Bombay High CourtWP/14246/2019disposed offdismissed for default

Madhukar Gyanoji Gavande And Others v. The State Of Maharashtra And Others

2019-11-26Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Avinash G. Gharote3 pages

1 wp 14244.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 14244 OF 2019 Damodar Jankiram More .. Petitioner

Versus

The State of Maharashtra and others .. Respondents WITH WRIT PETITION NO. 14245 OF 2019 Ulhas Santram Ugile and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents WITH WRIT PETITION NO. 14246 OF 2019 Madhukar Gyanoji Gavande and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents WITH WRIT PETITION NO. 14247 OF 2019 Narendra Pundlik Khairnar and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Shri Sandeep B. Sontakke, Advocate for the Petitioner in all matters.

Shri S. G. Sangle, A.G.P. for the Respondent Nos. 1 to 3 in all matters.

2 wp 14244.19 CORAM :

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

DATE :

26TH NOVEMBER, 2019.

FINAL ORDER :

The learned counsel for petitioners and the learned Assistant Government Pleaders in respective writ petitions are at consensus that the petitioners are similarly situated as the petitioners in Writ Petition No. 12699 of 2018 with 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 these Writ Petitions 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 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the petitioners are already granted certificate of excellent work in the year 2006, 2007 and 2008, the same cannot be withdrawn retrospectively on the basis of subsequent Government Resolution.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

3 wp 14244.19 Petition No.1954 of 2018 with other connected Writ Petitions under order dated 25/01/2019.

III] The Government Resolution dated 24/8/2017 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and if benefit was accorded to petitioners of excellent work in the year 2006, 2007 and 2008, shall not be withdrawn and if any recovery is made pursuant to the same, same shall be refunded to the petitioners. 3] In the light of the above, Writ Petitions are disposed of. No costs.

[AVINASH G. GHAROTE, J.] [S. V. GANGAPURWALA, J.] bsb/Nov. 19