Bombay High Court
Mr. Sahebrao Baliram Ahire And Ors vs The State Of Maharasthra Throu The ... on 18 January, 2021
Author: R.I.Chagla
Bench: K.K.Tated, R.I.Chagla
Digitally signed
Jitendra by Jitendra S.
Nijasure
28 wp8818-18.odt
S. Date:
Nijasure 2021.01.21
12:35:10 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.8818 OF 2018
Mr. Nitin Dattatray Pawar & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO.9118 OF 2018
Sahebrao b. Ahire & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO.9132 OF 2018
Mr. Ashok Dharma Thakare & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO.9135 OF 2018
Dipak Uttam Thorat & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO.9136 OF 2018
Devram M. Khandavi ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO.9396 OF 2018
Dhanraj Shivaji Vani & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
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WRIT PETITION NO.9607 OF 2018
Pradeep S. Shinde & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO.9898 OF 2018
Dhananjay D. Aher & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO.12860 OF 2018
Chandrakant R. Lahanage & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
INTERIM APPLICATION NO.3839 OF 2019
IN
WRIT PETITION NO.18919 OF 2018
Walmik G. Sonawane ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
INTERIM APPLICATION NO.3843 OF 2019
IN
WRIT PETITION (ST.) NO.18924 OF 2018
Subhas Dodha Ahire & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO.9261 OF 2018
Mr. Manoj A. Thale & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
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WITH
WRIT PETITION NO.9262 OF 2018
Smt. Chandrakala J. Patil & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO.9363 OF 2018
Ramesh J. Dhumal & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO.9397 OF 2018
Mr. Sunil N. Patil & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO.9398 OF 2018
Ujawala Vasant Patil & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO.9399 OF 2018
Mr. Pramod K. Bhopi & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO.9604 OF 2018
Vijay Hiru Patil & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO.10295 OF 2018
Devidas P. Patil & Ors. ...Petitioners
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Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO.10234 OF 2018
Nana Laxman Bhopi & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
.....
Mr.Pradeep S. Gole for the Petitioners
Mr.S.S.Panchpor, A.G.P. for the State
.....
CORAM: K.K.TATED &
R.I.CHAGLA, JJ.
DATED : JANUARY 18, 2021 P.C. . Heard.
2. The learned counsel for the petitioners submits that in all these matters, the issue involved is the same i.e. grant the beneft of State Government Circular dated 12.12.2000 to the petitioners.
3. The learned counsel for the petitioners submits that in Writ Petition No.8818 of 2018 the petitioners are working as Assistant Teacher under the Primary Schools run by the State Government through Nashik Zilla Parishad, Nashik. To improve better teaching skills, State of Maharashtra initiated State Awardee Teacher Scheme since the year Mohite 4/6 28 wp8818-18.odt 1962-63. He submits that State of Maharashtra issued Circular dated 12.12.2000. As per the said Circular, District Awardee Teachers would be entitled to one increment in addition to the regular annual increment. As per the policy of the State Government, Zilla Parishad, Nashik, respondent no.4 declared the best teacher District Award to the petitioners on 05.09.2010 and therefore, they are entitled to one increment in addition to the regular increment. He submits that as the respondents failed and neglected to grant additional beneft as per the said Circular dated 12.12.2000, they fled the present Writ Petition. He submits that the same issue was before the High Court of Judicature at Bombay, Nagpur Bench in Writ Petition No.8165 of 2017. He submits that in that Writ Petition, Nagpur Bench of this court by order dated 05.04.2018 directed Zilla Parishad to grant the beneft of one increment to all the eligible petitioners with effect from the date of which they would be entitled to the same and release the actual monetary benefts fowing from the said order to the petitioners w.e.f. 25.11.2014. The arrears of the actual monetary benefts should be released in favour of the petitioners within three months from the date of the order. He submits that though the said order was pointed out to the respondents, they failed and neglected to grant the same. Hence, they fled the present Writ Petition.
4. The learned A.G.P. for the respondents submits that he requires some time to take instruction why the Zilla Parishad is not granting the beneft to the petitioners as per the order dated 05.04.2018 passed by Nagpur Bench of this Mohite 5/6 28 wp8818-18.odt court. He also requires some time to verify whether the said order is challenged by the State Government and or Zilla Parishad. He submits that as on today, nobody is appearing for Zilla Parishad. Hence, notice be issued to them also.
5. Considering the above mentioned facts, following order is passed:
a. Registry is directed to issue notice before admission to the respondents, returnable on 01.03.2021.
b. In addition to usual mode of service, petitioners are permitted to serve the respondents by private notice along with entire proceeding either by registered post A/D and or by hand delivery and fle affdavit of service to that effect on or before 22.02.2021.
c. Respondent State to fle their affdavit in reply on or before 18.02.2021 with copy to other side.
d. Rejoinder if any, be fled on or before 25.02.2021 with copy to other side.
e. Matter to appear on board on 01.03.2021.
(R.I.CHAGLA, J.) (K.K.TATED, J.)
Mohite 6/6