Prakash Anantrao Joshi v. The State Of Maharashtra And Others

82-wp.4446-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 82 WRIT PETITION NO.4446 OF 2019 PRAKASH ANANTRAO JOSHI

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. S.K.Mathpati, Advocate for Petitioner.

Mr. P.K.Lakhotiya, AGP for Respondents-State. Mr. P.R.Nangare, Advocate for Respodnent Nos.7 & 8. ...

CORAM :

S.V. GANGAPURWALA AND MANGESH S. PATIL, JJ.

DATE :

2nd July, 2019 PER COURT :- 1.

It is submitted that petitioner in this Writ Petition is District Awardee Teacher and advance increments in the year 2006 to 2009. He was given benefit of advance increments and same was also paid. If the petitioner is District Awardee Teacher in the year 2006 to 2009, then same cannot be withdrawn retrospectively on the basis of subsequent Government Resolution.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.

82-wp.4446-19.odt 3.

The Government Resolution dated 04.09.2018 will have prospective effect and not retrospective and in that case benefit that was District Awardee Teacher in the year 2006 to 2009, shall not be withdrawn and if any recovery is made pursuant to the same, same shall be refunded to the petitioners.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 light of the above, Writ Petition is disposed of. No costs.

(MANGESH S. PATIL, J.) (S.V. GANGAPURWALA, J.) ...

vmk/-