Sheshrao Sahebrao Nakhate And Others v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 16 WRIT PETITION NO. 6958 OF 2020 SHESHRAO SAHEBRAO NAKHATE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners: Mr. Irale Patil D. R. AGP for Respondent No. 1: Mr. S. G. Karlekar Advocate for Respondents No. 2 to 4:

Mr. V. M. Chate ...

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

DATE: 16th OCTOBER, 2020 PER COURT:

1.

It is submitted that, petitioners are awarded certificate of excellent work and advance increments from the year 2004 to 2012. 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petitioners are already granted certificate of excellent work between the year 2004 to 2012, then the same cannot be withdrawn retrospectively on the basis of subsequent Government Resolution.

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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 24.08.2017 will have prospective effect and not retrospective and in that case benefit that was accorded to petitioners of excellent work between the year 2004 to 2012 shall not be withdrawn and if any recovery is made pursuant to the same, same shall be refunded to the petitioners.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 petition is disposed of. No costs.

[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.] marathe