SAMBHAJI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Learned counsel appearing for the Petitioners in all above mentioned Petitions submits that all the petitioners are District Awardee Teachers prior to 04th September, 2019. For the first time increment was given to the District Awardee Teachers under Government Resolution dated 12th December, 2000. Pursuant thereto additional increment as per said Government Resolution were given. He further submits that the present cases are concerned only with the District Awardee Teachers.

(2.) It is submitted that, the Division Bench (CORAM : S. V. GANGAPURWALA & A. M. DHAVALE, JJ). of the Bombay High Court bench at Aurangabad in Writ Petition No. 12699 of 2018 ( Ravindra Vana Patil v. The State of Maharashtra and Ors .) and connected Writ Petitions thereto, in respect of similarly situated teachers has held that the Government Resolution dated 24th August, 2017, cannot be applied to the cases of the Petitioners since the said Government Resolution will have prospective effect and not retrospective and in that case the benefit that was accorded to the Petitioners of excellent work in the year 2006, 2007 and 2008 shall not be withdrawn and if any recovery is made pursuant to the same, same shall be refunded to the Petitioners.

(3.) Learned counsel also submits that in another Writ Petition No. 1954 of 2018 ( Urmila Dattatrya Gaikwad and Others v. The State of Maharashtra and Others ) and connected Writ Petitions thereto, the Court has considered the prayer of the Petitioners therein that the additional increment given to the District Awardee Teachers under Government Resolution dated 12th December, 2000 cannot be withdrawn since prior to 4th September, 2018 there was no such Government Resolution taking away benefit of additional increments given to the District Awardee Teachers. In the said Writ Petition it was ordered that the Respondent / Zilla Parishad after confirming themselves all the Petitioners being District Awardee Teachers and awarded certificate prior to 04 th September, 2018 shall individually consider the case of the Petitioners for additional increment as is laid down under the Government Resolution dated 12 th December, 2000. The Respondents therein were directed to consider the cases of the Petitioners therein on its own merits expeditiously preferably within a period of six months.