WASEEM FARHAT KHALIL FARHAT Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2023-1-83
HIGH COURT OF BOMBAY
Decided on January 24,2023

Waseem Farhat Khalil Farhat Appellant
VERSUS
STATE OF MAHARASHTRA Respondents


Referred Judgements :-

SETHI AUTO SERVICE STATION VS. DELHI DEVELOPMENT AUTHORITY [REFERRED TO]


JUDGEMENT

VRUSHALI V.JOSHI, J. - (1.)Heard Mr. A.R. Deshpande, learned counsel for the petitioners, Mrs.S.S. Jachak, learned Assistant Government Pleader for the respondent nos.1 to 3, Mr. S.M. Bhangde, learned counsel for the respondent nos.4 and 5 in Writ Petition No.94 of 2021 and Mr.A.R.Deshpande, counsel for the petitioners. Ms.S.S.Jachak, AGP for respondent nos.1 to 3. Mr.Ratnakar Khobragade, counsel for respondent Nos.4 and 5 in Writ Petition No.487 of 2021.
(2.)Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties. Since similar challenges arise in these writ petitions, they are decided together by this common judgment.
(3.)The petitioners in Writ Petition No.94 of 2021 are employed as teachers in various schools run by Zilla Parishad, Amravati. The petitioners in Writ Petition No.487 of 2021 are similarly placed teachers teaching in Zilla Parishad Schools in Bhandara district. By Circular dtd. 12/12/2000 issued by the respondent no.1 scheme of honouring teachers with a district Award was formulated. The selection was to be done by a District Level Committee and the awards were to be given on 5th September of each year, being Teacher's Day with the consent of the Divisional Commissioner as stipulated by Clause 12. As a result the awardee teachers were getting an additional increment.
On 4/9/2018, the respondent no.1 issued another Circular and decided to delete Clause 12 of the earlier Circular dtd. 12/12/2000. As a result, the grant of such award was discontinued. Each petitioner herein contends that he has been selected by the district level committee prior to issuance of the Circular dtd. 4/9/2018 but has been issued the recognition certificate after 4/9/2018. Since the petitioners are not being granted benefit of the additional increment they have challenged the Circular dtd. 4/9/2018 issued by the respondent no.1 withdrawing the grant of additional increment granted to the District Awardee Teachers. In the alternate, the petitioners seek a declaration that the Circular dtd. 4/9/2018 cannot be the basis for denying them the benefit of an additional increment as their selection is prior to 4/9/2018. The petitioners thus claim the additional increment as per Circular dtd. 12/12/2000 with interest.

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