Ramesh Trimbak Jogdande And Others v. The State Of Maharashtra And Others

1 917-WP13965-19+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 WRIT PETITION NO. 13965 OF 2019 Shrikant Purushottam Lokhande .. Petitioner Mr. S. G. Sangle, AGP for Respondent Nos. 1 to 4. Mr. S. B. Ghute, Advocate for Respondent No. 5. 918 WRIT PETITION NO. 13966 OF 2019 Vasant Raosaheb Narode .. Petitioner Mr. S. G. Sangle, AGP for Respondent Nos. 1 and 2. Mr. S. B. Ghute, Advocate for Respondent Nos. 3 to 5. 919 WRIT PETITION NO. 13967 OF 2019 Dnyanoba Nivrutti Kale and Another Mr. S. G. Sangle, AGP for Respondents-State.

2 917-WP13965-19+.odt 920 WRIT PETITION NO. 13968 OF 2019 Ramesh Trimbak Jogdande and Others Mr. S. G. Sangle, AGP for Respondents-State.

921 WRIT PETITION NO. 13969 OF 2019 Achyut Sawalaram Ujgare and Others Mr. S. G. Sangle, AGP for Respondents-State.

930 WRIT PETITION NO. 13993 OF 2019 Shivraj Dattatraya Bharati and Others Mrs. P. V. Diggikar, AGP for Respondents-State. 937 WRIT PETITION NO. 14007 OF 2019 Sunil Keshavrao Kulkarni and Others Mr. A. P. Basarkar, AGP for Respondents-State. Mr. Santosh B. Pulkundwar, Advocate for Respondent Nos. 5.

3 917-WP13965-19+.odt 944 WRIT PETITION NO. 14014 OF 2019 Laxman Mohanrao Bahirwal and Others Mr. P. S. Patil, Addl. G. P. for Respondent Nos. 1 to 4. Mr. K. B. Jadhavar, Advocate for Respondent No. 5. 949 WRIT PETITION NO. 14023 OF 2019 Rajesh Babanrao Ghadge and Another Mr. P. G. Borade, AGP for Respondent Nos. 1 to 4. Mr. K. B. Jadhavar, Advocate for Respondent No. 5. CORAM :

S. V. GANGAPURWALA & AVINASH G. GHAROTE, JJ.

DATED : 20th NOVEMBER, 2019.

PER COURT:- 1.

It is submitted that petitioners in these Writ Petitions 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

4 917-WP13965-19+.odt the year 2006 to 2009, then same cannot be withdrawn retrospectively on the basis of subsequent Government Resolution. 2.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, Writ Petitions are disposed of. No costs. ( AVINASH G. GHAROTE ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.