RAMKRUSHNA SHAURAO MISAL AND OTHERSversusTHE STATE OF MAHARASHTRA THR ITS CHIEF SECRETARY AND OTHERS

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           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                 72 WRIT PETITION NO. 10146 OF 2026

             Ramkrushna Shaurao Misal And Others
                            VERSUS
   The State Of Maharashtra Through Its Chief Secretary And
                             Others
                               ...
Mr. Ankush N. Nagargoje, Advocate for the Petitioners
Mr. N. S. Tekale, AGP for Respondents/State
                               ...
                   CORAM : NITIN B. SURYAWANSHI &
                             ABASAHEB D. SHINDE, JJ.
                   DATE : 18th AUGUST 2026
P. C. :-

1.         Rule. Rule made returnable forthwith and heard finally by

the consent of the parties.

2.         The Petitioners have put forth prayer Clauses (A), (B), (C)

and (D) as under :

       “A) For a writ of mandamus, Order or direction in the nature of
       mandamus, directing the respondents/concerned authorities to give
       the Last Annual Increments to the petitioners on the ground that the
       petitioners have rendered more than six months service in the last
       year of their retirement.
       B) For a writ of mandamus, Order or direction in the nature of
       mandamus, directing the respondents/concerned authorities to re-
       calculate the retirement benefits by including last annual increments
       and to pay all the retirement benefits to the petitioners along with
       arrears within a such stipulated period as this Hon’ble Court may
       deem, fit and proper.
       C) Pending hearing and the final disposal of the present Writ Petition,
       the respondents/concerned authorities may kindly be directed to re-
       calculate the retirement benefits of the petitioners by giving last
       annual increments to the petitioners and pay all retirement benefits
       forthwith.”

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3.        The issue raised by these Petitioners is no longer res

integra. Under the 6th Pay Commission, the year for accounting

the annual increments is from 1st July up to the 30th day of June

of the next year. The issue as to whether a candidate would be

entitled for such increment if he/she superannuates on 30 th

June, was dealt with by several Courts.


4.        By a judgment dated 4th May, 2022 delivered in Writ

Petition No.14632 of 2021 at Aurangabad in Balaji Manikrao

Biradar vs. State of Maharashtra & Ors. , led to the conclusion

that since this increment is not an advance increment, but is an

increment which is payable after completing one year of

employment, notwithstanding that a candidate superannuates

after office hours on 30th June, he is deemed to have earned the

annual increment and, therefore, the increment is payable.


5.        Several orders/judgments delivered by this Court were

assailed before the Hon’ble Supreme Court and the same have

been sustained. A large bunch of cases were taken up for

adjudication by the Hon’ble Supreme Court in Director (ADMN.

and HR) KPTCL vs. V. C. P. Mundinamani1, and it was concluded

that the said increment is earned by an employee for working

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over one year and hence, the employee is entitled to an

increment even if he/she retires on 30th June of a particular year.



6.        Insofar as cases wherein an employee may have worked

for a lessor duration during one year, Rule 10 of the

Maharashtra Civil Services (Revised Pay), Rules, 2009 would

cover cases of employees who have worked for six months and

above in the revised pay structure as on 1 st July, and would also

be entitled for the increment. All those Petitioners who have

worked for six months and above in a particular year, would be

entitled for the benefits of the annual increment and their

retirement dues would be calculated by reckoning such

increment while calculating their last drawn wages.


7.        In view of the above, this Petition is partly allowed with

the following directions:-

     (a) The Petitioners would be entitled for monetary

     benefits/difference of pensionary benefits as per the actuals

     w.e.f. their respective dates of superannuation, provided

     they have worked for 6 months or more in the last year up

     to their superannuation.



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     (b) The pensionary benefits of the Petitioners would be

     recalculated by including the annual increment in their last

     drawn salary prior to their superannuation and such

     recalculated pensionary benefits shall be payable to them.


     (c) Arrears if any, shall be paid to them within a period of 90

     days. Many of the Petitioners have approached belatedly

     before this Court and, therefore, akin to the orders passed in

     several matters, they would be not entitled for the interest

     component.


8.        At this stage, learned Advocate for the petitioners submits

that some of the petitioners are granted the benefits of one

notional increment by the learned District Judge, if that is so,

this order would not be applicable to all those petitioners who

have already received the benefits.




(ABASAHEB D. SHINDE, J.)                (NITIN B. SURYAWANSHI, J.)




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