Dattatraya Vitthal Choure And Others v. The State Of Mahrashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 19 WRIT PETITION NO.11672 OF 2019 DATTATRAYA VITTHAL CHOURE AND OTHERS

VERSUS

THE STATE OF MAHRASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. Ghute Suhas B. AGP for Respondents State: Mr. S. B. Pulkindwar Advocate for Respondent No.5 : Mr S S Renge (Doke)

CORAM

: S. V. GANGAPURWALA & ANIL S. KILOR, JJ.

DATE : 24th September, 2019 ORDER:

1.

It is submitted that petitioners in this Writ Petition are awarded certificate of excellent work and advance increments in the 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the petitioners are already granted certificate / order of excellent work in the year 2006 to 2009, then same cannot be withdrawn retrospectively on the basis of subsequent Government Resolution.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and in that case benefit that was accorded to petitioners of excellent work in the year 2006 to 2009, shall not be withdrawn and if any recovery is made pursuant to the same, same shall be refunded to the petitioners.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 light of the above, Writ Petition is disposed of. No costs.

(ANIL S. KILOR, J.) (S.V.GANGAPURWALA, J.) JPC