Raghuvir Dattatray Awachat v. The State Of Maharashtra And Others
1 wp 6789.2020+
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 903 WRIT PETITION NO.6789 OF 2020 SANJAY RAMCHANDRA PATIL AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS Advocate for Petitioners: Mr. Mathpati Shivkumar K AGP for Respondents/State: Mr. S. G. Karlekar Advocate for Respondent No. 4: Mr. A. D. Aghav 906 WRIT PETITION NO.97 OF 2021 RAGHUVIR DATTATRAY AWACHAT
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS AGP for Respondents/State: Mr. S. G. Karlekar Advocate for Respondents No. 4 & 5:
Mr. A. D. Aghav 935 WRIT PETITION NO.2541 OF 2021 ASHOK SHIVRAM CHAUDHARI
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS AGP for Respondents/State: Mr. P. K. Lakhotiya Advocate for Respondents No. 4 to 6:
Mr. A. D. Aghav 943 WRIT PETITION NO.2549 OF 2021 VISHWANATH BASAPPA MASHALKAR
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS AGP for Respondents/State: Mr. S. K. Tambe
2 wp 6789.2020+ 946 WRIT PETITION NO.2552 OF 2021 DILIP GOVIND KADAM AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS Advocate for Petitioners: Mr. S K Mathpati AGP for Respondents/State: Mr. S. R. Yadav Lonikar Advocate for Respondent No.5: Mr. P. R. Tandale 952 WRIT PETITION NO.2558 OF 2021 ANGAD DNYANOBA SONAWANE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS Advocate for Petitioners: Mr. S K Mathpati AGP for Respondents/State: Mr. S. G. Karlekar Advocate for Respondent No. 4:
Mr. P. D. Suryawanshi 953 WRIT PETITION NO.2559 OF 2021 KAMLAKAR CHANGDEO KHARAT AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS Advocate for Petitioners: Mr. Mathpati Shivkumar K AGP for Respondents/State: Mr. K. N. Lokhande Advocate for Respondents No. 5&6: Mr. S. B. Ghute 954 WRIT PETITION NO.2560 OF 2021 MAHOMMAD MAHEDI ABDUL SALIM HIPPARGE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS AGP for Respondents/State: Mr. S. R. Yadav Lonikar 960 WRIT PETITION NO.2566 OF 2021 GORAKH ANNASAHEB RAKH
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
3 wp 6789.2020+ AGP for Respondents/State: Mr. S. K. Tambe Advocate for Respondents No. 5&6:
Mr. P. D. Suryawanshi CORAM:S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.
DATE: 09th FEBRUARY, 2021 PER COURT:
1.
It is submitted that petitioners in these writ petitions 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.
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.
4 wp 6789.2020+ 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 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.
[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.] marathe