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Bombay High Court

SALUBA VITTHALRAO PANDAV AND ORSversusTHE STATE OF MAHARASHTRA THROUGH SECRETARY AND ORS

Disposal
DISPOSED OFF

Holding

The 2017 Government Resolution is prospective in nature and cannot retrospectively withdraw benefits already granted; any recovery made must be refunded.

Summary

The petitioners were awarded certificates of excellent work and advance increments for the years 2006‑2008 and received the corresponding payments. A later Government Resolution dated 24‑08‑2017 sought to withdraw those benefits and recover the amounts already paid. The petitioners challenged the retrospective application of the resolution. The Court examined earlier decisions of the same Bench and held that the 2017 resolution can only have prospective effect and cannot retrospectively cancel benefits already granted. Consequently, any recovery made under the resolution must be refunded to the petitioners. The writ petition was allowed.

Issues considered

  • Whether a Government Resolution dated 24‑08‑2017 can retrospectively withdraw certificates of excellent work and advance increments granted for 2006‑2008.
  • Whether recovery of amounts already paid under those benefits is permissible.

Subjects

  • certificate of excellent work
  • advance increments
  • retrospective effect
  • prospective effect
  • government resolution
  • recovery of payments
  • administrative law
  • writ petition

Judgment

2026:BHC-AUG:34905-DB
                                             1                           32.WP.9260.26.odt

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                               WRIT PETITION NO. 9260 OF 2026

                               1. SALUBA VITTHALRAO PANDAV
                               2. LIMBRAJ KESHAVRAO GIRAM
                               3. RAMSING ANANTSING CHAVAN
                               4. KSHIRSAGAR SUDHAKAR VASANTRAO
                               5. DNYANOBA DHONDIBA MASKE
                               6. SAHEBARAO KESHVRAO CHABUKSWAR
                               7. KALYAN GANGADHARRAO SHAHANE
                               8. KAUTIK SHAMRAO DAMODAR
                                           VERSUS
                                THE STATE OF MAHARASHTRA
                              THROUGH SECRETARY AND OTHERS

                                                ...
                    Advocate for the Petitioners: Mr. Vaibhav B. Kulkarni h/f.
                                                  Ms. Neeta Joshi
                           AGP for Respondents: Ms. V.S. Chaudhari
                                                ...

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


                                   DATE          : 06.08.2026


             PER COURT:

             1.           The issue raised in this petition is squarely covered by the

             decisions of this Court in Writ Petition No.12699/2018, Writ Petition

             No.12124/2019 and the decision of the Principal Seat in Writ Petition

             (ST) No.3628/2020.

             2.           For the reasons stated in the above mentioned orders, the

             writ petition is allowed as follows :
                                 2                            32.WP.9260.26.odt

   I)     It is submitted that, petitioners in the instant petition are
          awarded certificate of excellent work and advance
          increments in the year 2006 to 2008. They were given
          benefit of advance increments and same was also paid.
          However, now for some of the petitioners recovery is
          claimed and for some of the petitioners benefit is not
          extended. If the petitioners are already granted certificate
          of excellent work in the year 2006, 2007 and 2008, the
          same cannot be withdrawn retrospectively on the basis of
          subsequent Government Resolution.


   II)    The same view was taken by us in Writ Petition No.1954 of
          2018 with other connected Writ Petitions under order dated
          25.01.2019.


   III) The Government Resolution dated 24.08.2017 will have
          prospective effect and not retrospective and if benefit was
          accorded to petitioners of excellent work in the year 2006,
          2007 and 2008, shall not be withdrawn and if any recovery
          is made pursuant to the same, same shall be refunded to
          the petitioners.



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


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