Goraksh Namdeo Patare And Others v. The State Of Maharashtra And Others

{1} wp6554.19.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6554 OF 2019 Goraksh s/o Namdeo Patare & others Petitioners

Versus

The State of Maharashtra & others Respondents Mr. E.S. Murge, advocate for petitioners.

Mr. K.B.Jadhavar, AGP for Respondents No.1.

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

DATE : 10th June, 2019 PER COURT:

It is submitted that petitioners herein 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 from some of the petitioners, recovery is claimed and to some of the petitioners benefit is not extended.

If the petitioners are already granted certificate of excellent work in the years 2006, 2007 and 2008, then same cannot be withdrawn retrospectively on the basis of subsequent Government Resolution.

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} wp6554.19.odt The Government Resolution dated 24.08.2017 will have prospective effect and not retrospective and in that case, the benefit, that was accorded to petitioners of excellent work in the years 2006, 2007 and 2008, shall not be withdrawn and if any recovery is made pursuant to the same, same shall be refunded to the petitioners.

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

MANGESH S. PATIL S.V.GANGAPURWALA JUDGE JUDGE adb/