Created by Fuzzy Cloud

Bombay High Court

GANGARAM GOPINATH MUNDHE AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY GENRAL ADMINISTATIVE DEPARTMENT AND OTHER

Disposal
DISPOSED OFF

Holding

The Government Resolution dated 24‑08‑2017 applies prospectively, and the petitioners are entitled to advance increments for work done before that date, with benefits to be calculated accordingly.

Summary

The petitioners, a group of employees including some who are superannuated, filed a writ petition challenging the applicability of a Government Resolution dated 24‑08‑2017 that provided for advance increments for outstanding work. They sought clarification on whether the resolution would apply retrospectively to work performed before that date and the method of calculating consequent benefits. The Court noted that the matter had already been decided in Writ Petition No. 12665 of 2025, which held that the resolution would apply prospectively. Accordingly, the petitioners were declared eligible for the advance increments for work done prior to 24‑08‑2017, and all benefits were to be computed by adding those increments. For the superannuated petitioners, the recalculated benefits were to be paid within 90 days. The writ petition was therefore disposed of on the basis of the earlier decision.

Issues considered

  • Whether the Government Resolution dated 24‑08‑2017 applies prospectively or retrospectively to the petitioners for advance increments.
  • Whether the petitioners are entitled to the calculated benefits, including advance increments, for work performed prior to the resolution date.

Subjects

  • Government Resolution
  • Advance increments
  • Prospective application
  • Superannuation
  • Writ petition
  • Benefit calculation
  • High Court of Bombay

Judgment

2026:BHC-AUG:39665-DB


                                                  {1}                   wp10759-26.doc
                 drp
                         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                    BENCH AT AURANGABAD

                                 WRIT PETITION NO.10759 OF 2026

                 Gangaram Gopinath Mundhe and Others                   PETITIONERS

                        VERSUS

                 The State of Maharashtra and Others                  RESPONDENTS

                                                .......
                 Mr. P. R. Tandale, Advocate for the Petitioners
                 Mr. S. R. Wakle, AGP for Respondent - State
                                                ....…

                              [CORAM : NITIN B. SURYAWANSHI, &
                                       ABASAHEB D. SHINDE, J. J.]

                                      DATE : 31st AUGUST, 2026

                 ORDER :


                 1.     Indisputably, the issue raised in these petitions is squarely

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

                 Petition No. 12665 of 2025.


                 2.     For the reasons stated in the said order, the Writ Petition is

                 disposed of declaring that the, Government Resolution dated

                 24.08.2017 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 Petitioners are
                                {2}               wp10759-26.doc

superannuated, all consequential benefits post recalculation be

paid to them, within 90 days.



[ ABASAHEB D. SHINDE ]                [ NITIN B. SURYAWANSHI ]
         JUDGE                                   JUDGE

drp/wp10759-26.doc


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.