Balkrishna Vyankatrao Tambare And Others v. The State Of Maharashtra And Another
{1} drp
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.14797 OF 2017 Ganpat Vitthal Dapute and Others PETITIONERS
VERSUS
The State of Maharashtra and Others RESPONDENTS .......
Mr. Estling S. Murge, Advocate for the petitioners Mr. G. O. Wattamwar, AGP for respondent - State Mrs. Manjushri Shendge-Narwade, Adv. for respondents No.2 & 3 .......
WITH WRIT PETITION NO.14898 OF 2017 Balkrishna Vyakatrao Tambare and Others PETITIONERS
VERSUS
The State of Maharashtra and Others RESPONDENTS .......
Mr. Estling S. Murge, Advocate for the petitioners Mr. G. O. Wattamwar, AGP for respondent - State Mr. R. D. Raut, Advocate for respondent No.2 .......
[CORAM : SUNIL P. DESHMUKH AND S. M. GAVHANE, JJ.] DATE : 11 th JUNE, 2019 ORDER :
1.
Heard learned advocates for the parties.
2.
Learned advocate for the petitioners draws our attention to an order dated 3rd April, 2019 submitting that benefit of advance
{2} increments granted to the petitioners on account of excellent work in the years 2006 to 2008 is being sought to be withdrawn. Petitioners were given benefit of advance increments and were also paid accordingly. The amounts received by the petitioners on account of advance increments is sought to be recovered with reference to Government Resolution dated 24th August, 2017. 3.
Learned advocate for the petitioners also draws attention to that this court has declared that said government resolution dated 24th August, 2017 will have prospective effect and not retrospective. While benefit of advance increment was accorded to the petitioners for excellent work in the years 2006, 2007 and 2008, the same is not liable to be withdrawn pursuant to government resolution dated 24th August, 2017 and recovery made pursuant to the same needs to be refunded to the petitioners. For said purpose, learned advocate for the petitioners refers to order dated 3rd April, 2019 in writ petition No. 12699 of 2018 and companion matters.
4.
Perusal of the order lends substance to the submissions advanced on behalf of the petitioners and further shows that a similar view had been taken in writ petition No. 1954 of 2018 with other connected writ petitions under order dated 25th
{3} January, 2019.
5.
In view of aforesaid, we deem it appropriate to give similar treatment to present writ petitions.
6.
As such, while the petitioners have already been granted certificates of excellence in the years 2006, 2007 and 2008 and have been granted and have received benefit of advance increments as per policy of the government prevailing at that time, the same would not be withdrawn on the basis of subsequent government resolution dated 24th August, 2017. Recovery, if any, made pursuant to government resolution dated 24th August, 2017 from the petitioners shall be refunded to them.
6.
Writ petitions accordingly stand disposed of with no order as to costs. It is hoped that the amounts, if any, recovered from the petitioners would be refunded as early as possible, preferably within a period of four months from the date of this order.
[S. M. GAVHANE] [SUNIL P. DESHMUKH] JUDGE JUDGE drp/wp14797-17