Dayanand Trimbak Darade And Others v. The State Of Maharashtra And Others

1 wp 9330.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9330 OF 2019 DAYANAND TRIMBAK DARADE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners :

Mr. V. V. Ingale h/f Mr. Bhosale Sanjaykumar B. AGP for Respondents No. 1 to 5 :

Mr. K. B. Jadhavar Advocate for Respondents No. 6 to 8 :

Mr. R. D. Raut ...

CORAM: S. V. GANGAPURWALA & ANIL S. KILOR, JJ.

DATE:

rd SEPTEMBER, 2019 PER COURT:

1.

It is submitted that, petitioners in this writ petition are awarded certificates of excellent work and advance increments in the year 2006 and 2007. 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 2006 and

2 wp 9330.19 2007, then same cannot be withdrawn retrospectively on the basis of subsequent Government Resolution.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and in that case benefit that was accorded to petitioners of excellent work in the year 2006 and 2007, shall not be withdrawn and if any recovery is made pursuant to the same, same shall be refunded to the petitioners.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 above, writ petition is disposed of. No costs.

[ANIL S. KILOR, J.] [S. V. GANGAPURWALA, J.] marathe