PRAFULLA SAWALARAM PARULEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Feeling aggrieved by the individual recovery of advance increments granted towards excellent work, the Petitioners have filed present Petition contending that the Government Resolutions (G.R.s) dtd. 24/8/2017 and 15/12/2022 do not have retrospective effect.

(2.) The Petitioners have been working under the establishment of Zilla Parishad, Sindhudurg on various posts including Peon, Senior Assistant, Assistant Teacher, Headmaster, Extension Officer, Village Development Officer, 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 dtd. 24/8/2017 and 15/12/2022, thereby revising the pay-scales which in fact caused recovery of the additional increments granted to the Petitioners. This adversely affected the pay scales of the Petitioners.

(3.) 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 dtd. 24/8/2017 and 15/12/2022 have no retrospective effect. The Petitioners relied upon the decision of this Court (Aurangabad Bench) in the case of Vijaykumar Sambayya Mathpati and Ors. Vs. The State of Maharashtra and Ors. Writ Petition No. 6317 of 2019 and Other connected Petitions, dtd. 6/6/2019., wherein it has held that the G.R. dtd. 24/8/2017 has no retrospective effect and that the benefit awarded to the Petitioners therein for excellent work in the year 2006 to 2009, shall not be withdrawn, and if any recovery was made pursuant to the same, that has to be refunded to the Petitioners.