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.)
habeeb/
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