Bombay High Court
Gautam Motiram Pandit And Others vs State Of Maha., Thr. Secy., Rural ... on 18 January, 2024
Author: M.S. Jawalkar
Bench: Avinash G. Gharote, M.S. Jawalkar
2024:BHC-NAG:824-DB
Judgment 1 63wp6747.23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 6747/2023
(1) Gautam Motiram Pandit,
Aged about 63 years, Occ. Retired,
R/o. Prashik Nagar, Mangrulpir,
Tq. Mangrulpir & Dist. Washim
(2) Savita Pralhad Atkare,
Aged about 57 years, Occ. Service,
R/o. Kirti Nagar, Karanja Lad,
Dist. Washim
(3) Manohar Chintaman Gomase,
Aged about 66 years, Occ. Retired,
R/o. At Post Krushna Nagar, Kamargaon,
Tq. Karanja Lad, Dist. Washim
(4) Subhash Tukaram Pawane,
Aged about 59 years, Occ. Retired,
R/o. Kulkarni Layout, Near Dalmill,
Akola Road, Mangrulpir, Dist. Washim
.... PETITIONER(S)
// VERSUS //
(1) State of Maharashtra,
Through its Secretary,
Rural Development and Water
Conservation Department, Bandhkam
Bhavan, Marzban Path, Fort, Mumbai 400001
..ANSARI..
Judgment 2 63wp6747.23.odt
(2) State of Maharashtra,
Through its Secretary,
School Education & Sports Department,
Mantralaya, Mumbai-32
(3) Divisional Commissioner,
Amravati Division, Amravati,
Tq. & Dist. Amravati
(4) Zilla Parishad,
Washim, Through its Chief Executive Officer,
Washim, Tq. & Dist. Washim
(5) Education Officer (Primary),
Zilla Parishad, Washim,
Tq. & Dist. Washim
.... RESPONDENT(S)
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Mr. A.R. Deshpande, Advocate for the Petitioner(s)
Ms. Prachi Joshi, AGP for the Respondent/State
Mr. A.S. Deshpande, Advocate for the Respondent Nos. 4 & 5
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CORAM : AVINASH G. GHAROTE &
SMT. M.S. JAWALKAR, JJ.
JANUARY 18, 2024
ORAL JUDGMENT :- (PER: SMT. M.S. JAWALKAR, J.)
. RULE. Rule made returnable forthwith. Heard finally by
consent of the learned Counsel for the respective parties.
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Judgment 3 63wp6747.23.odt
(2) The Petitioner Nos. 1, 3 & 4 are the retired Employees who
served at the Zilla Parishad, Washim. The Petitioner No. 2 is still
in service of Zilla Parishad, Washim. All the Petitioners claime to
be the District Awardee Teachers and have received certificates
of Award in the year 2007 and 2011 respectively.
(3) Learned Counsel for the Petitioners submits that Clause 12
of the Government Circular dated 12/12/2000 provides for one
additional increment to be granted to the District Awardee
Teachers which is independent of yearly increments. It is the
grievance of the Petitioners that despite the above position, the
Petitioners did not receive one additional increment for which
they were entitled for. It is also contended that similarly situated
District Awardee Teachers have already received the benefits as
prayed.
(4) This Court in Writ Petition No. 5419/2018 (Sanjay
Ramkrushan Waghmare & others vs. State of Maharashtra &
others) and other connected matters, concluded this issue. It is
held that the Government Resolution dated 04/09/2018 does not
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Judgment 4 63wp6747.23.odt
have any retrospective effect and could not be given any
retrospective effect. That would mean that even though by this
Government Resolution dated 04/09/2018, Clause 12 of the
Government Circular dated 12/12/2000 has been deleted, the
deletion would take effect from 04/09/2018 and would not
adversely affect the claims of the eligible District Awardee
Teachers for grant of additional increment in addition to their
entitlements.
(5) Learned Counsel for the Respondents has no objection to
dispose of the present Writ Petition in view of the observations
made in the Writ Petition No. 5419/2018.
(6) In view of the above submission, we are inclined to allow
the Writ Petition.
(7) Hence, we proceed to pass following order:-
ORDER
(a) The Writ Petition is allowed.
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Judgment 5 63wp6747.23.odt
(b) The Respondents/Zilla Parishad, after satisfying
themselves about the Petitioners being District Awardee
Teachers having been awarded Certificates prior to
04/09/2018, shall individually consider the case of the
Petitioners for additional increment as is laid under the
Government Circular dated 12/12/2000.
(c) The same shall be considered on merits of each
individual case by considering the judgments rendered in
all the applicable cases as expeditiously as possible and
preferably within a period of three months from today.
Rule is made absolute in the above terms. Pending
Application(s), if any, stand(s) disposed of.
(SMT. M.S. JAWALKAR, J.) (AVINASH G. GHAROTE, J.)
Signed by: A.P. ANSARI
..ANSARI..
Designation: PS To Honourable Judge
Date: 22/01/2024 10:53:24
