Sunita Onkarrao Karande And Another v. The State Of Maharashtra Through Its Principal Secretary And Others

(913, 931,952, 960) WP-3600-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.3600 OF 2020 Ananda Baliram Kumbhargave and ors.

.. Petitioners

Versus

The State of Maharashtra and ors.

.. Respondents Mr S.K. Mathpati, Advocate for petitioners Mrs V.N. Patil, A.G.P. for respondent-State - AND - WRIT PETITION NO.3629 OF 2020 Prashant Ramkishna Hiwarde and ors.

.. Petitioners

Versus

The State of Maharashtra and ors.

.. Respondents Mr S.K. Mathpati, Advocate for petitioners Mr P.S. Patil, Addl.G.P. for respondent-State WRIT PETITION NO.3661 OF 2020 Sunita Onkarrao Karande and anr.

..Petitioners

Versus

The State of Maharashtra and ors.

.. Respondents Mr S.K. Mathpati, Advocate for petitioners Mrs V.S. Choudhary, A.G.P. for respondent-State WRIT PETITION NO.3670 OF 2020 Padmakar Suryakant Parsewar and ors.

.. Petitioners

Versus

The State of Maharashtra and ors.

.. Respondents Mr S.K. Mathpati, Advocate for petitioners Mrs M.A. Deshpande, Addl.G.P. for respondent-State Mr P.R. Tandale, Advocate for respondent - Zilla Parishad, Latur CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 5th March 2020

(913, 931,952, 960) WP-3600-2020 ORAL ORDER :

1.

It is submitted that petitioners in these Writ Petitions are awarded certificate of excellent work and advance increments in the year 2006 to 2009. 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the petitioners are already granted certificate/order of excellent work in the year 2006 to 2009, then same cannot be withdrawn retrospectively on the basis of subsequent Government Resolution.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. 3.

The Government Resolution dated 24.8.2017 will have prospective effect and not retrospective and in that case benefit that was accorded to petitioners of excellent work in the year 2006 to 2009, shall not be withdrawn and if any recovery is made pursuant to the same, same shall be refunded to the petitioners.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. ( SHRIKANT D. KULKARNI, J.) ( S.V. GANGAPURWALA, J.) vvr