Satappa Govind Mohite And ORS v. The State Of Maharashtra Thr Its Secretary General Administration Dept And ORS

906-WP.14871.2022 jvs

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14871 OF 2022 Satappa Govind Mohite & Ors.

} Petitioners versus The State of Maharashtra & Ors. } Respondents Mr. Manoj Patil for the petitioners.

Mr. B. V. Samant, AGP for respondents 1 to 3. Mr. Devidas Jadhav i/b. Mr. Sameer Tambekar for respondent no. 4.

CORAM:

S. V. GANGAPURWALA, Act.CJ.& SANDEEP V. MARNE, J.

DATE:

MARCH 17, 2023 P.C.:

1.

It is submitted that the petitioners in this writ petition are awarded certificate of excellent work and advance increments in the year 2006 to 2008. Some of them 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 If the petitioners are already granted certificate of excellent work in the year 2006 to 2008, then, same cannot be withdrawn retrospectively on the basis of subsequent Government Resolution.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 SALUNKE J V 2018 with other connected writ petitions under order dated 25th by SALUNKE J V Date: 2023.03.17 19:15:04 +0530 January 2019.

3.

The Government Resolution dated 24th August 2017 will have prospective effect and not retrospective and, in that case, if

906-WP.14871.2022 benefit was accorded to petitioners of excellent work in the year 2006 to 2008, then, same shall not be withdrawn and if any recovery is made pursuant to the same, same shall be refunded to the petitioners.

4.

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

(SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE)