Bombay High Court

MADAN S/O SADASHIV EDAKE AND ORS.versusTHE STATE OF MAHARASHTRA THR. SECRETARY GENERAL ADMINISTRATION DEPT. AND ORS.

Disposal: Disposed Off
Bench: MADHAV JAMDAR PRAVIN SHESHRAO PATIL

Holding

The Court directed the Zilla Parishad, Kolhapur to consider each petitioner's claim for the additional increment on its own merits within four months, without deciding the merits itself.

Summary

The petitioners, who are Assistant Teachers employed by the Zilla Parishad, Kolhapur, filed writ petitions seeking an additional salary increment as prescribed in a Government Resolution dated 31 December 1989. They contended that their service records demonstrated eligibility for the increment. The Court, recalling its earlier decisions directing authorities to adjudicate such claims on individual merits, declined to examine the substantive merits of the petitioners' claims. Instead, it ordered the Zilla Parishad to consider each petitioner's case in accordance with the principles of the 1989 Government Resolution and to render a decision within four months. The Court expressly left all merit-based contentions open and did not award costs.

Issues considered

Whether the Assistant Teachers are entitled to the additional increment under the Government Resolution dated 31 December 1989.
Whether the High Court should decide the merit of the increment claim or merely direct the appropriate authority to do so.

Subjects

additional increment
government resolution
assistant teachers
Zilla Parishad
writ petition
service matters
court direction
merits
costs

Judgment

                                                930-WP-1219-2026 (C).doc




         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIRCUIT BENCH AT KOLHAPUR

                  CIVIL APPELLATE JURISDICTION

                 WRIT PETITION NO. 1219 OF 2026

Madan S/o Sadashiv Edake And Ors.                       ...Petitioners
      Versus
The State Of Maharashtra Through
Secretary General Administration
Dept. And Ors.                                          ...Respondents


                             WITH
                 WRIT PETITION NO. 1235 OF 2026

Sunil S/o Hariba Edake And Ors.                         ...Petitioners
      Versus
The State Of Maharashtra Through
Secretary General Administration
Dept. And Ors.                                          ...Respondents


                             WITH
               WRIT PETITION (ST) NO.2198 OF 2026

Vinayak Appa Powar And Ors.                             ...Petitioners
      Versus
The State Of Maharashtra Through
Secretary General Administration
Dept. And Ors.                                          ...Respondents

                                    …..
Adv. P. D. Dalvi a/w Adv. Tejas V. Shelake, for Petitioners.
Mr. S. B. Kalel, for the Respondent-State.
Mr. Kedar Lad a/w Adv. Indrayani Patil, for the Respondent Nos. 3 and
4 in all three Writ Petitions.
                                    …..




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                                                        930-WP-1219-2026 (C).doc




                                    CORAM : MADHAV J. JAMDAR &
                                            PRAVIN S. PATIL, JJ.

                                    DATE     : 18th MARCH, 2026.

P.C. :

1.         The Writ Petition No.1235 of 2026 and Writ Petition(St) No.2198

of 2026 are not on Board. Taken on Board.

2.         Heard learned counsel for the petitioners.

3.         The petitioners, who are working as ‘Assistant Teachers’ at Zilla

Parishad, Kolhapur, approached before this Court with a limited

grievance that during their service tenure, they have performed the

excellent work and accordingly they are entitled for the additional

increment in terms of Government Resolution dated 31 st December

1989.

4.         This Court in series of cases has considered this issue and

directed the respective authorities to decide the individual case on its

own merits.

5.         In the light of the view taken by this Court, the submission of the

learned counsel for the petitioners is that the case of the petitioners be

also referred to the respondent- Zilla Parishad, Kolhapur to consider

their grievance.

6.         Accordingly, writ petitions are disposed of with direction to the

Zilla Parishad, Kolhapur to consider the individual case of the




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                                                       930-WP-1219-2026 (C).doc


petitioners for additional increment as per the principles laid down

under the Government Resolution dated 31 st October 1989 and decide

the same on its own merits as expeditiously as possible and in any case

within a period of four months.

7.         It is clarified that this Court has not considered the merit of the

matter and all contentions on merit are expressly kept open.

8.         No order as to costs.




[ PRAVIN S. PATIL, J.]                             [MADHAV J. JAMDAR, J.]




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