Bombay High Court Allows Writ Petition of Awardee Teachers Seeking One Additional Increment Under G.R. Dated 12/12/2000 — Zilla Parishad Directed to Grant Benefit Within Six Weeks. The court held that the law is crystallized and denial of the benefit forces teachers to litigate, imposing costs on the Zilla Parishad.

High Court: Bombay High Court Bench: AURANGABAD In Favour of Accused
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Case Note & Summary

The petitioners, nine teachers who were recipients of District, State, or National Level Teacher Awards (Adarsh Shikshak Puraskar), filed a writ petition before the Bombay High Court, Aurangabad Bench, seeking a direction to the respondents (State of Maharashtra and Zilla Parishad, Osmanabad) to grant them one additional increment as per the Government Resolution (G.R.) dated 12/12/2000. The court noted that this was yet another case in a series where awardee teachers were forced to rush to court for this benefit, despite the law being crystallized in numerous earlier judgments. The petitioners were represented by Advocate Ganesh J. Kore, while respondent No.6 (CEO, Zilla Parishad) was represented by Advocate A.S. Reddy and the State by AGP P.S. Patil. The court observed that various Zilla Parishads appear to derive vicarious pleasure in denying such benefits, causing mental agony and unnecessary legal expenses to the teachers. The court allowed the petition, directing the respondents to grant the additional increment to the petitioners within six weeks from the date of the order. The court also imposed costs of Rs.5,000 on respondent No.6 (Zilla Parishad) to be paid to each petitioner within the same period, failing which the amount would carry interest at 6% per annum until payment.

Headnote

A) Service Law - Additional Increment - Awardee Teachers - Government Resolution dated 12/12/2000 - The petitioners, being District/State/National Awardee Teachers, sought one additional increment as per G.R. dated 12/12/2000. The court held that the law is crystallized and the Zilla Parishad cannot deny the benefit, forcing teachers to approach the court. The petition was allowed with direction to grant the benefit within six weeks. (Paras 1-5)

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Issue of Consideration

Whether the petitioners, being District/State/National Awardee Teachers, are entitled to one additional increment as per the Government Resolution dated 12/12/2000 issued by the State of Maharashtra.

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Final Decision

The petition is allowed. The respondents are directed to grant one additional increment to the petitioners within six weeks from today. Respondent No.6 shall pay costs of Rs.5,000 to each petitioner within six weeks, failing which the amount shall carry interest at 6% per annum until payment.

Law Points

  • Awardee teachers are entitled to one additional increment under G.R. dated 12/12/2000
  • Law crystallized by this Court in numerous cases
  • Denial by Zilla Parishad is unjustified and forces teachers to litigate
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Case Details

2021 LawText (BOM) (08) 16

WRIT PETITION NO.3436 OF 2020

2021-08-06

RAVINDRA V. GHUGE, S.G. MEHARE

Mr.Ganesh J.Kore, Mr.A.S.Reddy, Mr.P.S.Patil

Shivaji Kerba Sirsat and others

The State of Maharashtra and others

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Nature of Litigation

Writ petition seeking direction to grant one additional increment to District/State/National Awardee Teachers as per G.R. dated 12/12/2000.

Remedy Sought

Petitioners sought a writ of mandamus directing respondents to grant them one additional increment and consequential benefits.

Filing Reason

Respondents denied the benefit of one additional increment to the petitioners despite being entitled under G.R. dated 12/12/2000.

Issues

Whether the petitioners are entitled to one additional increment under G.R. dated 12/12/2000?

Submissions/Arguments

Petitioners argued that they are entitled to one additional increment as per G.R. dated 12/12/2000 and the law is crystallized by this Court. Respondents opposed the petition, but the court noted that the denial is unjustified.

Ratio Decidendi

Awardee teachers are entitled to one additional increment under G.R. dated 12/12/2000, and the law is crystallized. Denial by Zilla Parishad is unjustified and forces teachers to litigate, warranting costs.

Judgment Excerpts

This is yet another case, in a series of such cases that have come before us wherein the District/State/National Awardee Teachers are made to rush to this Court for seeking one additional increment, which they are entitled to in view of the G.R. dated 12/12/2000 issued by the State of Maharashtra. Various Zilla Parishads appear to derive vicarious pleasure in denying such benefits thereby forcing such teachers to knock the doors of this Court for justice.

Procedural History

The writ petition was filed in 2020. Rule was issued and made returnable forthwith. Heard finally by consent of parties on August 6, 2021.

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