Shivaji Gorakhnath Aundhkar And Others v. The State Of Maharashtra And Others

1 W.P. No. 14754/2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD 18.

WRIT PETITION NO. 14754 of 2019 Shivaji Gorakhnath Aundhkar and four others

...Petitioners

VERSUS

The State of Maharashtra and others

...Respondents

Mr. D.R. Irale Patil, Advocate for petitioners Mr. K.N. Lokhande, Asstt. Govt. Pleader for Respt. No.2 Mr. K.B. Jadhavar, Advocate for respondent No.3 C ORAM : S.V. GANGAPURWALA AND AVINASH G. GHAROTE, JJ.

DATE : 9th December, 2019 PER COURT :

1.

It is submitted that, petitioners are awarded certificate of excellent work and advance increments in the year 2007 to 2011. 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If the petitioners are already granted certificate of excellent work in the year 2007 to 2011, then the same cannot be withdrawn retrospectively on the basis of subsequent Government Resolution.

2 W.P. No. 14754/2019 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and in that case benefit that was accorded to petitioners of excellent work in the year 2007 to 2011 shall not be withdrawn and if any recovery is made pursuant to the same, same shall be refunded to the petitioners. 4.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, the writ petition is disposed of. No costs.

( AVINASH G. GHAROTE ) ( S.V. GANGAPURWALA ) JUDGE JUDGE Madkar