BABURAO KASHINATH GADEKARversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

2026:BHC-AUG:39551-DB


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                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                 62 WRIT PETITION NO. 10695 OF 2026

                                Baburao Kashinath Gadekar
                                            VERSUS
                  The State Of Maharashtra Through Its Secretary And Others
                                              …
                Ms. Pournima P. Kamble h/f. Mr. Gajanan K. Kshirsagar,
                Advocate for the Petitioner
                                              …

                                       CORAM : NITIN B. SURYAWANSHI &
                                               ABASAHEB D. SHINDE, JJ.
                                       DATE : 27th AUGUST 2026

                P. C. :-

                1.         Indisputably, the issue raised in this petition is squarely

                covered by the decision at Principal Seat of this Court in Writ Petition

                No. 12665 of 2025. In the said order, this Court, has quoted

                observations of the Co-ordinate Bench, in the case of “State of

                Maharashtra and Another V/s Rupchand Narayan Shinde and Others”

                in Review Application (Civil) No. 170 of 2022, which read thus:

                        “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

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      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


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      General Administration Department was to take 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
      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 6th 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


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      01.10.2006 to 01.10.2015 when revised pay scale 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 form 01.10.1006 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 / 03.0.2009 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
      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

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      this Court that the Government Resolution dated
      27.08.2017 would only have prospective effect.”

2.        This Court, therefore, held that this it is now well settled

position that the scheme of grant of advance increments was

discontinued for the first time by the Government Resolution, dated

24/08/2017 and that, such decision would only operate prospectively.


3.        In view of aforesaid, we dispose of the Writ Petition by

declaring that the, Government Resolution dated 24.08.2017 would

apply prospectively. The Petitioner is held to be eligible for grant of

advance increments for outstanding work, prior to 24/08/2017. Since

the Petitioner is not claiming interest, all consequential benefits be

calculated by adding up the said advance increments.




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




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