Bombay High CourtWP/10995/2019disposed offdismissed for default

Bhalchandra Shentadu Thakre And Others v. The State Of Maharashtra And Others

2019-09-05Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Anil S. Kilor5 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10993 OF 2019 Raghunath Dhondiba Hanumante Mrs. A. V. Gondhalekar, Addl.G.P. for Respondent Nos. 1 and 2. WRIT PETITION NO. 10995 OF 2019 Bhalchandra Shentadu Thakre Shri S. B. Nanoade, A.G.P. for Respondent Nos. 1 to 3. WRIT PETITION NO. 11000 OF 2019 Pramod Ramdas Bendale Mrs. A. V. Gondhalekar, Addl.G.P. for Respondent Nos. 1 and 2. WRIT PETITION NO. 11004 OF 2019

2 wp 10993.19 Sunil Shriramji Raut and others Shri S. G. Karlekar, A.G.P. for Respondent Nos. 1 to 3. WRIT PETITION NO. 11006 OF 2019 Bhikaji Govind Joshi and others Shri V. M. Kagane, A.G.P. for Respondent Nos. 1 to 4. WRIT PETITION NO. 11010 OF 2019 Bandu Vasudev Sonar and others Mrs. Geeta L. Deshpande, A.G.P. for Respondent Nos. 1 to 4. WRIT PETITION NO. 11011 OF 2019 Rushiprasad Ramchandra Khandelwal

3 wp 10993.19 Mrs. A. V. Gondhalekar, A.G.P. for Respondent Nos. 1 and 2. WRIT PETITION NO. 11026 OF 2019 Virbhadra Ganpat Idge and others Mrs. Geeta L. Deshpande, A.G.P. for Respondent Nos. 1 to 4. WRIT PETITION NO. 11032 OF 2019 Ravindra Raghunath Mahajan Shri K. B. Jadhavar, A.G.P. for Respondent Nos. 1 to 4 WRIT PETITION NO. 11042 OF 2019 Ashok Rangnath Bhale and others Shri V. M. Kagane, A.G.P. for Respondent Nos. 1 to 3. WRIT PETITION NO. 11048 OF 2019 Sudhir Yashwant Deshpande

4 wp 10993.19 Shri S. B. Nanoade, A.G.P. for Respondent Nos. 1 to 3. CORAM : S. V. GANGAPURWALA AND ANIL S. KILOR, JJ.

DATE : 05TH SEPTEMBER, 2019.

FINAL ORDER :

The learned counsel for petitioners and the learned Additional/Assistant Government Pleaders in respective writ petitions are at consensus that the petitioners are similarly situated as the petitioners in Writ Petition No. 12699 of 2018 with with other connected Writ Petitions decided vide order dated 03.04.2019.

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

5 wp 10993.19 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 if benefit was accorded to petitioners of excellent work in the year 2006, 2007 and 2008, shall not 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.

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