Jivan Shravan Kamble And Others v. The State Of Maharashtra And Another

950&960

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 950 WRIT PETITION NO.431 OF 2021 JIVAN SHRAVAN KAMBLE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER WITH 960 WRIT PETITION NO.441 OF 2021 HANMANT SITARAM ROKDE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. Murge Estling S AGP for Respondents State: Mrs V. S.Chaudhary Advocate for Respondent No.2 : Mr S. B. Pulkundwar

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 2006 to 2008. 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 If the petitioners are already granted certificates of excellent work in the year 2006 to 2008, then same cannot be withdrawn retrospectively on the basis of subsequent Government Resolution.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

950&960 accorded to petitioners of excellent work in the year 2006,007 and 2008, shall not be withdrawn and if any recovery is made pursuant to the same, same shall be refunded to the petitioners.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