Deorao Kaduba Sakhale v. The State Of Maharashtra And Others

74&83 wp7284.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 74 WRIT PETITION NO.7284 OF 2019 DEORAO KADUBA SAKHALE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Salgare Vitthal G.

AGP for Respondents: G.O.Wattamwar ...

WITH 83 WRIT PETITION NO.7293 OF 2019 TRIMBAK ANANDA DAFAL

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Salgare Vitthal G. AGP for Respondents: S.P.Deshmukh ----- CORAM : S.V.GANGAPURWALA & MANGESH S. PATIL, JJ.

DATE : 18/06/2019 PER COURT :

It is submitted that, petitioners in these Writ Petitions are awarded certificate of excellent work and advance increment in the year 2007. They were given benefit of advance increment 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 If the petitioners are already granted certificate of excellent work in the year 2007, then same cannot be withdrawn retrospectively on the basis of subsequent Government Resolution.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

74&83 wp7284.19 2018 with other connected Writ Petitions under order dated 25.01.2019.

3] 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retrospective and in that case benefit that was accorded to petitioners of excellent work in the year 2007 shall not be withdrawn and if any recovery is made pursuant to the same, same shall be refunded to the petitioners.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 Petitions are disposed of. No costs. (MANGESH S. PATIL,J.) (S.V.GANGAPURWALA,J.) umg/