Somnath Kashinath Kulkarni And Others v. The State Of Maharashtra And Others

1 wp 14253.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 14253 OF 2019 Somnath Kashinath Kulkarni and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Ms. A. S. Jadhav, Advocate h/f Shri Sanjay B. Dushing, Advocate for Petitioners.

Mrs. A. V. Gondhalekar, Addl.G.P. for the Respondent Nos. 1 to 4.

Mrs. Suvarna Zaware, Advocate for the Respondent Nos. 5 and 6. CORAM :

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

DATE :

26TH NOVEMBER, 2019.

FINAL ORDER :

.

It is submitted that, petitioners in this writ petition are awarded certificate of excellent work and advance increments in the year 2007. 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 If the petitioners are already granted certificate of excellent work in the year 2007, then same cannot be withdrawn retrospectively on the basis of subsequent Government Resolution.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

2 wp 14253.19 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retrospective and in that case if benefit was accorded to petitioners of excellent work in the year 2007, shall not be withdrawn and if any recovery is made pursuant to the same, same shall be refunded to the petitioners. 4.

In view of the above, the writ petition is disposed of. No costs.

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