Prakash Madhukar Shahane And Others v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 WRIT PETITION NO. 8707 OF 2019 PRAKASH MADHUKAR SHAHANE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Advocate for Petitioners : Mr. E. S. Murge.

AGP for Respondents/State : Mr. P. G. Borade. Advocate for respondent Nos. 2 & 3 : Mr. P. P. Dama. WITH 983 WRIT PETITION NO. 8780 OF 2019 RAMRAO MANIKRAO NIKAM AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS Advocate for Petitioners : Mr. E. S. Murge.

AGP for Respondents/State : Mr. P. G. Borade. CORAM :

S. V. GANGAPURWALA & MANGESH S. PATIL, JJ DATED : 18th JULY, 2019.

PER COURT:- 1.

It is submitted that, petitioner in these Writ Petitions are awarded certificate of excellent work and advance increments in the year 2007 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If the petitioners are already granted certificate of excellent work in the year 2007, 2008 & 2009, then same cannot be withdrawn retrospectively on the basis of subsequent

2 914-WP8707-19+.doc 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and in that case benefit that was accorded to petitioners of excellent work in the year 2007, 2008 & 2009, shall not be withdrawn and if any recovery is made pursuant to the same, same shall be refunded to the petitioners.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, Writ Petitions are disposed of. No costs. ( MANGESH S. PATIL ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.