Bombay High Court
Hanmant Mashnaji Wadekar And ... vs The State Of Maharashtra Thr Its ... on 22 September, 2022
Bench: Mangesh S. Patil, Sandeep V. Marne
1 WP / 9602 / 2021+
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
943 WRIT PETITION NO.9602 OF 2021
BALASAHEB NAGORAO PAWAR
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
AND
949 WRIT PETITION NO.11846 OF 2021
HANMANT MASHNAJI WADEKAR AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH
ITS SECRETARY AND ANOTHER
AND
969 WRIT PETITION NO.2857 OF 2021
SHIVAJI KANHBARAO KHARAT AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH
ITS SECRETARY AND OTHERS
AND
970 WRIT PETITION NO.3200 OF 2021
PRAMOD RAMESH HUDGE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for petitioner : Mr. Estling S. Murge (WP/9602/2021, WP/11846/2021)
AGPs for the respondent - State : Mr. K.N. Lokhande, Mr. S.B. Yawalkar,
Mr. A.S. Shinde and Mrs. Vaishali N. Patil-Jadhav
Advocate for the respondent no. 2 : Mr. A.B. Shinde (WP/9602/2021)
Mr. S.B. Pulkundwar, Advocate for the respondent no. 2 (WP/11846/2021)
and for respondent no. 4 (WP/2857/2021)
Advocate for petitioner : Mr. S.K. Mathpati (WP/2857/2021, WP/3200/2021)
Advocate for respodent no. 4 : Mr. P.R. Tandale (WP/3200/2021)
...
CORAM : MANGESH S. PATIL &
SANDEEP V. MARNE, JJ.
DATE : 22 SEPTEMBER 2022
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ORAL ORDER (SANDEEP V. MARNE, J.) :
The issue is about grant of advance increment to ideal
Gramsevaks. The scheme was introduced by Government Resolution
dated 10-11-1998 for grant of one advance increment to Gramsevaks
who are adjudged 'Outstanding' in their confidential reports. The
scheme appears to be in operation as on 26-10-2010 whereby the
Government had issued certain instructions for timely holding of
functions for award of the certificates.
2. In regard to grant of additional / advance increments for
outstanding work to the State Government employees, a circular was
issued on 03-07-2009, directing all the departments to ignore the
additional / advance increment as the State Governemnt was
considering implementation of recommendations of Hakim Committee
which had recommended stoppage of such increments. Ultimately, a
decision in that regard came to be taken by the Government Resolution
dated 24-08-2017 whereby the benefit of grant of additional / advance
increment was withdrawn.
3. In numerous decisions, this Court has taken a view that
the scheme of additional / advance increments which came to be
discontinued by the State Government by Resolution dated
24-08-2017 would apply only prospectively. This Court has considered
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the Circular dated 03-07-2009 and has held that the Circular did not
have the effect of discontinuation of the scheme.
4. In the present case, we are concerned with little different
scheme i.e. award of advance increment to ideal Gramsevaks who are
adjuded 'Outstanding' in the confidential reports. However, it appears
that applying the Government Resolution dated 24-08-2017, the
scheme of grant of advance increment to Gramsevaks is also
discontinued. Letter dated 31-01-2014 is brought to our notice by
which the Government of Maharashtra, Rural Development and Water
Conservation Department had directed all the Divisional
Commissioners not to extend the benefit of advance increment to the
employees of Zilla Parishad. Even though it was stated in the said
letter that the recommendations of the Hakim Committee was accepted
by the State Government, it has already been held in various
judgments that the recommendation was finally accepted only on
24-08-2017.
5. The State Government and Zilla Parishads had filed review
petitions seeking review of the orders passed by this Court. By
judgment and order dated 30-08-2022 passed by this Court in Review
Application (Civil) no. 170 of 2022 in Writ Petition no. 13670 of 2019
(The State of Maharashtra and another Vs. Rupchand S/o. Narayan
Shinde and Others) and connected Review Applications, we have
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rejected the said review petitions. In paragraphs nos. 12 to 15 of the
judgment (supra), we have held as under :-
"12. After having heard learned Counsels at length, we
find that the review applicants have not been able to
point out any specific instructions issued prior to
24.08.2017 / 04.09.2018 for discontinuation of the
schemes for grant of advance increments. Government
Resolution dated 27.02.2009 and Circular dated
03.07.2009 do not indicate that any final decision was
taken for discontinuation of schemes for advance
increments. We proceed to examine the Government
Resolution dated 27.02.2009 and Circular dated
03.07.2009 in details.
13. Government Resolution dated 27.02.2009 came to
be issued by the State Government essentially for
conveying the decision of the State Government about
acceptance or otherwise of various recommendations
made by the Hakim Committee constituted for
implementation of recommendations of the 6th Central
Pay Commission. In Annexure to the said Government
Resolution, each recommendation and decision of the
State Government thereon have been enumerated. So
far as the scheme for advance increment is concerned,
the same is to be found at serial number 27 of the
Annexure (para 3.24 of Committees Report). In that
paragraph, the Committee recommended that for
employees/Officers rendering outstanding service,
increment @ 4% be awarded instead of 3% and such
increment be granted once in 5 years. It was further
recommended that since increment at higher rate was
being granted, the then existing scheme for grant of one
or two advance increments be discontinued. However,
in the column 'Decision of State Government' against
para 3.24, remark is made stating that 'separate action
would be taken by General Administration Department'.
As against various other recommendations, the remark
'accepted' has been made. The recommendation made
in para 3.24 by the Hakim Committee was not accepted
at least on the date of issuance of Government
Resolution dated 27.02.2009 and General
Administration Department was to take a decision
thereon separately. Thus, it cannot be inferred that any
specific decision was taken by the State Government
on 27.02.2009 for discontinuation of scheme for grant of
advance increment. Therefore, we do not find that the
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orders under review need to be disturbed on the basis
of the Government Resolution dated 27.02.2009.
14. Now, we come to the Circular dated 03.07.2009. By
the said Circular, it was directed that the issue of
discontinuation of scheme for grant of advance
increment was under consideration with the State
Government and that some time was required for taking
final decision. Therefore, it was further directed that
temporarily the pay fixation of the employees in the 6 th
Pay Commission scales be made without considering
the advance increments. Thus, the Circular dated
03.07.2009 was clearly issued as a temporary measure.
The said circular did not communicate any decision to
the effect that the State Government discontinued the
scheme for grant of advance increments. Therefore, we
find that the reliance of Mr. Dixit on the Circular dated
03.07.2009 is again of no avail.
15. We have carefully gone through the Government
Resolution dated 24.08.2017 and Circular dated
04.09.2018. By the Government Resolution dated
24.08.2017, final decision came to be taken in respect
of recommendation made by the Hakim Committee in
para 3.24 of its report directing that during the period
from 01.10.2006 to 01.10.2015 when revised pay
scales as per 6th Pay Commission were admissible, the
benefit of advance increments should not be granted.
Thus, the final decision on para 3.24 of Committees
Report was taken by the State Government only on
24.08.2017. However, instead of simply directing that
the scheme for grant of advance increments is
discontinued, the State Government sought to give
retrospective effect to its decision by directing that the
benefit of such advance increments be not given during
the period from 01.10.2006 to 01.10.2015. While
issuing such orders having retrospective effect, the
State Government lost sight of the fact that several
employees were already granted the benefit of advance
increments during the relevant period. As we have
observed earlier, the deliberations for discontinuation of
the scheme started only on 27.02.2009 / 03.07.2009
and prior to that, admittedly, the issue of discontinuation
of the scheme for grant of advance increment was not
even under consideration. The instructions for
temporarily doing pay fixation without advance
increments were issued on 03.07.2009. This means
that several employees must have already been
granted advance increments during the period from
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01.10.2006 to 03.07.2009. We, therefore, fail to
comprehend as to how the State Government could
have issued directions on 24.08.2017 that the benefit of
advance increments should not be granted from
01.10.2006 onwards. Even in respect of employees
becoming eligible for grant of advance increments after
27.02.2009, we do not find any error in the view taken
by this Court that the Government Resolution dated
27.08.2017 would only have prospective effect."
6. Consequently, we hold that the scheme of grant of
advance increment to ideal Gramsevaks also continued till 24-08-2017
as Government Resolution dated 24-08-2017 would operate
prospectively.
7. Accordingly, we allow the present petitions and direct that
in respect of those petitioners who are already granted advance
increments, they be granted the monetary benefits arising out of the
same. In case of those petitioners who became eligible for grant of
advance increments but such increments were not sanctioned, the
same be sanctioned and consequent monetary benefits be paid.
In respect of such of the employees, where recovery is effected, such
recoverey is set aside and the recovered amount be refunded within
four months. The payments to the petitioners be made within a period
of 4 months from today.
8. Writ petitions are accordingly allowed. No costs.
[ SANDEEP V. MARNE ] [ MANGESH S. PATIL ]
JUDGE JUDGE
arp/
