Bombay High Court
MOHAMMAD SABIR KHAN CHAND KHAN PINJARI AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court held that petitioners are entitled to pension benefits recalculated on the basis of their actual last drawn salary including the annual increment, payable within 90 days, and that no interest is payable on arrears due to the belated filing of the petitions.
Summary
The Bombay High Court, Aurangabad Bench, heard a series of writ petitions filed by former government employees seeking correction of their pension benefits. The petitioners argued that their pensions should be calculated on the basis of the actual last drawn salary, including the annual increment, and that they were eligible for arrears provided they had worked at least six months in the final year before superannuation. The Court referred to its earlier orders in Writ Petitions No. 5445/2026, 3412/2026 and 15662/2025, and held that the petitioners were entitled to the recalculated pensionary amounts. It directed that the revised pension, reflecting the annual increment, be paid within 90 days, and that any arrears be discharged without interest because many petitions were filed belatedly. The petitions were therefore partly allowed with the specified directions.
Issues considered
- Whether pension benefits of former government employees should be calculated on the basis of the actual last drawn salary including the annual increment
- Whether petitioners who have worked at least six months in the last year before superannuation are eligible for monetary benefits and arrears
- Whether interest is payable on arrears when petitions are filed belatedly
Subjects
- pension
- superannuation
- arrears
- interest
- writ petition
- civil service
- recalculation
- eligibility
- Maharashtra
Judgment
2026:BHC-AUG:37834-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-
SVH
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.)
SVH
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