Asruba Sahebrao Gite vs The State Of Maharashtra And ...
2021 Latest Caselaw 556 Bom

                                      1              32-WPST-21773-2020

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD

                      WRIT PETITION ST. NO. 21773 OF 2020


Ashruba Sahebrao Gite                                  ...Petitioner

         Versus

The State of Maharashtra and Ors.                      ...Respondents


Mr D.R. Irale Patil, Advocate for Petitioner
Mr A.R. Kale, A.G.P. for Respondent-State
Mr P.D. Suryawanshi, Advocate for Respondent Nos. 2 and 3

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

                               DATE       : 11th JANUARY, 2021


 PER COURT :

1. The learned Counsel for the respondent Nos. 2 and 3 opposes the

petition on the ground that the petitioner has approached the Court too

late.

2. The learned counsel for the petitioner and the learned counsel for

respondent Nos. 2 and 3 are ad idem that the petitioner is similarly

situated as the petitioners in Writ Petition No. 14754 of 2019 decided by

the judgment and order dated 09.12.2019.

3. In the light of that, we follow the same course.

4. It is submitted that petitioner is awarded certificate of excellent work

and advance increments in the year 2007 to 2011. He was given benefit of

advance increments and same was also paid. However, now for some of

2 32-WPST-21773-2020

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work in the year 2007 to 2011, then the same cannot be withdrawn

retrospectively on the basis of subsequent Government Resolution.

5. 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.

6. 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petitioner of excellent work in the year 2007 to 2011 shall not be withdrawn

and if any recovery is made pursuant to the same, same shall be refunded

to the petitioner.

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

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

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