Baban Bhaurao Borude And Others v. The State Of Maharashtra Through Principal Secretary And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9433 OF 2019 Baban Bhaurao Borude and others .. Petitioners

Versus

The State of Maharashtra, through Principal Secretary and others .. Respondents Shri Shivkumar K. Mathpati, Advocate for Petitioners. Shri P. M. Kulkarni, A.G.P. for Respondent Nos. 1 to 4. Shri P. P. Dama, Advocate for Respondent Nos. 5 and 6. CORAM : S. V. GANGAPURWALA AND ANIL S. KILOR, JJ.

DATE : 25TH SEPTEMBER, 2019.

FINAL ORDER :

.

It is submitted that petitioners in this writ petition 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the petitioners are already granted certificate / order of excellent work in the year 2006 to 2009, then same cannot be withdrawn retrospectively on the basis of subsequent Government Resolution.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and in that case benefit that was accorded to petitioners of excellent work in the year 2006 to 2009, shall not be withdrawn and if any recover is made pursuant to the same, same shall be refunded to the petitioners.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.

[ANIL S. KILOR, J.] [S. V. GANGAPURWALA, J.] bsb/Sept. 19