Vikrant Ashwinkumar Trivedi And Others v. The State Of Maharashtra And Others

(1) 958-wp-1101-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 958 WRIT PETITION NO.1101 OF 2020 VIKRANT ASHWINKUMAR TRIVEDI AND OTHERS ..PETITIONERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS ...

Mrs. Savita G. Mapari and Mr. Gajanan P. Mapari, Advocates for the Petitioners.

Mr. S. P. Tiwari, AGP for Respondents-State.

Mr. R. D. Raut, Advocate for Respondent No.4. ...

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

DATED : 16th JANUARY, 2020.

PER COURT:- 1.

Leave to amend and add party-respondents at the request of learned counsel for petitioners. 2.

The learned A.G.P. accepts notice for respondent nos.1 to 3. Mr. Raut, learned counsel accepts notice for respondent no.4 and added respondents.

3.

It is submitted that, petitioners in this Writ petition 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

(2) 958-wp-1101-2020 the petitioners benefit is not extended. If the petitioners are already granted certificate of excellent work in the year 2006, 2007 and 2008, then same cannot be withdrawn retrospectively on the basis of subsequent Government Resolution. 4.

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.

5.

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in that case benefit that was accorded to petitioners of excellent work in the year 2006, 2007 and 2008, shall not be withdrawn and if any recovery is made pursuant to the same, same shall be refunded to the petitioners.

6.

In the light of the above, Writ Petition is disposed of. No costs.

(MANGESH S. PATIL) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/January-2020