Ramhari Venkatrao Mantri v. The State Of Maharashtra And Others

(1) 14-wp-2124-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 14 WRIT PETITION NO.2124 OF 2020 RAMHARI VENKATRAO MANTRI ..PETITIONER

VERSUS

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

Mr. D. R. Irale Patil, Advocate for the Petitioner. Mr. S. B. Yawalkar, AGP for Respondents-State. Mr. V. M. Chate, Advocate for Respondent Nos.2 and 3.

...

CORAM : S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATED : 04th FEBRUARY, 2020.

PER COURT:- 1.

It is submitted that, petitioner is awarded certificate of excellent work and advance increments in the year 2007 and 2009. He was 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If the petitioners are already granted certificate of excellent work in the year 2007 and 2009, then the same cannot be withdrawn retrospectively on the basis of subsequent Government Resolution.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.

(2) 14-wp-2124-2020 3.

The Government Resolution dated 24.08.2017 will have prospective effect and not retrospective and in that case benefit that was accorded to petitioner of excellent work in the year 2007 and 2009 shall not be withdrawn and if any recovery is made pursuant to the same, same shall be refunded to the petitioner.

4.

In the light of the above, writ petition is disposed of. No costs.

(SHRIKANT D. KULKARNI) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/February-2020