Allowed

Angad Dnyanoba Sonawane and Others v. the State of Maharashtra Thr Its Secretary and Others

Bombay HC9 Feb 2021WP/2558/2021

Case brief

AI extract

What is this about?

This judgment disposed of multiple writ petitions challenging the government's attempt to retrospectively withdraw advance increments and certificates of excellent work awarded between 2006 and 2009. The court held that the subsequent Government Resolution has only prospective effect.

What did the court decide?

The writ petitions were disposed of; recovery made, if any, shall be refunded; no costs.

Angad Dnyanoba Sonawane and Others Vs the… — Pension and Retirement Benefits | Bombay HC (2021)

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1 wp 6789.2020+

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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903 WRIT PETITION NO.6789 OF 2020
SANJAY RAMCHANDRA PATIL AND OTHERS

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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...

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Advocate for Petitioners: Mr. Mathpati Shivkumar K
AGP for Respondents/State: Mr. S. G. Karlekar
Advocate for Respondent No. 4: Mr. A. D. Aghav

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906 WRIT PETITION NO.97 OF 2021
RAGHUVIR DATTATRAY AWACHAT

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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...

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Advocate for Petitioner: Mr. Mathpati Shivkumar K
AGP for Respondents/State: Mr. S. G. Karlekar
Advocate for Respondents No. 4 & 5:

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Mr. A. D. Aghav

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935 WRIT PETITION NO.2541 OF 2021
ASHOK SHIVRAM CHAUDHARI

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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...

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Advocate for Petitioner: Mr. Mathpati Shivkumar K
AGP for Respondents/State: Mr. P. K. Lakhotiya
Advocate for Respondents No. 4 to 6:

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Mr. A. D. Aghav

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943 WRIT PETITION NO.2549 OF 2021

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VISHWANATH BASAPPA MASHALKAR

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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...

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Advocate for Petitioner: Mr. Mathpati Shivkumar K
AGP for Respondents/State: Mr. S. K. Tambe

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2 wp 6789.2020+

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946 WRIT PETITION NO.2552 OF 2021
DILIP GOVIND KADAM AND ANOTHER

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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...

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Advocate for Petitioners: Mr. S K Mathpati
AGP for Respondents/State: Mr. S. R. Yadav Lonikar
Advocate for Respondent No.5: Mr. P. R. Tandale

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952 WRIT PETITION NO.2558 OF 2021
ANGAD DNYANOBA SONAWANE AND OTHERS

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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...

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Advocate for Petitioners: Mr. S K Mathpati
AGP for Respondents/State: Mr. S. G. Karlekar
Advocate for Respondent No. 4:

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Mr. P. D. Suryawanshi

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953 WRIT PETITION NO.2559 OF 2021
KAMLAKAR CHANGDEO KHARAT AND OTHERS

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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...

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Advocate for Petitioners: Mr. Mathpati Shivkumar K
AGP for Respondents/State: Mr. K. N. Lokhande
Advocate for Respondents No. 5&6: Mr. S. B. Ghute

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954 WRIT PETITION NO.2560 OF 2021
MAHOMMAD MAHEDI ABDUL SALIM HIPPARGE

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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...

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Advocate for Petitioner: Mr. Mathpati Shivkumar K
AGP for Respondents/State: Mr. S. R. Yadav Lonikar

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960 WRIT PETITION NO.2566 OF 2021
GORAKH ANNASAHEB RAKH

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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3 wp 6789.2020+

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...

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Advocate for Petitioner: Mr. Mathpati Shivkumar K
AGP for Respondents/State: Mr. S. K. Tambe
Advocate for Respondents No. 5&6:
Mr. P. D. Suryawanshi

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CORAM:S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

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DATE:09th FEBRUARY, 2021

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PER COURT:

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1.It is submitted that petitioners in these

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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 the year
2006 to 2009, then same cannot be withdrawn
retrospectively on the basis of subsequent
Government Resolution.

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2.The same view was taken by us in Writ

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Petition No. 1954 of 2018 with other connected

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writ petitions under order dated 25.01.2019.

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4 wp 6789.2020+

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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.

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4.In the light of the above, writ petitions are
disposed of. No costs.

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[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.]

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marathe

Angad Dnyanoba Sonawane and Others v. the State of Maharashtra Thr Its Secretary and Others

Case brief

What is this about?

What did the court decide?

Angad Dnyanoba Sonawane and Others v. the State of Maharashtra Thr Its Secretary and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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