Bombay High Court

PRAKASH RAJARAM PATIL AND ANOTHERversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court held that the Government Resolution applies prospectively, but petitioners are entitled to the advance increments for work done before 24‑08‑2017, without interest, and the benefits must be paid within 90 days.

Summary

The Bombay High Court, Aurangabad Bench, heard a batch of writ petitions filed by various government employees seeking entitlement to advance increments for work performed before the Government Resolution dated 24 August 2017. The petitioners argued that the resolution should be applied retrospectively, granting them the increments for outstanding work done prior to that date. The Court noted that the matter had already been decided in Writ Petition No. 9967 of 2021 and Writ Petition No. 10947 of 2022, where it was held that the resolution would apply only prospectively. Accordingly, the Court declared that the petitioners are eligible for the advance increments for work done before 24‑08‑2017, but no interest is payable. The consequential benefits are to be calculated by adding the advance increments and, for those who have superannuated, the recalculated benefits must be paid within 90 days. The petitions were therefore disposed of with the above directions.

Issues considered

Whether the Government Resolution dated 24 August 2017 applies retrospectively to grant advance increments for work performed before that date
Whether petitioners are entitled to interest on the delayed payment of such increments
How the consequential benefits should be calculated and disbursed

Subjects

Government Resolution
advance increments
prospective application
service benefits
writ petition
interest
calculation of benefits
payment within 90 days

Judgment

2026:BHC-AUG:37871-DB


                                            1                  103-WP-10072-26.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                             WRIT PETITION NO. 10072 OF 2026

                             PRAKASH RAJARAM PATIL AND ANOTHER
                                             VERSUS
                           THE STATE OF MAHARASHTRA AND OTHERS
                                               ...
              Mr. Sandeep B. Sontakke, Advocate for the Petitioner
              Mr. B. B. Bhise, AGP for Respondents/State
                                               ...
                               WRIT PETITION NO. 6320 OF 2024

                     CHANDRAKANT SHRIPATRAO SAVANGIKAR AND OTHERS
                                             VERSUS
                           THE STATE OF MAHARASHTRA AND OTHERS
                                               ...
              Mr. Sandeep B. Sontakke, Advocate for the Petitioner
              Mr. N. S. Tekale, AGP for Respondents/State
                                               …
                              WRIT PETITION NO.10405 OF 2026

                         HARIDASAN GOVINDAN KANNOLI AND OTHERS
                                            VERSUS
                          THE STATE OF MAHARASHTRA AND OTHERS
                                               ...
              Mr. Sandip R. Andhale, Advocate for the Petitioner
              Mr. M. K. Goyanka, AGP for Respondents/State
                                               …
                             WRIT PETITION NO.10406 OF 2026

                                   VISHNU DATTATRAO KARLE
                                            VERSUS
                           THE STATE OF MAHARASHTRA AND OTHERS
                                               ...
              Mr. Sandeep B. Sontakke, Advocate for the Petitioner
              Mr. S. R. Wakle, AGP for Respondents/State
                                               …
                             WRIT PETITION NO. 10407 OF 2026
                         DEVIDAS SUKDEO SURYAWANSHI AND OTHERS
                                           VERSUS
                          THE STATE OF MAHARASHTRA AND OTHERS
                                              ...
              Mr. Sandeep B. Sontakke, Advocate for the Petitioner
              Ms. N. B. Kamble, AGP for Respondents/State
                                              …


              SVH
                                  2                   103-WP-10072-26.odt


               WRIT PETITION NO. 10408 OF 2026

                        NAYAB RAOJI PAWDE
                              VERSUS
             THE STATE OF MAHARASHTRA AND OTHERS
                                ...
Mr. Sandeep B. Sontakke, Advocate for the Petitioner
Mr. S. K. Tambe, AGP for Respondents/State
                                …
                        CORAM : NITIN B. SURYAWANSHI AND
                                ABASAHEB D. SHINDE, JJ.
                         DATE : 17th AUGUST, 2026

PER COURT :

1.          Indisputably, the issue raised in these petitions is

squarely covered by the orders passed by this Court [Coram:

Mangesh S. Patil and Sandeep V. Marne, JJ.], in Writ Petition No.9967

of 2021 and connected matters and [Coram: Ravindra V. Ghuge and

Ashwin D. Bhobe, JJ.] in Writ Petition No.10947 of 2022.

2.          For the reasons stated in the said orders, the Writ

Petitions are disposed of with the declaration that Government

Resolution dated 24th August, 2017 would apply prospectively. The

Petitioners are held to be eligible for grant of advance increments

for outstanding work, prior to 24.08.2017. Since the Petitioners are

not claiming interest, all consequential benefits be calculated by

adding up the said advance increments. Since some of the

Petitioners have superannuated, all consequential benefits post

recalculation, be paid to the Petitioners within 90 days.



(ABASAHEB D. SHINDE, J.)              (NITIN B. SURYAWANSHI, J.)


SVH

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