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IN THE HIGH COURT OF BOMBAY(BENCH AT AURANGABAD)
SANDEEP V. MARNE, MANGESH S. PATIL, JJ.
The State of Maharashtra & Anr. – Appellant
Versus
Rupchand S/o. Narayan Shinde & Ors. – Respondents
Civil Application No.1214, 1216, 1206, 1186, 1203 of 2022, Review Application (Civil) No. 170, 171, 183 to 192, 194, 195 of 2022, Writ Petition No.11004 of 2019, 4586, 13760, 4555, 11738, 14754, 9433, 14009, 14592, 15230, 15175, 13015, 14586 of 2019, 15049 of 2017
Decided on : 30-08-2022
Review Petitions - Advance Increments - Government Resolution dated 24.08.2017, Circular dated 04.09.2018 - The Court held that the schemes for grant of advance increment to employees with certificate of excellent work and District Awardee Teachers were withdrawn by the Government Resolution dated 24.08.2017 and Circular dated 04.09.2018. The Court further directed that the benefit of advance increments would continue to operate till the respective dates of the issuance of the said Government Resolution and Circular.
Fact of the Case:
The review petitions were filed by the State Government and Zilla Parishads seeking review of various orders passed by the Court. The Court noted that none of the review petitions made out any specific ground of existence of any error apparent on the face of the record. The State Government and the Zilla Parishads were not permitted to raise arguments which were never canvassed at the time of the decision of the writ petitions.
Finding of the Court:
The Court found that the review applicants failed 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. The Court dismissed the review applications as no case was made out by the review applicants for review of the orders passed by the Court.
Issues: The issues involved the discontinuation of the schemes for grant of advance increments to employees with certificate of excellent work and District Awardee Teachers by the Government Resolution dated 24.08.2017 and Circular dated 04.09.2018.
Ratio Decidendi: The Court held that the schemes for grant of advance increment were withdrawn by the Government Resolution dated 24.08.2017 and Circular dated 04.09.2018. The Court further directed that the benefit of advance increments would continue to operate till the respective dates of the issuance of the said Government Resolution and Circular.
Final Decision: The review applications were dismissed without any order as to costs.
JUDGMENT :
SANDEEP V. MARNE, J.
1. These review petitions have been filed by either State Government or by Zilla Parishad seeking review of various orders passed by this Court. Since the effect of various orders passed on different dates is common, the review is also sought on identical grounds. Therefore, we have clubbed all the review petitions, which are being decided by a common order.
2. The brief particulars in respect of the review petitions are as under:
| Case No. | Issue | date of order under review | Review filed by |
| Review Application No.170/2022 in Writ Petition No. 13760 of 2019 | Advance increments on account of certificate of excellent work. | 14.11.2019
| State Govt. |
| Review Application No.171/2022 in Writ Petition No. 11004 of 2019 | Advance increments on account of certificate of excellent work | 05.09.2019 | State Govt. |
| Review Application No.184/2022 in Writ Petition No. 4586 of 2019 | Advance increments on account of certificate of excellent work. | 23.09.2019 | Z.P. |
| Review Application No.186/2022 in Writ Petition No. 4555 of 2019 | Advance increments on account of certificate of excellent work. | 23.09.2019 | Z.P. |
| Review Application No.187/2022 in Writ Petition No. 11738 of 2019 | Advance increment to district Awardee teachers | 24.09.2019 | Z.P. |
| Review Application No.190/2022 in Writ Petition No. 14754 of 2019 | Advance increments on account of certificate of excellent work. | 09.12.2019 | Z.P. |
| Review Application No.195/2022 in Writ Petition No.9433 of 2019 | Advance increments on account of certificate of excellent work. | 25.09.2019 | Z.P. |
| Review Application No.183/2022 in Writ Petition No. 14009 of 2019 | Advance increment to District Awardee Teachers | 20.11.2019 | Z.P. |
| Review Application No.185/2022 in Writ Petition No.14592 of 2019 | Advance increments on account of certificate of excellent work. | 04.12.2019 | Z.P. |
| Review Application No.188/2022 in Writ Petition No.15230 of 2019 | Advance increment to District Awardee Teachers | 17.12.2019 | Z.P. |
| Review Application No.191/2022 in Writ Petition No.15049 of 2017 | Advance increment to District Awardee Teachers | 20.12.2017 | Z.P. |
| Review Application No.192/2022 in Writ Petition No.13015 of 2019 | Advance increment to District Awardee Teachers | 17.10.2019 | Z.P. |
| Review Application No.194/2022 in Writ Petition No.14586 of 2019 | Advance increment to District Awardee Teachers | 04.12.2019 | Z.P. |
3. In Writ Petition Nos.13760 of 2019, 11004 of 2019, 4586 of 2019, 4555 of 2019, 14754 of 2019, 9433 of 2019 and 14592 of 2019 this Court has declared that the Government Resolution dated 24.08.2017 will have prospective effect and would not operate retrospectively, meaning thereby that the benefit of advance increments on account of award of certificate of excellent work would continue to operate till 24.08.2017. In Writ Petition Nos.11738 of 2019, 14009 of 2019, 15230 of 2019, 15049 of 2017, 13015 of 2019 and 14586 of 2019 this Court has essentially held that the Circular dated 04.09.2018 discontinuing the scheme of grant of advance increment to District Awardee Teachers would apply prospectively with a further direction that if the teachers are awarded certificates prior to 04.09.2018, they be granted advance increment as per the Government Resolution dated 12.12.2000.
4. Thus, both the schemes for grant of advance increment to employees with certificate of excellent work and District Awardee Teachers have been withdrawn by Government Resolution dated 24.08.2017 and Circular dated 04.09.2018, respectively. This Court, therefore, held that upto the date of issuance of the said Government Resolution dated 24.08.2017 and Circular dated 04.09.2018, the respective schemes were in vogue and therefore, the teachers/employees e
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