Bombay High Court

CHANDRAKANT TRYAMBAK MAHAJAN AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The Government Resolution dated 24 August 2017 applies prospectively, entitling petitioners to advance increments for work done before that date but not to interest, with all consequential benefits to be paid within 90 days.

Summary

The petitioners sought advance increments and related benefits for work performed before 24 August 2017, challenging the applicability of a Government Resolution dated that day. The Court noted that the matter had already been decided in earlier writ petitions (Nos. 9967 of 2021 and 10947 of 2022). Relying on those decisions, the Court held that the resolution applies only prospectively, granting the petitioners the advance increments for work done prior to the resolution but not any interest. It ordered that all consequential benefits, including those for petitioners who have superannuated, be recalculated and paid within 90 days. The writ petitions were therefore disposed with a declaration of the prospective operation of the resolution.

Issues considered

Whether the Government Resolution dated 24 August 2017 should apply retrospectively or prospectively to the petitioners' claim for advance increments.
Whether the petitioners are entitled to interest on delayed payment of the increments.
How to calculate and disburse consequential benefits for petitioners, including those who have superannuated.

Subjects

Government Resolution
Advance Increment
Prospective Application
Writ Petition
Superannuation
Interest

Judgment

2026:BHC-AUG:42671-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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