Shesherao Madhavrao Pune v. The State Of Maharashtra And Others

969&1007

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 969 WRIT PETITION NO.450 OF 2021 DILIP JANARDHAN BAHEGAVANKAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS AND 1007 WRIT PETITION NO.490 OF 2021 SHESHERAO MADHAVRAO PUNE

VERSUS

THE STATE OF MAHARASHTRA AD OTHERS ...

Advocate for Petitioner : Mr Pratap G Rodge And Krisha P Rodge AGP for Respondents State: Mrs. P. V. Diggikar Advocate for Respondents 2 & 3 : Mr. P D. Suryawanshi

CORAM

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

DATE : 13th January, 2021 ORDER:

1.

It is submitted that petitioners in this Writ Petition are awarded certificate of excellent work and advance increments in the year 2010. 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 If the petitioners are already granted certificates of excellent work in the year 2010, then same cannot be withdrawn retrospectively on the basis of subsequent Government Resolution.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

969&1007 accorded to petitioners of excellent work in the year 2010, shall not be withdrawn and if any recovery is made pursuant to the same, same shall be refunded to the petitioners.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. (SHRIKANT D. KULKARNI, J.) (S.V.GANGAPURWALA, J.) JPC