Case Note & Summary
The petitioners, Vishnupant Narayanrao Kashid and Shankar Daulatrao Mahajan (along with Shantabai Mahajan), were retired Assistant Teachers employed by the Zilla Parishad, Wardha. They were appointed on 19.08.1964 and 19.09.1963 respectively and retired on 30.06.2001 and 30.06.2003. The Zilla Parishad had granted District Awards to selected teachers, and the petitioners were District Awardees. They sought a direction to respondent No.2, the Chief Executive Officer of Zilla Parishad, Wardha, to grant them the benefit of one additional increment with effect from 02.10.1999 and 05.09.2000 respectively, as per an earlier order of the High Court dated 03.09.2019, along with arrears and 9% interest. They also sought a declaration that the circular dated 12.12.2000 issued by respondent No.1, the State of Maharashtra, was arbitrary and violative of Article 14 of the Constitution of India. The State had issued a Government Resolution on 16.08.1997 granting one additional increment to teachers who received State Awards. However, the subsequent circular dated 12.12.2000 restricted this benefit only to State Awardees, excluding District Awardees. The petitioners argued that this classification was irrational and discriminatory. The court analyzed the issue and held that the circular dated 12.12.2000 was arbitrary and violative of Article 14 as it created an unreasonable classification between similarly situated awardee teachers without any rational basis. The court directed respondent No.2 to grant the benefit of one additional increment to the petitioners with effect from the dates of their District Award certificates, along with arrears and 9% interest per annum from the respective dates, within four weeks. The petition was allowed in those terms.
Headnote
A) Constitutional Law - Article 14 - Arbitrary Classification - District Awardee Teachers vs. State Awardee Teachers - The circular dated 12.12.2000 granting one additional increment only to State Awardee Teachers was held arbitrary and violative of Article 14 as it created an unreasonable classification between similarly situated awardee teachers without any rational basis. (Paras 1-10) B) Service Law - Additional Increment - District Awardee Teachers - Entitlement - Petitioners, who were District Awardee Teachers, were entitled to the benefit of one additional increment from the date of issuance of the District Award certificate, as per the earlier Government Resolution dated 16.08.1997 and the order of this Court dated 03.09.2019. (Paras 2-10) C) Service Law - Arrears and Interest - Direction to Pay - The Court directed respondent No.2 to grant the benefit of one additional increment to the petitioners with effect from the dates of their District Award certificates, along with arrears and 9% interest per annum from the respective dates, within four weeks. (Para 10)
Issue of Consideration
Whether the circular dated 12.12.2000 restricting the benefit of one additional increment only to State Awardee Teachers and excluding District Awardee Teachers is arbitrary and violative of Article 14 of the Constitution of India.
Final Decision
The petition is allowed. The circular dated 12.12.2000 is held arbitrary and violative of Article 14. Respondent No.2 is directed to grant the benefit of one additional increment to the petitioners with effect from the dates of their District Award certificates, along with arrears and 9% interest per annum from the respective dates, within four weeks.
Law Points
- Article 14 of the Constitution of India
- Government Resolution dated 12.12.2000
- District Awardee Teachers
- Additional Increment
- Arbitrary Classification
