Bombay High Court

RAZIYA BANO MOHAMMAD ISHAQUE SHAIKH AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal: Dismissed/Rule Discharged

Holding

Employees who have served six months or more in the year preceding superannuation are entitled to the annual increment in their pensionary benefits.

Summary

The petitioners, a group of government employees, filed writ petitions seeking the benefit of a full‑year annual increment in their pensionary benefits, arguing that they had served more than six months in the year of their superannuation. The State of Maharashtra opposed, but the respondents conceded the proposition. The Court referred to its earlier orders in Writ Petition Nos. 9413 of 2026, 3412 of 2026 and 15662 of 2025, which had adopted the same principle. Finding no dispute on the legal proposition, the Court partially allowed the petitions, directing that pension benefits be recalculated to include the annual increment for those who served six months or more in the last year, with arrears payable within 90 days and no interest for delayed claims. The orders thus grant the petitioners the monetary difference arising from the recalculated pension.

Issues considered

Whether a government employee who has served six months or more in the year preceding superannuation is entitled to the full‑year annual increment in pensionary benefits.

Subjects

pension
annual increment
superannuation
government service
writ petition
Maharashtra

Judgment

2026:BHC-AUG:37429-DB




                                               (1)                     wp10291.26


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                       911 WRIT PETITION NO. 10291 OF 2026
                 RAZIYA BANO MOHAMMAD ISHAQUE SHAIKH AND OTHERS
                                      VERSUS
            THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
                                       WITH
                       925 WRIT PETITION NO. 10329 OF 2026
                      SHANTARAM TRYAMBAK SOLANKE AND OTHERS
                                      VERSUS
              THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

           Mr. E.S. Murge, Advocate for the petitioners.
           Mr. P.S. Patil, AGP for the respondent-State.
           Mr. S.B. Munde, Advocate for respondent Nos. 4 and 5.

                                           CORAM : KISHORE C. SANT &
                                                   JITENDRA JAIN, JJ.
                                           DATE  : 18.08.2026

           PC :-

           01.          Heard learned Advocates for the parties.



           02.          These petitions are filed seeking benefit of increment for the

           entire year.     It is case of the petitioners that in the year of

           superannuation, they completed more than six months period in service.

           Since the petitioners worked for more than six months in the year, they

           should be given benefit of entire year.        Learned Advocate for the

           petitioners relies on the order dated 06.08.2026 passed by this Court in

           Writ Petition No. 9413 of 2026 with connected petitions.     This Court in
                                       (2)                     wp10291.26


the said group of matters relied upon order dated 19.06.2026 passed by

Circuit Bench at Kolhapur in Writ Petition No. 3412 of 2026. In the said

order, reference is made of order dated 18.03.2026 passed by this

Coordinate Bench of this Court at Principal Seat, Bombay in Writ Petition

No. 15662 of 2025.



03.         There is no dispute about the said proposition and the order.

Learned AGP so also learned Advocate for respondent Nos. 4 and 5 fairly

concedes to the position.



04.         Considering the above, present writ petitions are partly

allowed with following directions :-

            i)    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 (six) months or more
                  in the last year up to their superannuation.


            ii)   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.
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                   iii)     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.




         [JITENDRA JAIN, J.]                        [KISHORE C. SANT, J.]


snk/2026/Aug26/wp10291.26

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