Bombay High Court
Manojkumar Ulhasrao Wadgaonkar And ... vs The State Of Maharashtra And Others on 23 January, 2019
Author: Prasanna B. Varale
Bench: Prasanna B. Varale
(1) wp969.19
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.969 OF 2019
MANOJKUMAR ULHASRAO WADGAONKAR AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
Mr.Amol N. Kakade, Advocate for the petitioners.
Mr.S.S. Dande, AGP for respondent/State.
CORAM : PRASANNA B. VARALE &
S.M.GAVHANE,JJ.
DATED : 23.01.2019 P.C. :- 1. Heard Mr.Kakade, learned Counsel for the petitioners. The petitioners are working as Laboratory
Attendant in various departments of respondent No.4 - University. The submission is that certain monetary benefits were provided to these petitioners by way of Government Policy, firstly in the form of Government Resolution dated 6.07.2009 and subsequently by the Government Resolution issued by the Higher and Technical Education Department dated 07.04.2011. Mr. Kakade, learned Counsel then by inviting our attention to the copy of Government Resolution dated 17.12.2018 submitted ::: Uploaded on - 25/01/2019 ::: Downloaded on - 26/01/2019 01:01:12 ::: (2) wp969.19 before us that the State Government by giving retrospective effect, cancelled various resolutions / circulars including Government Resolutions dated 06.07.2009 and 07.04.2011 and in the decision of the State Government referred to in the Government Resolution, it is stated that the State Government is undertaking exercise of re-fixation of pay-scale quantifying the amount which is additionally granted to the persons like petitioners and settling a new mode and formality. Learned Counsel submits that the apprehension in the minds of the petitioners is that taking recourse to these Government Resolution, the respondent authority may seek recovery from these petitioners. It is submitted by Mr. Kakade, learned Counsel that firstly withdrawal of the benefits or re-fixation of the pay-scale is without giving any opportunity to the petitioners and secondly these benefits are granted by the State Government in its own wisdom. As such the recovery of benefits would be unsustainable.
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(3) wp969.19
2. Issue notice to the respondents, returnable on 03.04.2019.
3. Learned AGP waives notice for respondent Nos. 1,2 and 3.
4. Till the returnable date, respondent No.4 - University not to seek recovery from the petitioners.
[S.M.GAVHANE,J.] [PRASANNA B. VARALE,J.] snk/2019/JAN19/wp969.19 ::: Uploaded on - 25/01/2019 ::: Downloaded on - 26/01/2019 01:01:12 :::