Bombay High Court

SANJAY DASHRATH KAMBLE AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The 2017 Government Resolution applies prospectively, but petitioners are entitled to advance increments for pre‑24‑08‑2017 work, with all recalculated benefits payable within 90 days.

Summary

The Bombay High Court heard three writ petitions filed by government employees seeking entitlement to advance increments and related benefits under a Government Resolution dated 24 August 2017. The petitioners argued that the resolution should apply retrospectively to work performed before that date, while the State contended that it was prospective. The Court noted that the matter had already been decided in earlier judgments (Writ Petition Nos. 9967 of 2021 and 10947 of 2022) and applied the same reasoning. It held that the 2017 resolution applies prospectively, but the petitioners are eligible for advance increments for work done prior to 24‑08‑2017, with no claim for interest. Consequently, all 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.

Issues considered

The 2017 Government Resolution is to be applied prospectively or retrospectively.
Whether petitioners are entitled to advance increments for work performed before 24‑08‑2017.
How consequential benefits, including for superannuated petitioners, should be calculated and disbursed.

Subjects

Government Resolution
Advance increments
Prospective application
Service benefits
Writ petition
Superannuation

Judgment

2026:BHC-AUG:42669-DB


                                             {1}                      62-wp-12096-2026

                        IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                   BENCH AT AURANGABAD

                              62 WRIT PETITION NO. 12096 OF 2026

                              Sanjay Dashrath Kamble And Others
                                            VERSUS
                              The State Of Maharashtra And Others

              Mr. Sandeep B. Sontakke, Advocate for the Petitioners
              Ms. Neha Kamble, AGP for State

                               WRIT PETITION NO. 12423 OF 2026

                              Balasaheb Sanduji Aherkar And Others
                                            VERSUS
                              The State Of Maharashtra And Others

              Mr. Sandeep B. Sontakke, Advocate for the Petitioners
              Mr. V.M. Kagne, AGP for State

                               WRIT PETITION NO. 12436 OF 2026

                            Chandrakant Tryambak Mahajan And Others
                                             VERSUS
                               The State Of Maharashtra And Others

              Mr. Sandeep B. Sontakke, Advocate for the Petitioners
              Mr. B.B. Bhise, AGP for State
                                             .......

                                    CORAM : NITIN B. SURYAWANSHI AND
                                             ABASAHEB D. SHINDE, JJ.


                                       DATE : 15th SEPTEMBER, 2026
              PER COURT :

              1.   Writ Petition Nos. 12423 of 2026 and 12436 of 2026 are not on

              board. Upon mentioning same are taken on board.
                                   {2}                   62-wp-12096-2026

2.       Leave to correct name of Petitioner No. 11 in Writ Petition No.

12096 of 2026. Correction be carried out forthwith.


3.       Indisputably, the issue raised in these Petitions is squarely

covered by the orders passed 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.


4.       For the reasons stated in the said orders, the Writ Petitions are

disposed of with the declaration that Government Resolution dated 24 th

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.)




Bhagyawant Punde

Continue reading with your account

Checking your session…