Bombay High Court
LAXMIKANT RAGHUNATHRAO APSINGEKAR AND OTHERSversusSTATE OF MAHARASHTRA THR THE PRINCIPAL SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Government Resolution dated 24‑08‑2017 operates prospectively and does not retrospectively deny advance increments.
Summary
The petitioners, a group of government employees, sought the grant of advance increments that were denied following a Government Resolution dated 24‑08‑2017. They argued that the resolution should apply retrospectively, affecting increments awarded for outstanding work performed before that date. The Court referred to its earlier judgment in Writ Petition No.17112/2025, which held that the 2017 resolution operates only prospectively and does not retrospectively cancel previously earned advance increments. Accordingly, the Court declared the resolution prospective, ordered a verification exercise to identify eligible petitioners, and directed payment of the calculated benefits within 90 days, with no interest payable. All petitioners except numbers 13 and 14, who are superannuated, were to receive the recalculated benefits.
Issues considered
- Whether the Government Resolution dated 24‑08‑2017 operates retrospectively or prospectively with respect to advance increments.
- Whether petitioners who performed outstanding work before 24‑08‑2017 are entitled to the advance increments and consequential benefits.
Subjects
- advance increments
- prospective application
- retrospective effect
- government resolution
- 6th Pay Commission
- pay fixation
- superannuation
Judgment
2026:BHC-AUG:43065-DB
1 64.WP.12171.26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.12171 OF 2026
LAXMIKANT RAGHUNATHRAO APSINGEKAR AND OTHERS
VERSUS
STATE OF MAHARASHTRA THROUGH
THE PRINCIPAL SECRETARY AND OTHERS
...
Advocate for the Petitioners : Mr. Sudhir D. Patil
AGP for Respondents: Ms. S.S. Joshi
...
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 16.09.2026
PER COURT:
1. Indisputably, the issue raised in this petition is squarely covered
by the decision of this Court (Coram : Ravindra V. Ghuge and Ashwin
D. Bhobe, JJ.) in Writ Petition No.17112/2025 and connected matters,
dated 16/12/2025. In the said judgment this Court in paragraph No.4
has observed thus :-
“4. In various judgments of this Court, it was consistently
held that the Government Resolution dated 24/08/2017,
would operate prospectively and would not have the
effect of retrospective denial of advance increments. The
State Government and various Zilla Parishads had filed
Review Petitions seeking review of various orders passed
by this Court. It was inter-alia sought to be contended in
the said review petitions that, even though the ultimate
decision for stoppage of the scheme for advance
increments might have been taken on 24/08/2017, it
was earlier directed by way of a Circular dated
03/07/2009, to undertake the exercise of pay fixation as
2 64.WP.12171.26.odt
per the 6th Pay Commission Pay scales, without taking
into consideration the advance increments.”
2. For the reasons stated in the said decision, this writ petition
is disposed of with the declaration that the G.R. dated 24/08/2017
would apply prospectively. The concerned Authorities would carry
out a verification exercise and assess as to which of the Petitioners
have been held entitled for the grant of advanced increments after
having been declared to have performed outstanding/excellent
work, prior to 24/8/2017. Those Petitioners who are found
eligible, would be granted the said benefits and all consequential
benefits would be calculated by adding up the advanced
increments. As all the Petitioners except petitioner Nos.13 and 14
are superannuated all the consequential benefits post
recalculation, would be paid to the retired petitioners as well as in
service petitioners within 90 days. No interest is granted on the
amounts payable.
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.)
habeeb/
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