Vishnu Sakharam Malkar v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

(1) WRIT PETITION NO.12234 OF 2019 Vishnu s/o Sakharam Malkar Petitioner

Versus

The State of Maharashtra & others Respondents Mr.V.G.Salgare, advocate for the petitioner. Mr.S.G.Karlekar, AGP for Respondents No.1 to 3. WITH

(2) WRIT PETITION NO.12243 OF 2019 Bhaskar s/o Tulshiram Pandit Petitioner

Versus

The State of Maharashtra & others Respondents Mr.V.G.Salgare, advocate for the petitioner. Mr.P.S.Patil, AGP for Respondents No.1 to 3.

WITH

(3) WRIT PETITION NO.12250 OF 2019 Tatyarao Bhivaji Pawar Petitioner

Versus

The State of Maharashtra & others Respondents Mr.V.G.Salgare, advocate for the petitioner. Mr.S.B.Narwade, AGP for Respondents No.1 to 3.

{2} CORAM : S.V.GANGAPURWALA & ANIL S. KILOR, JJ.

DATE : 07th October, 2019 PER COURT:

It is submitted that petitioners in these Writ Petitions are awarded certificate of excellent work and advance increments in the years 2007, 2007 and 2006, respectively. They were given benefit of advance increments and same was also paid. However, now for some of 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 If the petitioners are already granted certificate of excellent work in the year 2007, then same cannot be withdrawn respectively on the basis of subsequent Government Resolution.

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.

The Government Resolution dated 24.08.2017 will have prospective effect and not retrospective effect and in that case, the benefit, that was accorded to the petitioners for excellent work in the year 2007 shall not be withdrawn and if any recovery is made

{3} pursuant to the same, same shall be refunded to the petitioners. In light of the above, writ petitions are disposed of. ANIL S. KILOR S.V.GANGAPURWALA JUDGE JUDGE dyb