Partly allowed

Ram Mukundrao Chaudhari and Another v. State of Maha., Thr. Secretary, Rural Development and Water Conservation Dept., Mumbai and Ors.

Bombay HC11 Jan 2024WP/4901/2023

Case brief

AI extract

What is this about?

District Awardee Teachers of a Zilla Parishad School sought continuation of an additional increment withdrawn in 2009. The court held the withdrawal was not in accordance with law, directed its continuation per the Government circular dated 12/12/2000, payment of arrears, and grant of consequential benefits within four months. Petition partly allowed.

What the court decided

AI extract

Ram Mukundrao Chaudhari and Another Vs State… — Pension and Retirement Benefits | Bombay HC (2024)

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(1)

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40 wp 4901-2023

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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WRIT PETITION NO. 4901 OF 2023

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Ram Mukundrao Chaudhari and others

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Vs.

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State of Maharashtra and others

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- – - - - - - - – - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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Shri A.R. Deshpande, Advocate for the petitioners Ms Shamsi Haider, AGP for the respondent Nos. 1 to 3 Shri D.M. Kale, Advocate for respondent Nos. 4 and 5

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CORAM : AVINASH G. GHAROTE AND SMT M.S. JAWALKAR, JJ.

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DATE : 11.01.2024.

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Present petition is filed by the employee of Zilla Parishad School, Amravati and have been selected as the District Awardee Teachers in 2008. He was awarded with benefit of one additional increment. However, it was withdrawn in September, 2009.

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By this petition, the petitioners are claiming for continuation of that benefit and to release arrears along with interest with consequential benefits. However, attention is drawn to the judgment in Writ Petition No. 625/2016, wherein similar issue has been involved. It is held in the said petition that Government Resolution dated 24/08/2017 does not speak of any incentive conferred upon the teacher as an award. The petitioners are mentioned as the District Awardee Teachers.

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(2)

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40 wp 4901-2023

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The submission made on behalf of respondent No.2 that in terms of Government Resolution dated 24/08/2017, award already conferred has been withdrawn is not accepted. It is held that the increment additionally granted ought to have been continued and its benefits should have been received by the District Awardee Teachers till their superannuation unless it is withdrawn as per law. There is no such order of withdrawal.

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In view of this proposition, we direct the respondent to continue to honour and execute the order as per Government circular dated 12/12/2000 and clear the arrears from the date of discontinuation of additional increment till date. We also direct further respondents to grant consequential benefits to the District Awardee Teacher within a period of four months from today. As such, petition is partly allowed and disposed of. No orders as to costs.

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JUDGE

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JUDGE

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Jayashree..

Ram Mukundrao Chaudhari and Another v. State of Maha., Thr. Secretary, Rural Development and Water Conservation Dept., Mumbai and Ors.

Case brief

What is this about?

What the court decided

Ram Mukundrao Chaudhari and Another v. State of Maha., Thr. Secretary, Rural Development and Water Conservation Dept., Mumbai and Ors.

Case brief

What is this about?

What the court decided

A compact analysis

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