LAWS(BOM)-2023-7-455

GAHININATH Vs. STATE MAHARASHTRA

Decided On July 26, 2023
Gahininath Appellant
V/S
STATE MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard the learned Counsel appearing for the respective parties.

(2.) The issue involved in the present petition is about grant of advance/additional increments for outstanding work vide Government Resolution dtd. 31/10/1989. It is the case of all the petitioners that on the basis of confidential reports of relevant time, they are entitled to be granted advance/additional increments, but the same were not extended on account of issuance of the Circular dtd. 3/7/2009 and the Government Resolution dtd. 24/8/2017.

(3.) The issue is no more res-integra and in various judgments of this Court, it has repeatedly been held that the Government Resolution dtd. 24/8/2017 would operate prospectively and would not have the effect of denial of advantage of getting advance increments earned prior to issuance thereof. The State Government and various Zilla Parishads had filed Review Petitions seeking review of various orders passed by this Court. It was inter alia sought to be contended in the said review petitions that even though the ultimate decision for stoppage of the scheme for advance increments might have been taken on 24/8/2017, it was earlier directed by way of Circular dtd. 3/7/2009 to undertake the exercise of pay fixation in 6th Pay Commission pay scales without taking into consideration the advance increments.