Allowed

Prakash Panditrao Ambekar and Another v. the State of Maharashtra and Others

Bombay HC27 Sept 2021WP/8229/2021

Case brief

AI extract

What is this about?

The court held that District awardee teachers who received certificates prior to 04.09.2018 cannot be denied the additional increment benefit granted under the Government Resolution dated 12.12.2000. The retrospective effect of the 2018 resolution was rejected, directing the Zilla Parishad to process claims within six months.

What did the court decide?

The respondent Zilla Parishad is directed to consider the petitioners' cases for additional increment under the Government Resolution dated 12.12.2000 within six months.

Prakash Panditrao Ambekar and Another Vs the… — Pension and Retirement Benefits | Bombay HC (2021)

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1 wp 8229.2021

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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88 WRIT PETITION NO.8229 OF 2021

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PRAKASH PANDITRAO AMBEKAR AND ANOTHER

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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...

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Advocate for Petitioners:

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Mr. P. D. Jarare h/f. Mr. Bagal Vishal A.
AGP for Respondent No. 1: Mr. S. P. Tiwari
Advocate for Respondents No. 2 & 3:
Mrs. Manjushri V. Narwade

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...

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CORAM:S. V. GANGAPURWALA &
R. N. LADDHA, JJ.
DATE:27th SEPTEMBER, 2021

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PER COURT:

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1.The learned Advocate for the petitioners and
respondents are ad-idem that the petitioners are

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similarly situated with the petitioners in Writ
Petition No. 1954 of 2018 with connected writ
petitions decided on 25.01.2019. In view of that
we pass the same order.

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2.The learned A.G.P. accepts notice for the

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respondent no. 1 and Mrs. Narwade, learned
Advocate accepts notice for respondents no. 2
and 3.

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2 wp 8229.2021

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3.We have heard learned Advocate for the
petitioners, the learned A.G.P. for the respondent
/ State and the learned Advocate for the
respondent / Zilla Parishad.

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4.Learned Advocate for the petitioners submits
that all the petitioners are the District awardee
Teachers prior to 04.09.2018.

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5.For the first time additional increment was
given to the District awardee teachers under
Government Resolution dated 12.12.2000. Pursuant

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thereto, additional increments as per the said
Government Resolution were given.

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6.There are other categories of awardee

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teachers such as State awardee teachers, National
awardee teachers and the award being given for
excellent / outstanding work. In the present case,

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we re concerned only with the District awardee
teachers.

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7.Upon perusal of various Government
Resolutions placed on record, it does not appear

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3 wp 8229.2021

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that prior to the Government Resolution dated
04.09.2018, there was any Government Resolution
taking away benefit of the additional increment
given to District awardee teachers. Of course,
now, no District awardee teacher would be entitled
for the benefit in view of the Government
Resolution dated 04.09.2018. However, Government
Resolution dated 04.09.2018 can not be given
retrospective effect.

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8.Government Resolution relied by the learned
Advocate for the Zilla Parishad viz. Government
Resolution dated 27.02.2009 is general in nature.
It only states that the committee formed by the
Government has made recommendation and the same is
to be accepted with certain modifications. Under
the Government Resolution dated 24.08.2017,
Government has taken decision that the benefit of
advance increment would not be available to those
who were granted certificate of excellent work. It

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is under the Government Resolution dated
04.09.2018 now the benefit of additional increment

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to the District awardee teacher can not be given.

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4 wp 8229.2021

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9. However, all those who were granted

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certificate of District awardee teacher prior to
04.09.2018 can not be denied the said benefit of
additional increment.

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10.In light of the above, we pass the following
order.

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ORDER

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The respondent / Zilla Parishad after
confirming itself of the petitioners being
District awardee teachers and awarded
certificate prior to 04.09.2018, shall
consider the case of the petitioners for
additional increment as is laid down under
the Government Resolution dated 12.12.2000.

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The same shall be considered on it’s own
merits, expeditiously and preferably within a
period of six (06) months.

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11.Writ Petition is accordingly disposed of.

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[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.]
marathe

Prakash Panditrao Ambekar and Another v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Prakash Panditrao Ambekar and Another v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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