Bombay High CourtWP/9930/2019disposed offdismissed for default

Sopan Dhondji Pawar And Others v. The State Of Maharashtra And Others

2019-08-08Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Mangesh S. Patil3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 WRIT PETITION NO.9930 OF 2019 SOPAN DHONDJI PAWAR AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Sontakke Sandeep B AGP for Respondents: S.B.Yawalkar ....

WITH 946 WRIT PETITION NO.9941 OF 2019 LAXMIKANT RAGHUNATHRAO APSINGEKAR AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Sontakke Sandeep B AGP for Respondents: S.B.Yawalkar ...

WITH 954 WRIT PETITION NO.9950 OF 2019 PADMAKAR RAMBHAU AMBODKAR AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Sontakke Sandeep B AGP for Respondents: S.B.Yawalkar ----- CORAM : S.V.GANGAPURWALA & MANGESH S. PATIL, JJ.

DATE : 08/08/2019 PER COURT :

The learned counsel for petitioners and the learned AGP are at

consensus that the petitioners are similarly situated as the petitioner in Writ Petition No.12699/18 with connected Writ Petitions decided vide order dated 3/4/2019.

2] In view of that, we follow the same course and pass the following order :

I] It is submitted that, petitioners in these Writ Petitions 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the petitioners are already granted certificate of excellent work in the year 2006, 2007 and 2008, the same cannot be withdrawn retrospectively on the basis of subsequent Government Resolution.

II] 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.

III] The Government Resolution dated 24/8/2017 will have prospective effect and not retrospective and in that benefit that was accorded to petitioners of excellent work in the year 2006, 2007 and 2008, shall be withdrawn and if any recovery is made pursuant to the same, same shall be refunded to the petitioners.

3] In the light of the above, Writ Petitions are disposed of. No costs.

(MANGESH S. PATIL,J.) (S.V.GANGAPURWALA,J.) umg/