Bombay High Court

CHANDRAKANT SHRIPATRAO SAVANGIKAR AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court held that the 2017 Government Resolution applies prospectively and the petitioners are entitled to advance increments for work done before that date, with benefits to be paid within 90 days to superannuated petitioners and no interest payable.

Summary

The Bombay High Court heard a batch of writ petitions filed by various government employees seeking entitlement to advance increments for work performed before the Government Resolution dated 24 August 2017. The Court observed that the matters were already decided in Writ Petition No. 9967 of 2021 and Writ Petition No. 10947 of 2022, which held that the 2017 resolution applies only prospectively. Accordingly, the petitioners were declared eligible for the advance increments for outstanding work done prior to that date, but no interest was payable. The Court directed that the consequential benefits be calculated by simply adding the advance increments. For petitioners who had already superannuated, the Court ordered that the recalculated benefits be paid within ninety days. The writ petitions were therefore disposed of with the above directions.

Issues considered

Whether the Government Resolution dated 24 August 2017 applies prospectively to the petitioners
Whether the petitioners are entitled to advance increments for work performed before 24 August 2017
Whether interest is payable on the calculated benefits
How and when the consequential benefits should be paid, especially to superannuated petitioners

Subjects

government resolution
advance increments
prospective application
writ petition
service benefits
superannuation
interest
payment timeline

Judgment

2026:BHC-AUG:37872-DB


                                            1                  103-WP-10072-26.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                             WRIT PETITION NO. 10072 OF 2026

                             PRAKASH RAJARAM PATIL AND ANOTHER
                                             VERSUS
                           THE STATE OF MAHARASHTRA AND OTHERS
                                               ...
              Mr. Sandeep B. Sontakke, Advocate for the Petitioner
              Mr. B. B. Bhise, AGP for Respondents/State
                                               ...
                               WRIT PETITION NO. 6320 OF 2024

                     CHANDRAKANT SHRIPATRAO SAVANGIKAR AND OTHERS
                                             VERSUS
                           THE STATE OF MAHARASHTRA AND OTHERS
                                               ...
              Mr. Sandeep B. Sontakke, Advocate for the Petitioner
              Mr. N. S. Tekale, AGP for Respondents/State
                                               …
                              WRIT PETITION NO.10405 OF 2026

                         HARIDASAN GOVINDAN KANNOLI AND OTHERS
                                            VERSUS
                          THE STATE OF MAHARASHTRA AND OTHERS
                                               ...
              Mr. Sandip R. Andhale, Advocate for the Petitioner
              Mr. M. K. Goyanka, AGP for Respondents/State
                                               …
                             WRIT PETITION NO.10406 OF 2026

                                   VISHNU DATTATRAO KARLE
                                            VERSUS
                           THE STATE OF MAHARASHTRA AND OTHERS
                                               ...
              Mr. Sandeep B. Sontakke, Advocate for the Petitioner
              Mr. S. R. Wakle, AGP for Respondents/State
                                               …
                             WRIT PETITION NO. 10407 OF 2026
                         DEVIDAS SUKDEO SURYAWANSHI AND OTHERS
                                           VERSUS
                          THE STATE OF MAHARASHTRA AND OTHERS
                                              ...
              Mr. Sandeep B. Sontakke, Advocate for the Petitioner
              Ms. N. B. Kamble, AGP for Respondents/State
                                              …


              SVH
                                  2                   103-WP-10072-26.odt


               WRIT PETITION NO. 10408 OF 2026

                        NAYAB RAOJI PAWDE
                              VERSUS
             THE STATE OF MAHARASHTRA AND OTHERS
                                ...
Mr. Sandeep B. Sontakke, Advocate for the Petitioner
Mr. S. K. Tambe, AGP for Respondents/State
                                …
                        CORAM : NITIN B. SURYAWANSHI AND
                                ABASAHEB D. SHINDE, JJ.
                         DATE : 17th AUGUST, 2026

PER COURT :

1.          Indisputably, the issue raised in these petitions 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

Petitions are 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 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.)


SVH

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