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Bombay High Court

VASANT RAMBHAU BHADANEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

A subsequent Government circular cannot retrospectively withdraw benefits already accrued, and the petitioner is entitled to the time‑bound scale benefits from 2008.

Summary

The petitioner, Vasant Rambhau Bhadane, was appointed as Mistri Grade‑II in 1983 and was placed on a time‑bound pay scale in 1995, becoming eligible for a higher pay scale from December 2007. Despite this entitlement, he was not paid the benefits of the second time‑bound scale before his retirement in March 2010. In 2015 the authorities denied the benefits, relying on a Government circular dated 28 July 2014 that purported to change the policy retrospectively. The petitioner challenged this denial, arguing that benefits accrued in 2008 could not be withdrawn by a later policy. The Court held that a subsequent circular cannot retrospectively deprive an employee of accrued benefits and that the petitioner was entitled to the differential pay with interest. Accordingly, the writ petition was allowed and the respondent was directed to pay the arrears with interest.

Issues considered

  • Can a Government circular issued in 2014 retrospectively deny entitlement to pay scale benefits that accrued in 2008 for a government employee?

Subjects

  • government employee
  • pay scale
  • time bound scale
  • retrospective policy
  • circular
  • writ petition
  • salary arrears
  • interest

Judgment

2026:BHC-AUG:1417-DB


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                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                                WRIT PETITION NO. 7439 OF 2015

                Vasant Rambhau Bhadane                                    .. Petitioner

                       Versus

                The State Of Maharashtra And Others                       .. Respondents

                                              WITH
                                CIVIL APPLICATION NO. 12601 OF 2021
                                          IN WP/7439/2015
                Vasant Rambhau Bhadane                                    .. Applicant

                       Versus

                The State Of Maharashtra And Others                       .. Respondents

                Mr. Yogesh B. Bolkar, Advocate for Petitioner/Applicant.
                Smt. Kalpalata Patil-Bharaswadkar, Addl.G.P. for Respondent Nos.
                1 & 2.
                Mr. Rakesh N. Jain, Advocate for Respondent Nos. 3 & 4.

                                        CORAM : KISHORE C. SANT AND
                                                SUSHIL M. GHODESWAR, JJ.
                                         DATE       :   13th JANUARY, 2026.

                PER COURT :-

                1.     Heard learned advocate for the petitioner, learned Addl.G.P.

                for the State and learned advocate for respondent Nos. 3 and 4.


                2.     In this petition, the petitioner was appointed to the post of

                Mistri Grade-II on 06.01.1983. After completion of twelve years of

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service and as no substantive post was available, he was given

time bound scale on 06.01.1995. He thereafter became entitled to

get higher pay scale from 29.12.2007. The petitioner, however, is

not paid the actual benefits of the said post. The petitioner retired

on 31.03.2010 on attaining superannuation. However, till

retirement he was not given the salary of the promotional post.

The petitioner persuaded the authorities for grant of benefits,

however, by letter dated 03.07.2015 the Chief Officer, Zilla

Parishad refused to grant benefits citing the reason that in the

year 2014 the Government has changed the policy by circular

dated 28.07.2014 and in that view the petitioner was not entitled

to receive the second time bound scale. Therefore, the petitioner

has filed this petition.


3.    It is the case of the petitioner that, he was entitled to get the

benefits in the year 2008 itself. However, no benefits are paid.

Now the respondent has refused to grant the benefits citing the

reason of 2014 circular. He submits that, he is entitled to receive

all the benefits.


4.    The petition is opposed by learned advocate for respondent-

Zilla Parishad.     She submits that, since the petitioner was not

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entitled in view of subsequent policy of 2014, there is no question

of granting benefits to the petitioner. She relies upon the circular

dated     30.07.2014    and   justifies   the   communication         dated

03.07.2015.


5.      This Court hardly finds any justification in denying benefits

to the petitioner. It is trite that, no benefits can be taken away

with retrospective effect by subsequent orders, Government

Resolution, policy etc.       Therefore, this Court finds that, the

petitioner is entitled to receive the benefits for time bound scale

since 2008. Since the order is without any legal foundation, this

Court is inclined to allow the petition.


6.      The writ petition is allowed.


7.      The petitioner be paid the benefit/difference in the amount

of pay scale of first time bound scale and second time bound scale

with interest, if not paid, within a period of three months from

today with interest at the rate of Rs. 6% per annum. If no amount

is paid within six months from today, the said amount shall carry

the interest at the rate of Rs. 9% per annum.




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8.       With this, the writ petition stands disposed of.


9.       In view of disposal of writ petition, civil application also

stands disposed of.



( SUSHIL M. GHODESWAR, J.)                    ( KISHORE C. SANT, J. )




P.S.B.




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