Sampat Vithoba Kashid And Others v. The State Of Maharashtra Through Secretary And Others

1 913-WP-11848-2019 & Anr.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.11848 OF 2019 VIKAS ATMARAM KAKADE AND OTHERS ...PETITIONERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...RESPONDENTS Mr. S.B. Sontakke, Advocate for Petitioners Mr. S.K. Tambe, AGP for Respondents-State Mr. S.B. Ghute, Advocate for Respondent Nos. 2 and 3 AND WRIT PETITION NO.11882 OF 2019 SAMPAT VITHOBA KASHID AND OTHERS ...PETITIONERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...RESPONDENTS Mr. S.B. Sontakke, Advocate for Petitioners Mr. S.N. Morampalle, AGP for Respondents-State Mr. S.B. Ghute, Advocate for Respondent Nos. 2 and 3 CORAM : S.V. GANGAPURWALA AND ANIL S. KILOR, JJ.

DATE : 26th SEPTEMBER, 2019 ORAL ORDER:

1.

It is submitted that, petitioners in these writ petitions are awarded certificate of excellent work and advance increments in the

2 913-WP-11848-2019 & Anr. 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 If the petitioners are already granted certificate of excellent work in the year 2006 to 2009, then same cannot be withdrawn retrospectively on the basis of subsequent Government Resolution.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.

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and in that case benefit that was accorded to petitioners of excellent work in the year 2006 to 2009, shall not be withdrawn and if any recovery is made pursuant to the same, same shall be refunded to the petitioners. 4.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, the writ petitions are disposed of. No costs.

[ ANIL S.KILOR ] [ S.V.GANGAPURWALA ] JUDGE JUDGE mta