LAWS(BOM)-2023-9-192

VISHNUPANT Vs. STATE OF MAHARASHTRA

Decided On September 01, 2023
Vishnupant Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel appearing for parties.

(2.) By this petition, petitioners seek direction to respondent No.2 - the Chief Executive Officer, Zilla Parishad, Wardha to grant benefit of one additional increment w.e.f.2/10/1999 and 5/9/2000 respectively as per order of this court dtd. 3/9/2019 along with arrears including 9% interest w.e.f. the date of issuing certificate of the District Awardee Teachers. They also claim declaration that circular dtd. 12/12/2000 issued by respondent No.1 - State Maharashtra is arbitrary and violative of Article 14 of the Constitution of India.

(3.) Petitioners came to be appointed on 19/8/1964 and 19/9/1963 respectively as Assistant Teachers on the establishment of Zilla Parishad at Wardha. They retired on 30/6/2001 and 30/6/2003 respectively. As per their contentions, the Zilla Parishad granted District Awards to selected teachers in its various schools for their excellent performance. Petitioners were also selected for the District Awards for the years October 1999 and September 2000 respectively. They are entitled for the benefit of one additional/advanced increment as per Government Resolution dtd. 12/12/2000. According to them, the said Government Resolution is unjust and arbitrary as respondent No.1 - State of Maharashtra ought to have made it applicable retrospectively to those who were already honoured with the District Awards earlier to the said Government Resolution. The act of respondents amounts discrimination between the similarly situated persons. They have also made representation on 14/5/2019 which remained unanswered. Hence, this petition for directions and declarations.