Bombay High Court

NIVAS DNYANDEO KAMBLE AND ORS. 47versusTHE STATE OF MAHARASHTRA THR. SECRETARY RURAL DEVELOPMENT AND WATER CONSERVATION DEPT. AND ORS.

Disposal: Disposed Off

Holding

The Court held that the 2018 circular cannot be applied retrospectively and the petitioners are entitled to the additional increment as per the 2000 circular.

Summary

The petitioners, teachers who had received district awards before September 4, 2018, sought enforcement of an additional salary increment prescribed by a Government of Maharashtra circular dated December 12, 2000. The State of Maharashtra withdrew this benefit through a later circular dated September 4, 2018, prompting the petitioners to challenge its retrospective application. The petitioners argued that the 2018 circular could not affect awards granted prior to its issuance and relied on the precedent set in Urmila Pratapsingh Gaikwad v. State of Maharashtra. The Court examined whether the later circular could be applied retrospectively and considered the earlier decision which held that benefits already conferred cannot be withdrawn retrospectively. It held that the 2018 circular does not apply to the petitioners and that they remain entitled to the increment under the 2000 circular. Accordingly, the Court ordered the Zilla Parishad to grant the additional increment within eight weeks and allowed the petition.

Issues considered

Whether the Government circular dated September 4, 2018 withdrawing the additional increment can be applied retrospectively to district awardee teachers who received awards before that date.
Whether the petitioners are entitled to the additional increment under the Government circular dated December 12, 2000.

Subjects

teacher increment
government circular
retrospective application
district awardees
civil writ petition
administrative law

Judgment

2026:BHC-KOL:9218-DB

38-WP-3134-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 3134 OF 2026

Nivas Dnyandeo Kamble And Others. 47 ...Petitioners.
Versus
The State Of Maharashtra
Thr. Secretary Rural Development
And Water Conservation Dept. And Others ...Respondents.

——————
Mr. Sandeep B. Sontakke for the Petitioners.
Mr. N. C. Walimbe, Addl. GP a/w Ms. Tejas J. Kapre AGP for the Respondent-State.
Adv. Twinkal Kotawadekar i/b Pankaj Deokar for Respondent Nos. 2 & 3.
——————

Coram : Sharmila U. Deshmukh &
Neeraj P. Dhote, JJ.
Date : September 24, 2026.
P. C. :

1. By the present petition, the petitioners are seeking directions to

the respondents to release/grant one additional increment in view of

the circular dated 12th December, 2000 issued by the Government of

Maharashtra.

2. It is pleaded that the Government, in order to encourage the

teachers working at Zilla Parishads, decided to grant National Awards,

State Awards, and District Awards to the teachers. By circular dated 12 th

December, 2000, the State Government issued guidelines and directed

the grant of one additional increment to the district teacher awardees,

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38-WP-3134-2026.doc

excluding their regular increment.

3. The petitioners claim to be the district awardees and have

approached this Court being aggrieved by the withdrawal of the said

additional increment vide Government circular dated 4 th September,

2018.

4. Learned counsel appearing for the petitioners would submit that

the Government circular dated 4th September, 2018 taking away the

benefit of one increment will not apply to the petitioners, as they had

received the awards before the issuance of the circular of 4 th

September, 2018, which cannot apply retrospectively. He would further

point out the decision of this Court delivered at the Aurangabad Bench

in Urmila Pratapsingh Gaikwad And Others vs. State of Maharashtra And

Others ;[passed on 25th January, 2019 in WP No. 1954 of 2018 along with

connected matter], which covers the issue in hand.

5. The petitioners claim to be district awardees prior to the issuance

of the Government circular dated 4 th September 2018, by which the

conferment of an additional increment to the National, State, and

District awardee teachers was withdrawn by the Government. It is

specifically claimed by the petitioners that they are district awardees

prior to the issuance of the Government circular dated 4 th September,

2018, and therefore, they would be governed by the circular dated 12 th

December, 2000. The Government circular dated 4 th September, 2018

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38-WP-3134-2026.doc

cannot be applied retrospectively. The issue is no longer res integra and

is squarely covered by the decision in the case of Urmila Pratapsingh

Gaikwad (supra).

6. In light of the above, the following order is passed:

ORDER

i. The respondent-Zilla Parishad, after verifying that the
petitioners are district awardee teachers and have been
awarded certificates prior to 4th September, 2018, shall
grant the additional increment in accordance with the
Government circular dated 12th December, 2000
expeditiously, and in any event within a period of eight
weeks from today.

ii. The petition is allowed in the above terms.

[Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.]

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