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Bombay High CourtWP/10950/2018disposed offdismissed for default

Ashok Buta Baviskar v. The State Of Maharashtra And Others

2019-04-01Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Arun M. Dhavale2 pages

1 59WP10950.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

WRIT PETITION NO. 10950 OF 2018 Ashok Buta Baviskar .... Petitioner

Versus

The State of Maharashtra & Anr.

..... Respondents ..

Shri. D. R. Irale Patil, Advocate for the petitioner Shri. S. P. Tiwari, AGP for respondent/State Shri. S. S. Deve, Advocate for respondent No. 5 Shri. S. B. Ghute, Advocate for respondent No. 7 ..

CORAM : S. V. GANGAPURWALA AND A. M. DHAVALE, JJ.

DATE : 1ST APRIL, 2019 ORAL ORDER:

1.

The petitioner claims to have been awarded the certificate of excellent work in 2010 and 2011 and advance increment was also sanctioned but, subsequently the same was not given. 2.

Shri. Irale Patil, the learned counsel for the petitioner and Shri. Ghute, learned counsel for respondent No. 7 so also the learned Assistant Government Pleader submit that the petitioner would be governed by the order dt. 20.03.2019 passed in Writ Petition No. 3238 of 2018 and connected writ petition.

2 59WP10950.2018 3.

In view of the above, we adopt the same course. 4.

The benefit of certificate of excellent work given in the year 2010 and 2011 could not have been withdrawn retrospectively on the basis of the subsequent Government Resolution. 5.

The petitioner shall be entitled for the advance increment on account of excellent work pursuant to the certificate given to him in the year 2010 and 2011.

6.

The Writ Petition is accordingly disposed of. No costs. [ A. M. DHAVALE ] [ S. V. GANGAPURWALA ] JUDGE JUDGE Punde