Disposed

Shivanand S/O. Shrimant Mage and Ors. v. the State of Maharashtra through Secretary General Administration Dept. and Ors.

Bombay HC4 Jul 2022WP/4995/2021

Case brief

AI extract

What is this about?

The High Court of Bombay held that a Government Resolution dated 24.08.2017 does not have retrospective effect. Benefits of certificates of excellent work and advance increments granted in 2006 and 2007 cannot be withdrawn retrospectively. Any recovery made must be refunded.

What did the court decide?

Writ petitions disposed of; recovery to be refunded to petitioners.

Shivanand S/O. Shrimant Mage and Ors. Vs the… — Pension and Retirement Benefits | Bombay HC (2022)

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76-503.WPNo.4995-49382021.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 4995 OF 2021

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Shivanand s/o Shrimant Mage & Ors. … Petitioners Versus

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The State of Maharashtra & Ors.

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… Respondents

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WITH WRIT PETITION NO. 4938 OF 2021 WITH INTERIM APPLICATION NO. 3676 OF 2021 IN WRIT PETITION NO. 4938 OF 2021

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Vitthal s/o Ramrao Garad & Ors.

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… Petitioners/ Applicants

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Versus The State of Maharashtra & Ors. … Respondents

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Mr. Sanjaykumar B. Bhosale, Advocate for the Petitioners/ Applicants.

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Mrs. P. J. Gavhane, AGP for the Respondent Nos.1 and 2/State.

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Ms. Priyanka Chavan, Advocate for the Respondent/Zillha Parishad, Solapur.

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CORAM: S.V. GANGAPURWALA & S. M. MODAK, JJ. DATED : JULY 4, 2022

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P.C.

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It is submitted that, petitioners in these writ petitions are awarded certifcates of excellent work and advance increments in the year 2006 and 2007. They were given beneft of advance increments and same was also paid. However, now for some of the petitioners recovery is claimed and for some of the petitioners beneft is not

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Gaikwad RD

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76-503.WPNo.4995-49382021.doc

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extended. If the petitioners are already granted certifcate of excellent work in the year 2006 and 2007, then same cannot be withdrawn retrospectively on the basis of subsequent Government Resolution.

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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.

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The Government Resolution dated 24.08.2017 will have prospective effect and not retrospective and in that case beneft that was accorded to petitioners of excellent work in the year 2006 and 2007, 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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In the light of above, writ petitions are disposed of. No costs.

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In view of disposal of Writ Petition No. 4938 of 2021, Interim Application No. 3676 of 2021 also stands disposed of.

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Digitally signed by RAJU RAJUDATTATRAYAGAIKWAD DATTATRAYAGAIKWADDate:2022.07.07 14:16:11 +0530

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Gaikwad RD

Shivanand S/O. Shrimant Mage and Ors. v. the State of Maharashtra through Secretary General Administration Dept. and Ors.

Case brief

What is this about?

What did the court decide?

Shivanand S/O. Shrimant Mage and Ors. v. the State of Maharashtra through Secretary General Administration Dept. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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