JUDGMENT :

Urmila Joshi-Phalke, J.

1. Heard. Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel appearing for parties.

2. By this petition, petitioners seek direction to respondent No.2 - the Chief Executive Officer, Zilla Parishad, Wardha to grant benefit of one additional increment w.e.f.2.10.1999 and 5.9.2000 respectively as per order of this court dated 3.9.2019 along with arrears including 9% interest w.e.f. the date of issuing certificate of the District Awardee Teachers.

They also claim declaration that circular dated 12.12.2000 issued by respondent No.1 - State Maharashtra is arbitrary and violative of Article 14 of the Constitution of India.

3. Petitioners came to be appointed on 19.8.1964 and 19.9.1963 respectively as Assistant Teachers on the establishment of Zilla Parishad at Wardha. They retired on 30.6.2001 and 30.6.2003 respectively. As per their contentions, the Zilla Parishad granted District Awards to selected teachers in its various schools for their excellent performance. Petitioners were also selected for the District Awards for the years October 1999 and September 2000 respectively. They are entitled for the benefit of one additional/advanced increment as per Government Resolution dated 12.12.2000. According to them, the said Government Resolution is unjust and arbitrary as respondent No.1 – State of Maharashtra ought to have made it applicable retrospectively to those who were already honoured with the District Awards earlier to the said Government Resolution. The act of respondents amounts discrimination between the similarly situated persons. They have also made representation on 14.5.2019 which remained unanswered. Hence, this petition for directions and declarations.

4. Respondent No.2 – the Chief Executive Officer, Zilla Parishad, Wardha, submitted its affidavit-in-reply and denied contentions of petitioners. It is submitted that under the Scheme of District Awardee Teachers, benefit of one additional increment is implemented from the date of 12.12.2000 as per the said Government Resolution issued by the Rural Development Department. Before introduction of the said Government Resolution, benefit of grant of one additional increment to the District Awardee Teachers was not permissible. As far as the judgment dated 3.9.2019 passed by this Court in Writ Petition No.2343/2008 is concerned, all petitioners in the said petition had received certificates under the Scheme of the District Awardee Teachers after introduction of the said Government Resolution and, therefore, the present petition is devoid of merits and liable to be dismissed.

5. The above contentions of respondent No.2 – the Chief Executive Officer, Zilla Parishad, Wardha, are endorsed by respondent No.1 - State of Maharashtra and prayed for dismissal of the petition.

6. Heard Advocate Mrs.Smita Dashputre h/f learned counsel Shri S.U.Ghude for petitioners, learned counsel Shri S.M.Ukey for respondent No.2 and learned Additional Government Pleader for respondent No.1.

7. Learned counsel for petitioners reiterated contentions and submitted that as petitioners are the District Awardee Teachers for the years October 1999 and September 2000, they retired on 30.6.2001 and 30.6.2003 respectively. They were in service when the said Government Resolution was issued and, therefore, in view of the said Government Resolution, they are entitled for the benefit of additional/ advanced increment. She submitted that in Writ Petition No.2343/2008 petitioners therein received the said benefit and, therefore, petitioners in the present petition being similarly situated are also entitled for the said benefit.

8. In support of her contentions, learned counsel for petitioners placed reliance on the decision of the Honourable Apex Court in the case of Bannari Amman Suguars ltd. vs. Commercial Tax Officer and others, (2005)1 SCC 625.

9. Learned Additional Government Pleader for respondent No.1 and learned counsel for respondent No.2 submitted that