Kailas Devidas Patil And Others v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2120 OF 2021 Gangadhar Housaji Ganlewar and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents WITH WRIT PETITION NO. 2121 OF 2021 Vishwanath Wamanrao Tandale and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents WITH WRIT PETITION NO. 2122 OF 2021 Shaikh Akbar Shaikh Yasin and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents WITH WRIT PETITION NO. 2123 OF 2021 Sopan Haribhau Thombare .. Petitioner

Versus

The State of Maharashtra and others .. Respondents WITH WRIT PETITION NO. 2124 OF 2021 Vinod Narayan Deore and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents

2 965-wp 2120-2021.odt WITH WRIT PETITION NO. 2125 OF 2021 Kailas Devidas Patil and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents WITH WRIT PETITION NO. 2126 OF 2021 Jagdish Ghanshyam Navale and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents WITH WRIT PETITION NO. 2127 OF 2021 Subhash Shankar Harkal and others .. Petitioners

Versus

The State of Maharashtra and another .. Respondents Mr. Sandeep B. Sontakke, Advocate for the Petitioners in all matters. Mrs. P. V. Diggikar, AGP for Respondents-State in all matters. CORAM :

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

DATED : 03rd February, 2021.

PER COURT:- .

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

3 965-wp 2120-2021.odt petitioners are already granted certificate of excellent work in the year 2006 to 2009, then same cannot be withdrawn retrospectively on the basis of subsequent Government Resolution.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 24.08.2017 will have prospective effect and not retrospective and in that case benefit that was accorded to petitioners of excellent work in the year 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, the writ petitions are disposed of. No costs.

( SHRIKANT D. KULKARNI ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.