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Bombay High Court

BALIRAM BABASAHEB GARAD AND OTHERSversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

Pensionary benefits must be recalculated on the basis of the actual last drawn salary including the annual increment, subject to a minimum of six months' service in the last year, and arrears must be paid within 90 days without interest for belated petitions.

Summary

The petitioners, former government employees of Maharashtra, filed multiple writ petitions challenging the calculation of their pensionary benefits, alleging that the last drawn salary and annual increments were not properly accounted for. The Court examined earlier orders of the same bench (Writ Petition Nos. 5445/2026, 3412/2026, and 15662/2025) which dealt with similar pension disputes. It held that pension benefits must be computed on the actual last drawn salary inclusive of the annual increment, provided the petitioner had rendered at least six months of service in the year preceding superannuation. The Court directed that any arrears be paid within ninety days, but denied interest on delayed claims as the petitions were filed belatedly. Consequently, the petitions were partly allowed with specific directions on recalculation and payment of pension benefits.

Issues considered

  • What is the correct method for calculating pensionary benefits for retired government employees?
  • Whether the annual increment in the last drawn salary should be included in the pension calculation?
  • Eligibility criteria concerning service period in the last year before superannuation?
  • Whether interest is payable on arrears when the petition is filed after a delay?

Subjects

  • pension
  • superannuation
  • government employees
  • arrears
  • interest
  • writ petition
  • pension calculation

Judgment

2026:BHC-AUG:37835-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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