WASEEM FARHAT KHALIL FARHAT Vs. STATE OF MAHARASHTRA
HIGH COURT OF BOMBAY
Waseem Farhat Khalil Farhat
STATE OF MAHARASHTRA
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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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