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Bombay High Court

ASHOK BHIKAJI GADAGE AND OTHERSversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

Petitioners are entitled to pensionary benefits recalculated to include the annual increment of their last drawn salary, provided they served six months or more in the last year before superannuation, and no interest is payable on arrears due to belated filing.

Summary

The petitioners, retired government employees of Maharashtra, claimed that their pensionary benefits were calculated without including the annual increment of their last drawn salary and sought the difference along with arrears. The Court examined whether the pension should be recalculated to reflect the actual last salary and whether petitioners who had served at least six months in the year preceding superannuation were eligible for such benefits. Relying on earlier orders of the same Court (Writ Petition Nos. 5445/2026, 3412/2026, and 15662/2025), the judges held that the petitioners were entitled to the recalculated pension and any arrears, but not to interest due to the belated filing. The Court directed that the recalculated pension include the annual increment and that any arrears be paid within ninety days. No interest component would be awarded. The writ petitions were therefore partly allowed with the specified directions.

Issues considered

  • Whether pensionary benefits of retired government employees should be recalculated to include the annual increment of the last drawn salary.
  • Whether a petitioner who has worked for six months or more in the last year before superannuation is entitled to the difference in pensionary benefits.
  • Whether interest is payable on arrears when the petition is filed belatedly.

Subjects

  • pension
  • superannuation
  • recalculation of benefits
  • arrears
  • interest
  • writ petition
  • service law

Judgment

2026:BHC-AUG:37833-DB


                                               1                  64-WP-10207-26.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                            64 WRIT PETITION NO. 10207 OF 2026

                              ASHOK BHIKAJI GADAGE AND OTHERS
                                            VERSUS
                  THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND
                                            OTHERS
                                                ...
              Mr. Arpit S. Tarale, Advocate h/f Mr. C. K. Shinde, Advocate for the
              Petitioners
              Ms. N. B. Kamble, AGP for Respondents/State
              Mr. S. B. Pulkundwar, Advocate for Respondent Nos.3 and 4
                                                …
                            83 WRIT PETITION NO. 10229 OF 2026

                  MOHAMMAD SABIR KHAN CHAND KHAN PINJARI AND OTHERS
                                               VERSUS
                           THE STATE OF MAHARASHTRA AND OTHERS
                                                  ...
              Mr. Jitendra V. Patil, Advocate for the Petitioner
              Mr. N. S. Tekale, AGP for Respondents/State
                                                  ...
                              WRIT PETITION NO. 10485 OF 2026

                            BALIRAM BABASAHEB GARAD AND OTHERS
                                             VERSUS
                           THE STATE OF MAHARASHTRA AND OTHERS
                                                ...
              Mr. Arpit S. Tarale, Advocate h/f Mr. C. K. Shinde, Advocate for the
              Petitioners
              Mr. B. B. Bhise, AGP for Respondents/State
                                                …
                              WRIT PETITION NO. 10588 OF 2026

                           VASANT MURLIDHAR BODKHE AND OTHERS
                                             VERSUS
                           THE STATE OF MAHARASHTRA AND OTHERS
                                                ...
              Mr. Arpit S. Tarale, Advocate h/f Mr. C. K. Shinde, Advocate for the
              Petitioners
              Mr. B. B. Bhise, AGP for Respondents/State
                                                …
                              WRIT PETITION NO. 10599 OF 2026

                           BABASAHEB MOHAN ZINJURDE AND OTHERS


              SVH
                                 2                  64-WP-10207-26.odt


                               VERSUS
             THE STATE OF MAHARASHTRA AND OTHERS
                                  ...
Mr. Arpit S. Tarale, Advocate h/f Mr. C. K. Shinde, Advocate for the
Petitioners
Mr. N. S. Tekale, AGP for Respondents/State
                                  …
                WRIT PETITION NO. 10629 OF 2026

            VANDANA LALITKUMAR NANDODE AND OTHERS
                              VERSUS
              THE STATE OF MAHARASHTRA AND OTHERS
                                  ...
Mr. Amol G. Kale, Advocate for the Petitioners
Ms. N. B. Kamble, AGP for Respondents/State
Mr. S. R. Yadav Lonikar, Advocate for Respondent No.5
                                  …
                WRIT PETITION NO. 10640 OF 2026

          GIRISH GANGADHARRAO BARADKAR AND OTHERS
                              VERSUS
              THE STATE OF MAHARASHTRA AND OTHERS
                                  ...
Mr. Estling s. Murge, Advocate for the Petitioners
Mr. N. B. Kamble, AGP for Respondents/State
                                  …
                WRIT PETITION NO. 10641 OF 2026

              GOPALRAO MANIKRAO KADAM AND OTHERS
                              VERSUS
              THE STATE OF MAHARASHTRA AND OTHERS
                                  ...
Mr. Estling s. Murge, Advocate for the Petitioners
Mr. S. R. Wakle, AGP for Respondents/State
Mr. S. B. Pulkundwar, Advocate for Respondent Nos.3 and 4
                                  …

                       CORAM : NITIN B. SURYAWANSHI AND
                               ABASAHEB D. SHINDE, JJ.
                        DATE : 19th AUGUST, 2026

PER COURT :

1.    Indisputably, the issue raised in these Petitions is squarely

covered by the orders dated 3rd July, 2026 passed by the Co-



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                                   3                   64-WP-10207-26.odt


ordinate Bench of this Court at Circuit Bench at Kolhapur in Writ

Petition No. 5445 of 2026 and dated 19th June, 2026 passed in Writ

Petition No. 3412 of 2026.

2.     Reliance is also placed on the order dated 18 th March, 2026

passed by the Co-ordinate Bench of this Court at Principal Seat in

Writ Petition No. 15662 of 2025.

3.     For the reasons stated in the above mentioned orders, the

Writ Petitions are partly allowed with 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.

      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 not be entitled for the

         interest component.



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


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