Ashok Vitthal Udawant And Others v. The State Of Mahrashtra And Others

{1} wp12124.19.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12124 OF 2019 Mr. Ashok Vitthal Udawant & others Petitioners

Versus

The State of Maharashtra & others Respondents Mr. S.S. Dhongade Upadhyaya, Advocate for the petitioners. Mr. K.B. Jadhavar, AGP for respondents no. 1 and 2. CORAM : S.V.GANGAPURWALA & ANIL S. KILOR, JJ.

DATE : 07th October, 2019.

PER COURT :

1.

The learned counsel for petitioners and the learned Assistant Government Pleader are at consensus that the petitioners are similarly situated as the petitioners in Writ Petition no. 12699 of 2018 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 the instant petition 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

{2} wp12124.19.odt 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the petitioners are already granted certificate of excellent work in the year 2006, 2007 and 2008, the same cannot be withdrawn retrospectively on the basis of subsequent Government Resolution.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 24.08.2017 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and if benefit was accorded to petitioners of excellent work in the year 2006, 2007 and 2008, shall not be withdrawn and if any recovery is made pursuant to the same, same shall be refunded to the petitioners.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 petition is disposed of. No costs.

(ANIL S. KILOR) (S.V.GANGAPURWALA) JUDGE JUDGE dyb/