Bombay High Court

BALASAHEB SANDUJI AHERKAR AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The 24 August 2017 Government Resolution applies prospectively, but petitioners are entitled to advance increments for work done before that date, with all recalculated benefits payable within 90 days.

Summary

The petitioners, a group of government employees, sought entitlement to advance increments for work performed before 24 August 2017, arguing that the Government Resolution dated that day should apply retrospectively. The State of Maharashtra contended that the resolution was prospective and that the petitioners were not eligible for such benefits. The Court noted that the matter had already been decided in earlier writ petitions (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 that date, with all consequent benefits to be calculated by adding those increments. Since no interest was claimed, the recalculated benefits, including post‑superannuation amounts, 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 post‑superannuation payments, should be calculated and disbursed.

Subjects

government resolution
advance increments
prospective application
service benefits
writ petition
superannuation

Judgment

2026:BHC-AUG:42670-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

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