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Bombay High Court

DATTATRAYA SHANKAR PATIL AND ORSversusTHE STATE OF MAHARASHTRA THR THE PRIN. SECRETARY AND ORS

Disposal
Disposed Off

Holding

The Court held that the Government Resolutions of 4 September 2014 and 24 August 2017 cannot be applied retrospectively and that the petitioners are entitled to the additional increment under the 12 December 2000 resolution.

Summary

The petitioners, who are District/State Awardee Teachers, filed a writ petition under Article 226 seeking the release of an additional increment and related arrears as per the Government Resolution dated 12 December 2000. The State of Maharashtra had later issued a Resolution on 4 September 2014 and another on 24 August 2017, purportedly discontinuing the scheme of advance increments. The petitioners contended that these later resolutions could not be applied retrospectively to deny their entitlement. The Court, relying on its own earlier judgment in Writ Petition No. 2428 of 2026 and a 2022 review decision, held that both the 2014 and 2017 resolutions have only prospective effect. Consequently, the petitioners were confirmed to be entitled to the additional increment under the 2000 resolution. The Court ordered the Zilla Parishad to release the increment within three months and to issue reasoned orders for any invalid claims.

Issues considered

  • Whether the Government Resolution dated 4 September 2014 can be applied retrospectively to deny the additional increment to District/State Awardee Teachers.
  • Whether the Government Resolution dated 24 August 2017 can be applied retrospectively to discontinue the scheme of advance increments.
  • Whether the petitioners are entitled to the additional increment under the Government Resolution dated 12 December 2000.
  • Whether the High Court can grant relief under Article 226 of the Constitution of India.

Legislation cited

Subjects

  • advance increment
  • district awardee teacher
  • retrospective effect
  • government resolution
  • Article 226
  • writ of mandamus
  • pay scale
  • pensionary benefits

Judgment

                                                                                     919-9257-2025-CWP=.doc



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

                                              WRIT PETITION NO. 9257 OF 2025

          Digitally
          signed by    Dattatraya Shankar Patil and Ors.                            … Petitioners
          UDAY
UDAY      SHIVAJI
SHIVAJI   JAGTAP
JAGTAP    Date:                          Versus
          2026.04.21
          10:17:46
          +0530
                       The State of Maharashtra Thr. The Principal                  … Respondents
                       Secretary and Ors.

                                                       ………….
                       Mr. Prashant Bhavake for the Petitioners.
                       Mr. Kedar Lad for Respondent No.17.
                       Mr. S.B. Kalel, AGP for the Respondent - State.
                                                       ………….

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

                                                             DATE      : 18th APRIL, 2026.
                       P. C. :

                       1.        In the present petition, the Petitioners claim following relief :-


                                 “b) This Hon'ble Court be pleased to exercise the powers
                                 vested in it under Article 226 of the Constitution of India and
                                 issue a Writ of Mandamus and/or any other Writ in the nature
                                 of Mandamus, Order and direction directing the Respondent
                                 State and its subordinate Authorities to release one advance/
                                 additional increments in favour of the Petitioners in the pay
                                 scale which was applicable to them at the relevant time and
                                 further revise pay-scale as well as pensionary benefits of the
                                 Petitioners and release entire arrears of difference of salary as
                                 well as pensionary benefits within stipulated period which this
                                 Hon'ble Court may deems fit and proper;”




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2.       In the present petition the contention of the Petitioners is that they

were District Awardee Teachers by the State Government and

consequently they are entitled for the additional increment in terms of

Government Resolution dated 12th December 2000.             However, though

they are pursuing their cause for a considerable period, the same was not

released in their favour by the Respondent.         It is pointed out that the

State      Government    has   subsequently    issued   further   Government

Resolution dated 4th September 2014 and thereby it is held that the

District Awardee Teachers would not be entitled for the benefit of

additional increment.



3.       In the light of this subsequent Government Resolution, the

Petitioners are deprived from the additional increment. Learned Counsel

appearing for the Petitioners in support of their submission has relied

upon the order passed by the Principal Bench in Writ Petition No. 2428 of

2026 along with other connected matters, dated 2 nd April 2026 wherein

identical issue was decided.



4.       Learned AGP does not dispute about the judgment delivered by the

Principal Bench in the identical matters.




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5.       It would be relevant to refer to the findings, which are recorded by

the Principal Bench in Writ Petition No. 2428 of 2026 along with other

petitions from paragraph Nos. 3 to 5, which read as under :-

         “3. In various judgments of this Court, it was consistently
         held that the Government Resolution dated 24/08/2017,
         would operate prospectively and would not have the effect of
         retrospective denial of advance increments. The State
         Government and various Zilla Parishads had filed Review
         Petitions seeking review of various orders passed by this Court.
         It was inter-alia sought to be contended in the said Review
         Petitions that, even though the ultimate decision for stoppage
         of the scheme for advance increments might have been taken
         on 24/08/2017, it was earlier directed by way of a Circular
         dated 03/07/2009, to undertake the exercise of pay fixation as
         per the 6th Pay Commission Pay scales, without taking into
         consideration the advance increments.

         4. By judgment and order dated 30/08/2022, this Court has
         rejected the Review Petitions after considering all the
         objections raised by the State Government. It was held that, no
         specific instructions were issued before 24/08/2017, for
         discontinuation of the scheme of advance increments.
         Paragraph Nos. 12 to 15 of the judgment and order dated
         30/08/2022, passed in Review Application (Civil) No.170 of
         2022 in Writ Petition No.13760 of 2019 (The State of
         Maharashtra and Anr. Vs. Rupchand S/o. Narayan Shinde and
         Ors.), read as under:

                 "12. After having heard learned Counsels at length, we
                      find that the review applicants have not been able
                      to point out any specific instructions issued prior
                      to 24.08.2017/04.09.2018 for discontinuation of
                      the schemes for grant of advance increments.
                      Government Resolution dated 27.02.2009 and
                      Circular dated 03.07.2009 do not indicate that any
                      final decision was taken for discontinuation of


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                     schemes for advance increments. We proceed to
                     examine the Government Resolution dated
                     27.02.2009 and Circular dated 03.07.2009 in
                     details.

                 13. Government Resolution dated 27.02.2009 came to
                     be issued by the State Government essentially for
                     conveying the decision of the State Government
                     about acceptance or otherwise of various
                     recommendations made by the Hakim Committee
                     constituted for implementation recommendations
                     of the 6th Central Pay Commission. In Annexure to
                     the     said   Government       Resolution,  each
                     recommendation and decision of the State
                     Government thereon have been enumerated. So
                     far as the scheme for advance increment is
                     concerned, the same is to be found at serial
                     number 27 of the Annexure (para 3.24 of
                     Committees Report). In that paragraph, the
                     Committee        recommended          that     for
                     employees/Officers rendering outstanding service,
                     increment @4% be awarded instead of 3% and
                     such increment be granted once in 5 years. It was
                     further recommended that since increment at
                     higher rate was being granted, the then existing
                     scheme for grant of one or two advance
                     increments be discontinued. However, in the
                     column 'Decision of State Government' against
                     para 3.24, remark is made stating that 'separate
                     action would be taken by General Administration
                     Department'.     As     against    various  other
                     recommendations, the remark 'accepted' has been
                     made. The recommendation made in para 3.24 by
                     the Hakim Committee was not accepted at least on
                     the date of issuance of Government Resolution
                     dated 27.02.2009 and General Administration
                     Department was to take a decision thereon
                     separately. Thus, it cannot be inferred that any
                     specific decision was taken by the State
                     Government on 27.02.2009 for discontinuation of
                     scheme for grant of advance increment. Therefore,


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                     we do not find that the orders under review need
                     to be disturbed on the basis of the Government
                     Resolution dated 27.02.2009.

                 14. Now, we come to the Circular dated 03.07.2009.
                     By the said Circular, it was directed that the issue
                     of discontinuation of scheme for grant of advance
                     increment was under consideration with the State
                     Government and that some time was required for
                     taking final decision. Therefore, it was further
                     directed that temporarily the pay fixation of the
                     employees in the 6th Pay Commission scales be
                     made      without    considering     the    advance
                     increments. Thus, the Circular dated 03.07.2009
                     was clearly issued as a temporary measure. The
                     said circular did not communicate any decision to
                     the effect that the State Government discontinued
                     the scheme for grant of advance increments.
                     Therefore, we find that the reliance of Mr. Dixit on
                     the Circular dated 03.07.2009 is again of no avail.

                 15. We have carefully gone through the Government
                     Resolution dated 24.08.2017 and Circular dated
                     04.09.2018. By the Government Resolution dated
                     24.08.2017, final decision came to be taken in
                     respect of recommendation made by the Hakim
                     Committee in para 3.24 of its report directing that
                     during the period from 01.10.2006 to 01.10.2015
                     when revised pay scales as per 6th Pay
                     Commission were admissible, the benefit of
                     advance increments should not be granted. Thus,
                     the final decision on para 3.24 of Committees
                     Report was taken by the State Government only
                     on 24.08.2017. However, instead of simply
                     directing that the scheme for grant of advance
                     increments is discontinued, the State Government
                     sought to give retrospective effect to its decision
                     by directing that the benefit of such advance
                     increments be not given during the period from
                     01.10.2006 to 01.10.2015. While issuing such
                     orders having retrospective effect, the State


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                 Government lost sight of the fact that several
                 employees were already granted the benefit of
                 advance increments during the relevant period. As
                 we have observed earlier, the deliberations for
                 discontinuation of the scheme started only on
                 27.02.2009/03.07.2009 and prior to that,
                 admittedly, the issue of discontinuation of the
                 scheme for grant of advance increment was not
                 even under consideration. The instructions for
                 temporarily doing pay fixation without advance
                 increments were issued on 03.07.2009. This
                 means that several employees must have already
                 been granted advance increments during the
                 period from 01.10.2006 to 03.07.2009. We,
                 therefore, fail to comprehend as to how the State
                 Government could have issued directions on
                 24.08.2017 that the benefit of advance increments
                 should not be granted from 01.10.2006 onwards.
                 Even in respect of employees becoming eligible for
                 grant of advance increments after 27.02.2009, we
                 do not find any error in the view taken by this
                 Court that the Government Resolution dated
                 27.08.2017 would only have prospective effect."

         5.    Thus, it is now a well settled position that the scheme of
         grant of advance increments was discontinued for the first time
         by the Government Resolution, dated 24/08/2017 and that,
         such decision would only operate prospectively.”



6.       The co-ordinate bench of this Court has held that the Government

Resolution dated 24th August 2017 cannot be made applicable

retrospectively and as such allowed the Writ Petition. It is held that the

Petitioners to whom the District / State Awardee Teacher has been

conferred, are entitled for the additional          increment in terms of



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Government Resolution dated 12th December 2000.



7.       In the light of the observations made by the co-ordinate bench, we

are also of the same view that the Government Resolution dated 4 th

September 2014 cannot be made applicable retrospectively.



8.       In view of the above, we pass the following order.


                                  ORDE R

(i)      The Respondent – Zilla Parishad after confirming the entitlement

of the Petitioners being District / State Awardee Teachers and the

Certificate if issued prior to 4th September 2014, shall consider their

entitlement and release the additional increment in terms of Government

Resolution dated 12th December 2000 within a period of 3 months from

the date of order.

(ii)     It is needless to mention that if any claim of any Petitioner is

invalidated insofar as his entitlement is concerned, a reasoned order in

each of such case be passed and the said order be served upon the

concerned Petitioner/s within a period of 4 weeks from the date of such

order.




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9.       The Writ Petition is disposed of in the above terms. No order as to

costs.



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




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