Petitioners challenging withdrawal of benefits and advance increments granted for excellent work between 2012 and 2015. The Court held the relevant Government Resolution had only prospective effect.
Benefits awarded for excellent work in 2012 to 2015 shall not be withdrawn; any recovery made must be refunded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 1003-WP 4741-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 4741 OF 2021
Madhukar Ashok Shelke
and others
.. Petitioners
Versus
The State of Maharashtra and another
.. Respondents
Mr. D. R. Irale Patil, Advocate for the Petitioners.
Mrs. V. N. Patil-Jadhav, AGP for Respondent No. 1.
Mr. P. D. Suryawanshi, Advocate for Respondent No. 2.
CORAM : S. V. GANGAPURWALA &
R. N. LADDHA, JJ.
DATED : 10th AUGUST, 2021.
PER COURT:-
. We have heard the learned counsel for the petitioners.2. Mr. Suryawanshi, learned counsel for respondent No. 2 submits
that the petition suffers from delay and laches. On this ground, the
same be rejected.
3.The learned counsel for respondent No. 2 is confronted with the
order of this Court in Writ Petition No. 8171 of 2019 dated 07.10.2019
and on perusal of the same, the learned counsel accepts that the
petitioners are similarly situated as the petitioners in Writ Petition No.
8171 of 2019.
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2 1003-WP 4741-2021.odt
4. In the light of that, we follow the same course.
5.It is submitted that, petitioners are awarded certificate of
excellent work and advance increments in the year 2012 to 2015. 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 2012 to 2015,
then the same cannot be withdrawn retrospectively on the basis of
subsequent Government Resolution.
6. 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.
7.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 2012 to 2015
shall not be withdrawn and if any recovery is made pursuant to the
same, same shall be refunded to the petitioners.
8. In the light of the above, writ petition is disposed of. No costs.
( R. N. LADDHA ) ( S. V. GANGAPURWALA ) JUDGE JUDGEP.S.B.
2 of 2
3 issues framed by the court
Whether Government Resolution dated 24.08.2017 relating to award of certificates and advance increments has retrospective effect.
Whether benefits already accorded to petitioners for excellent work in 2012 to 2015 can be withdrawn retrospectively and claims for recovery are valid.
Whether amounts recovered pursuant to the retrospective application of the Government Resolution must be refunded to petitioners.
Madhukar Ashok Shelke and others
The State of Maharashtra
S. V. GANGAPURWALA
R. N. LADDHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court