1 17wp1555.2021.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 1555 OF 2021 Shri Mohankishor Umraosingh Gautam Vs Maharashtra Animal & Fisheries Sciences University , Seminary Hills, Nagpur through its Registrar and others. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. Prakash D. Meghe, counsel for petitioner. Mr. K.R. Patil, counsel for respondent No.1. Mr. H.D. Marathe, AGP for respondent/State. CORAM : ANIL S. KILOR and RAJ D. WAKODE, JJ. DATE : 04 /03/2026 1. Heard. 2. The petitioner, who was awarded with one advance increment w.e.f. 03/12/2009, as the petitioner was conferred with “Best Worker Award” for Class-IV and Class III employees up to ASO vide notification dated 31/03/2009, came to be withdrawn by relying upon the Government Resolution dated 24/08/2017 by applying the same retrospectively. Thus, the only question arises for consideration in this petition is whether Government Resolution dated 24/08/2017 is applicable retrospectively or not. 3. This issue is no more res-integra as the Aurangabad Bench of this Court, in the case of (Raghunath Dhondiba Hanumante and others Vs State of Maharashtra and others in Writ Petition No. 10993 of 2019) in connected writ petitions decided on 05/09/2019, and in the case of Dilip Sambhaji Malve and others Vs State of Maharashtra, decided on 21/08/2019, has held that in the above-referred rkn 2 17wp1555.2021.odt Government Resolution will apply prospectively and not retrospectively. 3. In that view of the matter, recovery initiated against the petitioner vide impugned communications dated 01/12/2020 and 07/12/2020 is illegal and cannot be permitted to subsist. Hence, we proceed to pass the following order: ORDER a] The writ petition is allowed. b] The communications dated 01/12/2020 and 07/12/2020 are hereby quashed and set aside. b] Furthermore, it is directed that, if any recovery is made, the same shall be amount to the extent recovery made the same shall be refund back to the petitioner within a period of three months from today. (RAJ D. WAKODE, J.) (ANIL S. KILOR, J.) rkn