KISHOR RAMDAS BADHEversusTHE STATE OF MAHARASHTRA AND OTHERS

2026:BHC-AUG:39783-DB
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                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                               WRIT PETITION NO. 6010 OF 2026

                                  KISHOR RAMDAS BADHE
                                         VERSUS
                          THE STATE OF MAHARASHTRA AND OTHERS

                                                 ...
                         Advocate for the Petitioner : Mr. Vishnu B. Madan
                           AGP for Respondent/State : Mr. V.M. Kagne
                                                 ...

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


                                  DATE           : 01.09.2026


             PER COURT:

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

             by the decision at Principal Seat of this Court in Writ Petition

             No.12665 of 2025. In the said order, this Court, has quoted

             observations of the Co-ordinate Bench, in the case of “State of

             Maharashtra and Another V/s Rupchand Narayan Shinde and Others”

             in Review Application (Civil) No. 170 of 2022, which read thus:

                        “12. After having heard learned Counsels at length, we
                        find that the review applicants have not been able to
                        point out any specific instructions issued prior to
                        24.08.2017/04.09.2018 for discontinuation of the
                        schemes for grant of advance increments. Government
                        Resolution dated 27.02.2009 and Circular dated
                        03.07.2009 do not indicate that any final decision was
                        taken for discontinuation of schemes for advance
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increments. We proceed to examine the Government
Resolution dated 27.02.2009 and Circular dated
03.07.2009 in details.

13. Government Resolution dated 27.02.2009 came to
be issued by the State Government essentially for
conveying the decision of the State Government about
acceptance or otherwise of various recommendations
made by the Hakim Committee constituted for
implementation of recommendations of the 6th Central
Pay Commission. In Annexure to the said Government
Resolution, each recommendation and decision of the
State Government thereon have been enumerated. So far
as the scheme for advance increment is concerned, the
same is to be found at serial number 27 of the Annexure
(para 3.24 of Committees Report). In that paragraph, the
Committee recommended that for employees / officers
rendering outstanding service, increment @ 4% be
awarded instead of 3% and such increment be granted
once in 5 years. It was further recommended that since
increment at higher rate was being granted, the then
existing scheme for grant of one or two advance
increments be discontinued. However, in the column
‘Decision of State Government’ against para 3.24, remark
is made stating that ‘separate action would be taken by
General Administration Department’. As against various
other recommendations, the remark ‘accepted’ has been
made. The recommendation made in para 3.24 by the
Hakim Committee was not accepted at least on the date
of issuance of Government Resolution dated 27.02.2009
and General Administration Department was to take
decision thereon separately. Thus, it cannot be inferred
that any specific decision was taken by the State
Government on 27.02.2009 for discontinuation of scheme
for grant of advance increment. Therefore, we do not find
that the orders under review need to be disturbed on the
basis of the Government Resolution dated 27.02.2009.

14. Now, we come to the Circular dated 03.07.2009. By
the said Circular, it was directed that the issue of
discontinuation of scheme for grant of advance increment
was under consideration with the State Government and
that some time was required for taking final decision.
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Therefore, it was further directed that temporarily the pay
fixation of the employees in the 6th Pay Commission
scales be made without considering the advance
increments. Thus, the Circular dated 03.07.2009 was
clearly issued as a temporary measure. The said circular
did not communicate any decision to the effect that the
State Government discontinued the scheme for grant of
advance increments. Therefore, we find that the reliance
of Mr. Dixit on the Circular dated 03.07.2009 is again of
no avail.

15. We have carefully gone through the Government
Resolution dated 24.08.2017 and Circular dated
04.09.2018. By the Government Resolution dated
24.08.2017, final decision came to be taken in respect of
recommendation made by the Hakim Committee in para
3.24 of its report directing that during the period from
01.10.2006 to 01.10.2015 when revised pay scale as per
6th Pay Commission were admissible, the benefit of
advance increments should not be granted. Thus, the final
decision on para 3.24 of Committees Report was taken by
the State Government only on 24.08.2017. However,
instead of simply directing that the scheme for grant of
advance increments is discontinued, the State
Government sought to give retrospective effect to its
decision by directing that the benefit of such advance
increments be not given during the period form
01.10.1006 to 01.10.2015. While issuing such orders
having retrospective effect, the State Government lost
sight of the fact that several employees were already
granted the benefit of advance increments during the
relevant period. As we have observed earlier, the
deliberations for discontinuation of the scheme started
only on 27.02.2009 / 03.0.2009 and prior to that,
admittedly, the issue of discontinuation of the scheme for
grant of advance increment was not even under
consideration. The instructions for temporarily doing pay
fixation without advance increments were issued on
03.07.2009. This means that several employees must
have already been granted advance increments during the
period from 01.10.2006 to 03.07.2009. We, therefore, fail
to comprehend as to how the State Government could
have issued directions on 24.08.2017 that the benefit of
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             advance increments should not be granted from
             01.10.2006 onwards. Even in respect of employees
             becoming eligible for grant of advance increments after
             27.02.2009, we do not find any error in the view taken by
             this Court that the Government Resolution dated
             27.08.2017 would only have prospective effect.”


2.        This Court, therefore, held that it is now well settled position

that the scheme of grant of advance increments was discontinued for

the first time by the Government Resolution, dated 24/08/2017 and

that, such decision would only operate prospectively.


3.        In view of aforesaid, we dispose of the Writ Petition by declaring

that the, Government Resolution dated 24.08.2017 would apply

prospectively. The Petitioner is held to be eligible for grant of advance

increments for outstanding work, prior to 24/08/2017. Since the

Petitioner is not claiming interest, all consequential benefits be

calculated by adding up the said advance increments. Since the

Petitioner      is   superannuated,    all   consequential   benefits     post

recalculation be paid to him, within 90 days.



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




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