This bench held that a Government Resolution cannot hold retrospective effect to withdraw previously granted advance increments for excellent work. The court directed that any recovery made must be refunded.
The benefit cannot be withdrawn retrospectively; any recovery made must be refunded to the Petitioner.
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1 wp 2550.2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
972 WRIT PETITION NO.2550 OF 2022
KAKASAHEB UTTAMRAO DESHPANDE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Advocate for Petitioner:
Mr. C. R. Thorat h/f. Mr. Totawad Omprakash D.
AGP for Respondent No.1: Mr. A. R. Kale
Advocate for Respondent No.2:
Mr. P. D. Suryawanshi
...
CORAM:S. V. GANGAPURWALA &
S. G. DIGE, JJ.
DATE:22nd FEBRUARY, 2022
PER COURT:
1.It is submitted that, Petitioner is awarded
certificate of excellent work and advance
increments in the year 2006 to 2008. He was 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
Petitioner is already granted certificate of
excellent work in the year 2006, 2007 and 2008,
then same cannot be withdrawn retrospectively on
the basis of subsequent Government Resolution.
2 wp 2550.2022
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
petitioner of excellent work in the year 2006,
2007 and 2008, shall not be withdrawn and if any
recovery is made pursuant to the same, same shall
be refunded to the Petitioner.
4.In the light of the above, Writ Petition is
disposed of. No costs.
[S. G. DIGE, J.]
marathe
2 issues framed by the court
Whether a benefit of advance increments awarded retrospectively can be withdrawn based on a subsequent Government Resolution.
Whether a Government Resolution issued in 2017 has retrospective effect to deny benefits awarded in 2006-2008.
KAKASAHEB UTTAMRAO DESHPANDE
THE STATE OF MAHARASHTRA
S. V. GANGAPURWALA
S. G. DIGE
As recorded by the court registry
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