PRAFULLA SAWALARAM PARULEKAR AND ORS v. THE STATE OF MAHARASHTRA AND ORS
Government Resolutions on Pay Scales Cannot Be Applied Retrospectively to Recover Advance Increments Already Granted for Excellent Work; Recovery Ordered to Be Remitted with Interest.
Court: Bombay High Court
Citation: 2025:BHC-KOL:4237-DB
Decision Date: 11-12-2025
List of Laws
Government Resolutions (G.R.s); Retrospective Effect of Laws; Recovery of Advance Increments; Pay Scales and Allowances; Service Law
- Facts: The petitioners, employees of Zilla Parishad, Sindhudurg, were granted advance increments for excellent work. Subsequently, the Government of Maharashtra issued Government Resolutions (G.R.s) dated 24th August 2017 and 15th December 2022, revising pay scales, which resulted in the recovery of these additional increments. The petitioners, many of whom are superannuated or nearing retirement, challenged the recovery, arguing that the G.R.s should not have retrospective effect.
- Procedural Posture: The petitioners filed a writ petition in the High Court of Judicature at Bombay, Circuit Bench at Kolhapur, seeking relief against the recovery of advance increments.
- Issue: Whether the Government Resolutions (G.R.s) dated 24th August 2017 and 15th December 2022, revising pay scales, can be applied retrospectively to recover advance increments already granted to employees for excellent work.
- Holding: The High Court held that the G.R.s do not have retrospective effect, and the recovery of advance increments made by the respondent authorities is not justified. The writ petition was allowed.
- Reasoning: The Court relied on previous decisions of the Bombay High Court, including Vijaykumar Sambayya Mathpati & Ors. Vs. The State of Maharashtra & Ors., Arjuna Shamrao Patil & Ors. Vs. State of Maharashtra & Ors., Shivram Shantaram More & Ors. Vs. State of Maharashtra & Ors., Rajaram Narayan Jadhav & Ors. Vs. The State of Maharashtra & Ors., and Narayan Babanrao Pawar & Ors. Vs. State of Maharashtra & Ors., which established that the G.R. dated 24th August 2017 does not operate retrospectively. The court observed that the scheme of granting advance increments was discontinued by the G.R. of 24th August 2017, and this decision should only apply prospectively. The Court directed that the recovered amounts be remitted back to the petitioners within 45 days, failing which, the amount shall carry interest at 6% from the date of recovery. All consequential benefits, including the addition of advance increments, were to be granted, and necessary calculations were to be made for both serving and superannuated employees. The Court emphasized that there was no allegation of fraud or misrepresentation on the part of the petitioners in obtaining the increments.
🔒 For Members Only