IMPORTANT POINT
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.

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.

“(a) Whether the view taken in Ganesh Mohan Bagul (supra) lays down the correct position of law in the light of the language used in Clause 12 of the Government Circular dated 12/12/2000, considering the Government Resolution dated 04/09/2018, which discontinues the monetary benefits?

(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 of deletion of Clause 12 of the Government Circular dated 12.12.2000 and 04.09.2018 deleting said clause. To appreciate the issues as involved in the proceedings, the relevant facts are required to be stated, which are as follows :-

04. The Government in its Circular dated 12.12.2000 notified its decision to grant “one advance increment” to a Zilla Parishad teacher, receiving “the best teacher award” at the district level. The scheme to confer an award, namely “the national teacher award” is being implemented since 1958-59, through the School Education Department. A scheme to grant award at the State level is also being implemented through the School Education, Higher Education and Technical Education Departments since 1962-63; whereas the scheme to confer an award at the “district level” is being implemented by Zilla Parishads. The expenses being incurred to hold award ceremony at the district level are also borne by the concerned Zilla Parisahad. It is stated that such awards are given to the teachers on the basis of recommendations, which are made by the Head Master and the Block Development Officer. Its one of the concerns while making such recommendations, is that no care is taken to verify as to whether, any offence is registered or pending against such a person. The circular in question was therefore, issued to provide for certain guidelines. As per Clause 10 of the circular, Commissioner is to grant approval by verifying that said teacher is not involved in any offence or in any corruption case and no departmental enquiry is pending or proposed against him/her. Clause 12 is material to consider this reference, which provides that a teacher who is conferred the best teacher award at the district level, should be given one advance increment in addition to regular increment. If the teacher has reached the level of stagnation, it is provided that such teacher, as a one time measure, be given 24 times the amount of earlier increment, before achieving stagnation. The awards are to be given on the Teachers’ Day i.e. 5th September.

05. We note the relevant portion of Clause 12, which reads as follows (official translation):-

“12. Awarded teachers should be given an advance salary increment. The date of increment will not be changed and regular increment (annual) will continue to be admissible to them. Teachers who have reached the upper limit of pay scale will be admissible an amount of twenty four times the increase in pay of pay scale of the upper limit of their pay scale and it should be in lump sum. The final implementation of this award is at the District Level.

The final execution of this award should be on Teachers’ Day on 5th September every year with the consent of the Divisional Commissioner. There is no need to send the proposal to the gover