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Judgment
Feeling aggrieved by the individual recovery of advance increments granted towards excellent work, the Petitioners have iled present Petition contending that the Government Resolutions (G.R.s) dated 24th August 2017 and 15th December 2022 do not have retrospective efect.
The Petitioners have been working under the establishment of Zilla Parishad, Sindhudurg on various posts including Peon, Senior Assistant, Assistant Teacher, Headmaster, Extension Oicer, Village Development Oicer, Gramsevak and Health Worker etc. The Petitioners submit that they had been appointed by following due process of law. Most of the Petitioners are now superannuated and few are on the verge of their retirement. The Petitioners would submit that following the 6th Pay Commission, the Government of Maharashtra issued G.R.s dated 24th August 2017 and 15th December 2022, thereby revising the pay-scales which in fact caused recovery of the additional increments granted to the Petitioners. This adversely afected the pay scales of the Petitioners.
Petitioners would submit that their pay has been revised by deducting the additional increments those were granted to them. That, in number of Writ Petitions this Court has held that the G.R.s dated 24th August 2017 and 15th December 2022 have no retrospective efect. The Petitioners relied upon the decision of this Court (Aurangabad Bench) in the case of Vijaykumar Sambayya Mathpati & Ors. Vs. The State of Maharashtra & Ors.1, wherein it has held that the G.R. dated 24th August 2017 has no retrospective efect and that the beneit awarded to the Petitioners therein for excellent work in the year 2006 to 2009, shall not be withdrawn, and if any recovery was made pursuant to the same, that has to be refunded to the Petitioners.
The Petitioners would place reliance on an Order dated 17th October 2024 passed by this Court (Principal Seat) in Arjuna Shamrao Patil & Ors. Vs. State of Maharashtra & Ors.2, wherein this Court also held that the G.R. dated 15th December 2022 had no retrospective efect. This Court while holding that the G.R. dated 15th December 2022 had no retrospective efect, also held the Petitioners therein were entitled for the consequential reliefs. The re-ixation of pay deducting the increment amount was held to be incorrect.
The Petitioners also placed reliance on Judgment and Order dated 3rd December 2024 passed by this Court (Principal Seat) in the cases of Shivram Shantaram More & Ors. Vs. State of Maharashtra & Ors.3 and Rajaram Narayan Jadhav & Ors. Vs. The State of Maharashtra & Ors.4.
In identical case, this Court at Kolhapur Circuit Bench in the case of Narayan Babanrao Pawar & Ors. Vs. State of Maharashtra & Ors.5, in para Nos.3 to 5, has observed as follows :
“3.In our opinion, the controversy in the present case is squarely covered by the decision of this Court in the case of Rajaram Narayan Jadhav and others Vs. The State of Maharashtra and others in Writ Petition No.5162 of 2025 and Baban Mahadev Malave and others Vs. The State of Maharashtra and others, Writ Petition No. 5245 of 2025 decided on 30th April, 2025 (Principal Seat).
4.This Court had clearly observed in paragraph 8 that the scheme of grant of advance increments was discontinued for the irst time by the Government Resolution dated 24th August, 2017 and that, such decision would only operate prospectively. The Petitioners in this Petition are held to be eligible for grant of advance increments for outstanding work, prior to 24th August, 2017.
5.Learned Counsel for the Petitioner submits that in some cases the amount of advance increment was recovered. In respect of those Petitioners, the recovered amount shall be paid to the Petitioners within 45 days failing which, the amount shall carry interest @ 6% from the date of recovery. All consequential beneit by adding of said advance increment to be granted. Necessary calculation in respect of those employees who are in service as well as those who are superannuated be accordingly efected.”
It’s not the case of the respondent authorities that the increments or the additional pay beneits, as the case may be, were conferred upon the Petitioner by any fraud, misrepresentation on the part of the petitioners.
In view of the above, we have no hesitation to pass the following
Order :
The Writ Petition stands allowed.
Recovery made by the Respondents-Authorities from the Petitioners referring to G.R. dated 24th August 2017 and 15th December 2022, as the case may be, be remitted back to the Petitioners within 45 days from the date of receipt of this Order.
Failure to remit back such amount within 45 days from the receipt of this Order, such amount shall carry interest at the rate of 6% from the date of recovery.
All consequential beneits by adding such advance increments be granted.
Necessary calculation in respect of those employees, who are in service as well as those who are superannuated be accordingly efected.
Petitioners to pay court fees, deicit if any.
Footnotes
- 1.Writ Petition No. 6317 of 2019 & Other connected Petitions, dated 6 June 2019.
- 2.Writ Petition No. 10706 of 2024, dated 17 October 2024.
- 3.Writ Petition No. 19 of 2024, dated 3 December 2024.
- 4.Writ Petition No. 5162 of 2025 & connected Petition, dated 30 April 2025.
- 5.Writ Petition (St.) No. 27575 of 2025, dated 4 September 2025.