Bombay High Court

KISHOR HAIBATRAO KHADKE AND OTHERSversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The 2017 Government Resolution applies prospectively, but the petitioners are entitled to advance increments for work performed before that date, with consequent benefits payable within ninety days.

Summary

The petitioners, who are superannuated government employees, sought entitlement to advance increments for work performed before 24 August 2017 and the calculation of consequent benefits. The Court referred to its earlier orders in Writ Petition No. 9967 of 2021 and Writ Petition No. 10947 of 2022, which dealt with the same resolution. It held that the Government Resolution dated 24 August 2017 applies only prospectively, but the petitioners are eligible for the advance increments for work done prior to that date. Consequently, all consequential benefits must be computed by adding those advance increments. Since the petitioners are superannuated, the Court directed that the recalculated benefits be paid within ninety days. The writ petition was disposed of with this declaration.

Issues considered

The 2017 Government Resolution should apply prospectively or retrospectively
Whether petitioners are entitled to advance increments for work done before 24 August 2017
How consequential benefits should be calculated for superannuated petitioners
The timeframe for payment of the recalculated benefits

Subjects

government resolution
advance increments
superannuation
consequential benefits
prospective application
writ petition
public service

Judgment

2026:BHC-AUG:42983-DB
34.WP.12140.2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

WRIT PETITION NO. 12140 OF 2026

Kishor Haibatrao Khadke and Others ...Petitioners

Versus

The State of Maharashtra and Others ...Respondents
***
 Mr. R. R. Kale, Advocate for the Petitioners.
 Mr. S. K. Tambe, Addl. GP for Respondent – State.
 Mr. Sanjaykumar B. Bhosale, Advocate for Respondent Nos.5 and 6.
***
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 16th SEPTEMBER 2026.
PER COURT :

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

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 24th August 2017. Since the Petitioners are not claiming

Shrikant Malani Page 1 of 2
34.WP.12140.2026.doc

interest, all consequential benefits be calculated by adding up the said

advance increments. Since the Petitioners are superannuated, all

consequential benefits posts recalculation, be paid to the Petitioners

within 90 days.

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

Shrikant Malani Page 2 of 2

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