Case Note & Summary
The Full Bench of the Bombay High Court at Aurangabad was constituted to resolve a conflict between two Division Bench decisions regarding the entitlement of Zilla Parishad teachers to an advance increment upon receiving the 'Best Teacher Award' at the district level. The Government Circular dated 12.12.2000, under Clause 12, granted one advance increment to such awardees. However, on 04.09.2018, the Government issued a circular deleting Clause 12, thereby discontinuing the monetary benefit prospectively. The conflict arose in cases where teachers had been selected and recommended for the award before 04.09.2018 but had not yet received the award or the increment. In Ganesh Mohan Bagul (supra), the Division Bench held that actual receipt of the award was a mandatory condition, and since the petitioners had not received the award by 04.09.2018, they were not entitled. In contrast, in Waseem Farhat Khalil Farhat (supra), the Division Bench held that selection and recommendation were sufficient, and the approval by the Divisional Commissioner was a mere formality. The Full Bench analyzed the language of Clause 12 and the 2018 circular, noting that the deletion was prospective and did not affect rights that had already crystallized. The Court held that the entitlement to the advance increment accrues upon selection and recommendation by the committee, not upon actual conferment of the award. The approval by the Commissioner is procedural and does not create a substantive right. Therefore, teachers who were selected/recommended before 04.09.2018 are entitled to the advance increment, even if the award ceremony or formal approval occurred after that date. The Full Bench overruled Ganesh Mohan Bagul (supra) and upheld the view in Waseem Farhat Khalil Farhat (supra) and Sarjerao Shamrao Gadade (supra). The reference was answered accordingly, and the matters were directed to be placed before the appropriate Division Bench for disposal in light of this decision.
Headnote
A) Service Law - Advance Increment - Best Teacher Award - Clause 12 of Government Circular dated 12.12.2000 - Deletion by Circular dated 04.09.2018 - The issue was whether teachers selected/recommended for the award before 04.09.2018 but not yet conferred the award are entitled to the advance increment. The Full Bench held that the entitlement crystallizes upon selection and recommendation by the committee, and the approval by the Divisional Commissioner is a mere formality. The deletion of Clause 12 is prospective and does not affect rights that had already accrued. The view in Waseem Farhat Khalil Farhat (supra) was upheld, and Ganesh Mohan Bagul (supra) was overruled. (Paras 1-12) B) Service Law - Prospective Operation - Government Circular - Rights Accrued - The Full Bench held that the circular dated 04.09.2018 deleting Clause 12 operates prospectively and does not take away the benefit of advance increment for teachers who were selected/recommended before that date. The benefit is not dependent on actual receipt of the award but on the completion of the selection process. (Paras 6-10)
Issue of Consideration
Whether the view taken in Ganesh Mohan Bagul (supra) lays down the correct position of law in light of Clause 12 of Government Circular dated 12.12.2000, considering the Government Resolution dated 04.09.2018 which discontinues monetary benefits; and whether the view taken in Sarjerao Shamrao Gadade (supra) and Waseem Farhat Khalil Farhat (supra) lays down the correct position of law.
Final Decision
The Full Bench answered the reference by holding that the view in Waseem Farhat Khalil Farhat (supra) and Sarjerao Shamrao Gadade (supra) lays down the correct position of law. The view in Ganesh Mohan Bagul (supra) is overruled. The entitlement to advance increment crystallizes upon selection and recommendation by the committee before 04.09.2018, and the deletion of Clause 12 is prospective. The matters are to be placed before the appropriate Division Bench for disposal in light of this decision.
Law Points
- Prospective operation of government circular
- Entitlement to advance increment based on selection/recommendation
- Deletion of Clause 12 does not affect rights crystallized before 04.09.2018
- Distinction between substantive right and procedural formality
