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VIBHA KANKANWADI, KISHORE C. SANT, ARUN R. PEDNEKER
Baburao, S/o. Mohanrao Bawane – Appellant
Versus
State of Maharashtra, Through its Secretary, Rural Development & Water Conservation Department – Respondent
JUDGMENT :
(Kishore C. Sant, J.) :
01. A reference being made by a Division Bench of this Court on the following issues of law by an order dated 17.10.2023, this Full Bench is constituted by the Hon’ble Chief Justice.
(b) Considering Clause 12 of the Government Circular dated 12/12/2000, whether the view taken in Sarjerao Shamrao Gadade (supra) and Waseem Farhat Khalil Farhat (supra), can be said to lay down the correct position of law?”
02. The above questions were formulated as the Division Bench noticed contradictory views of two Division Benches in Ganesh Mohan Bagul & Ors. Vs. The State of Maharashtra & Ors. in WP No.15209 of 2019 decided on 24.08.2022 (Aurangabad Bench) and in Waseem Farhat Khalil Farhat & Ors. Vs. State of Maharashtra & Ors., in Writ Petition No. 94 of 2021 decided on 24.01.2023 [Nagpur Bench].
03. The conflict in the views expressed in these two decisions is in regard to the effect
The court established that the deletion of the advance increment provision in the Government Circular was valid and did not apply retrospectively to teachers not awarded before the change.
Only recipients of awards prior to the deletion of Clause 12 in the Government Circular are entitled to advance increments, emphasizing that formal approval is required for entitlement.
The main legal point established in the judgment is that the schemes for grant of advance increment to employees with certificate of excellent work and District Awardee Teachers were withdrawn by the....
The retroactive application of circulars affecting employment engagement is impermissible without explicit legislative intent, ensuring the rights of the engaged party are preserved unless dissolved ....
Government policies on educational benefits must not retrospectively deprive employees of accrued rights, ensuring equal treatment under Articles 14 and 16, reinforcing the principle of vested rights....
The central legal point established in the judgment is the entitlement of teachers promoted as Primary School Headmasters after 01.06.1988 to the financial benefits of Selection Grade and Special Gra....
The main legal point established in the judgment is that a teacher is entitled to get two incentive increments in his entire service and that the grant of third incentive increment is impermissible.
Appellants are not justified in contending that M.Ed. degree cannot be relied upon by first respondent for claiming increment - Thus first respondent is entitled for payment of incentive increment fo....
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