Bombay High Court

SUBHASH BABURAO CHAKRUPEversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The 04/09/2018 resolution cannot be given retrospective effect and the petitioner, being a District awardee teacher prior to that date, is entitled to the additional increment under the 12/12/2000 resolution.

Summary

The petitioner, a District awardee teacher, sought the additional increment granted under the Government Resolution dated 12/12/2000. The State argued that a later resolution dated 04/09/2018 withdrew that benefit. The Court examined the effect of the 04/09/2018 resolution and held that it could not be applied retrospectively to teachers who received the award before that date. Consequently, the petitioner remains eligible for the additional increment. The Court directed the Zilla Parishad to consider the petitioner's claim and decide on the increment within six months. The writ petition was disposed accordingly.

Issues considered

Whether the Government Resolution dated 04/09/2018 can be given retrospective effect to deny the additional increment to District awardee teachers who were awarded before that date.
Whether a District awardee teacher who received the award prior to 04/09/2018 is entitled to the additional increment under the Government Resolution dated 12/12/2000.

Subjects

District awardee teacher
additional increment
government resolution
retrospective effect
writ petition
public service
employment benefits

Judgment

2026:BHC-AUG:36578-DB


                                              {1}                     69-wp-9946-2026

                        IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                   BENCH AT AURANGABAD

                              69 WRIT PETITION NO. 9946 OF 2026

                                   Subhash Baburao Chakrupe
                                             VERSUS
                    The State Of Maharashtra Through Its Secretary And Others
                                                ...
              Mr. S.N. Janakwade, Advocate for the Petitioner
              Mr. S.K. Tambe, AGP for State
              Mr. Suhas Ghule, Advocate for Respondents No. 2 and 3
                                              .......

                                    CORAM : NITIN B. SURYAWANSHI AND
                                              ABASAHEB D. SHINDE, JJ.


                                       DATE : 17th AUGUST, 2026
              PER COURT :

              1.   We have heard learned Advocate for petitioner, learned A.G.P. for

              State and learned counsel for Zilla Parishad.


              2.   Learned Advocate for the petitioner submits that present

              petitioner is the District awardee teacher prior to 04/09/2018.


              3.   For the first time additional increment was given to the District

              awardee teachers under Govt. Resolution dated 12/12/2000. Pursuant

              thereto, additional increments as per the said Govt. Resolution were

              given.


              4.   There are other categories of awardee teachers such as State

              awardee teachers, national awardee teachers and the award being
                                   {2}                    69-wp-9946-2026

given for excellent/outstanding work. In the present case, we are

concerned only with the District awardee teacher.


5.    Upon perusal of various Govt. Resolutions placed on record, it

does not appear that prior to the Govt. Resolution dated 04/09/2018,

there was any Govt. Resolution taking away benefit of the additional

increment given to District awardee teachers. Of course, now, no

District awardee teacher would be entitled for the benefit in view of the

Govt. Resolution dated 04/09/2018. However, Govt. Resolution dated

04/09/2018 can not be given retrospective effect.


6.    Under   the   Government      Resolution   dated   24/08/2017,   the

Government has taken a decision that the benefit of advance

increment would not be available to those who were granted certificate

of excellent work. It is under the Government Resolution dated

04/09/2018 now the benefit of additional increment to the District

awardee teacher can not be given.


7.    However, all those who were granted certificate of District

awardee teacher prior to 04/09/2018 can not be denied the said

benefit of additional increment.



8. In light of the above, we pass the following order.
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                                    ORDER

         The respondents No. 2 and 3/Zilla Parishad after confirming
         themselves of the petitioner being District awardee teacher and
         awarded certificate prior to 04/09/2018 shall consider the case of
         the petitioner for additional increment as is laid down under the
         Government Resolution dated 12/12/2000. The same shall be
         considered on its own merits expeditiously preferably within a
         period of six months.



9.       Writ Petition is disposed of accordingly.



(ABASAHEB D. SHINDE, J.)                  (NITIN B. SURYAWANSHI, J.)




Bhagyawant Punde

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