Shantinath Ramchandra Kasar And Other v. The State Of Maharashtra And Others

( 1 ) 941,942-wp482,483

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 941 WRIT PETITION NO.482 OF 2020 SHANTINATH RAMCHANDRA KASAR AND OTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Murge Estling S AGP for Respondents: P.G.Borade ...

942 WRIT PETITION NO.483 OF 2020 ANIL PANDURANG KALE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Murge Estling S AGP for Respondents: S.P.Tiwari ...

CORAM : S.V.GANGAPURWALA & MANGESH S. PATIL, JJ.

DATE : 09.01.2020 P.C. :- It is submitted that the petitioners in these Writ Petitions are awarded certificate of excellent work and advance increments in the year 2006 to 2008. They were given benefit of advance increments and same was also paid. However, now for some of the petitioners recovery is claimed and for some of the petitioners benefit is not extended. If the petitioners are already granted certificate of excellent work in the year 2006, 2007, 2008, then same cannot be withdrawn retrospectively on the basis of subsequent Government

( 2 ) 941,942-wp482,483 Resolution.

2] The same view was taken by us in Writ Petition No.1954 of 2018 with other connected Writ Petitions under order dated 25/01/2019. 3] The Government Resolution dated 24/08/2017 will have prospective effect and not retrospective and in that case benefit that was accorded to petitioners of excellent work in the year 2006, 2007 and 2008, shall not be withdrawn and if any recovery is made pursuant to the same, same shall be refunded to the petitioners.

4] In the light of the above, Writ Petitions are disposed of. No costs. [MANGESH S. PATIL, J.] [S.V.GANGAPURWALA,J.] umg/