Bombay High Court
KAMALAKAR VINAYAKRAO DESHMUKH AND OTHERSversusTHE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court held that petitioners are entitled to pension recalculated on the basis of the notional annual increment, with arrears payable within 90 days but without interest.
Summary
A large group of writ petitions filed by retired government employees of Maharashtra sought recalculation of their pension benefits by including the notional annual increment in their last drawn salary. The petitioners argued that they were entitled to such benefits provided they had served at least six months in the year preceding superannuation. The High Court examined earlier orders of its coordinate bench in Writ Petitions No. 5445/2026, 3412/2026 and 15662/2025, which dealt with the same question. Relying on those precedents, the Court held that the pensionary benefits must be recomputed with the annual increment and awarded the difference, with arrears to be paid within ninety days. However, because many petitioners approached the Court belatedly, no interest on arrears was granted. The petitions were therefore partly allowed.
Issues considered
- The method of calculating pension for retired government employees – whether the notional annual increment should be included in the last drawn salary.
- Eligibility criteria for entitlement to the recalculated pension, specifically the requirement of six months of service in the last year before superannuation.
- Whether interest is payable on arrears of pension where the petition is filed after a delay.
Subjects
- pension
- notional increment
- superannuation
- arrears
- writ petition
- civil service
- Maharashtra
Judgment
2026:BHC-AUG:37987-DB
*1* 34+ notional increment matters group
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
34 WRIT PETITION NO. 9963 OF 2026
Jalindar Maruti Sole
VERSUS
The State Of Maharashtra Through The Secretary And Others
...
Mr. Pankaj S. Kokane, Advocate for the Petitioner
Mr. S. K. Tambe, AGP for Respondents/State
…
AND
36 WRIT PETITION NO. 9966 OF 2026
Bhausaheb Ravsaheb Humbe And Others
VERSUS
The State Of Maharashtra Through The Secretary And Others
...
Mr. Pankaj S. Kokane, Advocate for the Petitioner
Mr. V. M. Kagne, AGP for Respondents/State
…
AND
39 WRIT PETITION NO. 9969 OF 2026
Babanrao Angadrao More And Others
VERSUS
The State Of Maharashtra Through Secretary And Others
...
Mr. Pankaj S. Kokane, Advocate for the Petitioner
Ms. N. B. Kamble, AGP for Respondents/State
…
AND
65 WRIT PETITION NO. 10139 OF 2026
Kishor Babulal Chitte And Others
VERSUS
The State Of Maharashtra Through Its Principal Secretary And
Others
Narwade
*2* 34+ notional increment matters group
...
Mr. Jitendra Vijay Patil, Advocate for the Petitioner
Mr. S. R. Wakle, AGP for Respondents/State
…
AND
77 WRIT PETITION NO. 10151 OF 2026
Shaikh Iqbal Shaikh Yusuf And Another
VERSUS
The State Of Maharashtra Through Its Principal Secretary And
Others
...
Mr. Jitendra Vijay Patil, Advocate for the Petitioner
Mr. S. K. Tambe, AGP for Respondents/State
...
AND
86 WRIT PETITION NO. 10164 OF 2026
Vitthal Krishna Chitrav And Others
VERSUS
The State Of Maharashtra Through Its Secretary And Others
...
Mr. Sanjaykumar B. Bhosale, Advocate for the Petitioner
Mr. S. K. Tambe, AGP for Respondents/State
Mr. B. B. Bhise, Advocate for Respondent Nos. 5 & 6
…
AND
918 WRIT PETITION NO. 10507 OF 2026
Devidas Narhari Netake And Others
VERSUS
The State Of Maharashtra Through Its Secretary And Others
...
Mr. Bhosale Sanjaykumar B., Advocate for the Petitioner
Mr. M. K. Goyanka, AGP for Respondents/State
Mr. B. B. Bhise, Advocate for Respondent Nos.5 to 7
…
AND
919 WRIT PETITION NO. 10509 OF 2026
Sambhaji Govindrao Sindge And Others
VERSUS
Narwade
*3* 34+ notional increment matters group
The State Of Maharashtra And Others
...
Mr. Choudhari Abhijit G., Advocate for the Petitioner
Mr. V. M. Kagne, AGP for Respondents/State
…
AND
920 WRIT PETITION NO. 10512 OF 2026
Pradip Ramchandra Patil And Others
VERSUS
The State Of Maharashtra Through Its Secretary And Others
...
Ms.Mali Megha Y., Advocate for the Petitioner
Mr. N. S. Tekale, AGP for Respondents/State
…
AND
921 WRIT PETITION NO. 10514 OF 2026
Prakash Ramling Shete And Others
VERSUS
The State Of Maharashtra Through Secretary And Others
...
Mr. Suryawanshi Prashant D., Advocate for the Petitioner
Mr. B. B. Bhise, AGP for Respondents/State
…
AND
922 WRIT PETITION NO. 10515 OF 2026
Gajanan Devidas Bawane And Others
VERSUS
The State Of Maharashtra Through Secretary And Others
...
Mr. Suryawanshi Prashant D., Advocate for the Petitioner
Mr. N. D. Batule, AGP for Respondents/State
Mr. Sachin Munde, Advocate for Respondent No.3 and 4
…
AND
923 WRIT PETITION NO. 10522 OF 2026
Pralhad Gokul Patil And Others
VERSUS
Narwade
*4* 34+ notional increment matters group
State Of Maharashtra Through The Secretary And Others And
Ohters
...
Mr. Choudhari Abhijit G., Advocate for the Petitioner
Mr. S. R. Wakle, AGP for Respondents/State
…
AND
924 WRIT PETITION NO. 10523 OF 2026
Manik Anandrao Shete And Others
VERSUS
The State Of Maharash Rural Development And Others
...
Mr. Choudhari Abhijit G., Advocate for the Petitioner
Ms. N. B. Kamble, AGP for Respondents/State
Mr. U. B. Bondar, Advocate for Respondent No.6
…
AND
925 WRIT PETITION NO. 10524 OF 2026
Ashok Bhuta Baviskar And Others
VERSUS
The State Of Maharashtra Through Secretary And Others
...
Mr. Kulkarni Pradeep Bhagwanrao, Advocate for the Petitioner
Mr. S. K. Tambe, AGP for Respondents/State
Mr. S. R. Dheple, Advocate for Respondent Nos.3 and 4.
…
AND
926 WRIT PETITION NO. 10525 OF 2026
Mohan Raosaheb Patil And Others
VERSUS
The State Of Maharashtra And Others
...
Mr. Choudhari Abhijit G., Advocate for the Petitioner
Mr. M. K. Goyanka, AGP for Respondents/State
…
AND
927 WRIT PETITION NO. 10526 OF 2026
Narwade
*5* 34+ notional increment matters group
Surendra Laxmikantrao Deshpande And Others
VERSUS
The State Of Maharashtra Through Its Secretary And Others
...
Mr. Sontakke Sandeep B., Advocate for the Petitioner
Mr. V. M. Kagne, AGP for Respondents/State
…
AND
928 WRIT PETITION NO. 10530 OF 2026
Keshav Shankar Pagare And Others
VERSUS
The State Of Maharashtra Through Its Secretary And Others
...
Mr. Sontakke Sandeep B., Advocate for the Petitioner
Mr. N. S. Tekale, AGP for Respondents/State
…
AND
929 WRIT PETITION NO. 10531 OF 2026
Tukaram Punjaji Kubade And Others
VERSUS
The State Of Maharashtra Through Its Secretary And Others
...
Mr. Sontakke Sandeep B., Advocate for the Petitioner
Mr. B. B. Bhise, AGP for Respondents/State
…
AND
930 WRIT PETITION NO. 10532 OF 2026
Shivaji Uddhavrao Fatak And Others
VERSUS
The State Of Maharashtra Through Its Secretary And Others
...
Mr. Sontakke Sandeep B., Advocate for the Petitioner
Mr. N. D. Batule, AGP for Respondents/State
…
AND
931 WRIT PETITION NO. 10533 OF 2026
Narwade
*6* 34+ notional increment matters group
Jamir Gafur Shaikh And Others
VERSUS
The State Of Maharashtra Through Its Secretary And Others
...
Mr. Sontakke Sandeep B., Advocate for the Petitioner
Mr. S. R. Wakle, AGP for Respondents/State
…
AND
932 WRIT PETITION NO. 10534 OF 2026
Vitthal Baburao Shinde And Others
VERSUS
The State Of Maharashtra Through Its Secretary And Others
...
Mr. Khadap Rahul D., Advocate for the Petitioner
Ms. N. B. Kamble, AGP for Respondents/State
Mr. B. B. Bhise, Advocate for Respondent Nos.6 & 7
…
AND
933 WRIT PETITION NO. 10535 OF 2026
Shankar Marutirao Kale And Others
VERSUS
The State Of Maharashtra Through Its Secretary And Others
...
Mr. Khadap Rahul D., Advocate for the Petitioner
Mr. S. K. Tambe, AGP for Respondents/State
…
AND
934 WRIT PETITION NO. 10536 OF 2026
Vitthal Rangnath Lad
VERSUS
The State Of Maharashtra Through Its Secretary And Others
...
Mr. Sontakke Sandeep B., Advocate for the Petitioner
Mr. M. K. Goyanka, AGP for Respondents/State
…
AND
935 WRIT PETITION NO. 10537 OF 2026
Narwade
*7* 34+ notional increment matters group
Rajendra Dagdu Chandanshiv And Others
VERSUS
The State Of Maharashtra Through Its Secretary And Others
...
Mr. Murge Estling S., Advocate for the Petitioner
Mr. V. M. Kagne, AGP for Respondents/State
Mr. V. M. Vibhute, Advocate for Respondent No.6
…
AND
936 WRIT PETITION NO. 10548 OF 2026
Prasad Pralhad Sherkar And Others
VERSUS
The State Of Maharashtra Through Secretary And Others
...
Mr. Suryawanshi Prashant D., Advocate for the Petitioner
Mr. N. D. Batule, AGP for Respondents/State
Mr. B. B.Bhise, Advocate for Respondent Nos.3 and 4
…
AND
937 WRIT PETITION NO. 10549 OF 2026
Bhiva Nivrutti Chaudhari And Others
VERSUS
The State Of Maharashtra Through Its Principal Secretary And
Others
...
Mr. Bhosale Krushna Navnath, Advocate for the Petitioner
Mr. B. B. Bhise, AGP for Respondents/State
…
AND
938 WRIT PETITION NO. 10550 OF 2026
Dilip Vyankatrao Biradar
VERSUS
The State Of Maharashtra Through The Secretary And Others
...
Ms. Kirjawalekar Nikita Sanjay, Advocate for the Petitioner
Mr. S. R. Wakle, AGP for Respondents/State
Mr. S. B. Pulkundwar, Advocate for Respondent Nos.3 & 4
…
Narwade
*8* 34+ notional increment matters group
AND
939 WRIT PETITION NO. 10551 OF 2026
Quadri Syed Maqsood Sayed Ahmed And Another
VERSUS
The State Of Maharashtra Through Its Secretary And Others
...
Mr. Sontakke Sandeep B, Advocate for the Petitioner
Ms. N. B. Kamble, AGP for Respondents/State
…
AND
940 WRIT PETITION NO. 10552 OF 2026
Haridas Digambar Gadgade And Others
VERSUS
The Stae Of Maharashtra And Others
...
Mr. Choudhari Abhijit G, Advocate for the Petitioner
Mr. S. K. Tambe, AGP for Respondents/State
…
AND
941 WRIT PETITION NO. 10553 OF 2026
Pandharinath Ramdas Mistry And Others
VERSUS
The State Of Maharashtra Through Its Principal Secretary And
Others
...
Mr. Patil Jitendra Vijay, Advocate for the Petitioner
Mr. M. K. Goyanka, AGP for Respondents/State
…
AND
942 WRIT PETITION NO. 10554 OF 2026
Govinda Deorao Bhojane And Others
VERSUS
The State Of Maharashtra Through Its Principal Secretary And
Others
...
Mr. Patil Jitendra Vijay, Advocate for the Petitioner
Mr. V. M. Kagne, AGP for Respondents/State
Narwade
*9* 34+ notional increment matters group
…
AND
943 WRIT PETITION NO. 10555 OF 2026
Shaikh Shakeel Mohammad Hussain Mohammad And Others
VERSUS
The State Of Maharashtra Through Its Principal Secretary And
Others
...
Mr. Patil Jitendra Vijay, Advocate for the Petitioner
Mr. N. S. Tekale, AGP for Respondents/State
…
AND
944 WRIT PETITION NO. 10556 OF 2026
Dadarao Sakharam Sukhdhane And Others
VERSUS
The State Of Maharashtra Through Its Principal Secretary And
Others
...
Mr. Patil Jitendra Vijay, Advocate for the Petitioner
Mr. B. B. Bhise, AGP for Respondents/State
…
AND
945 WRIT PETITION NO. 10563 OF 2026
Kailas Manikrao Bodkhe And Others
VERSUS
The State Of Maharashtra Through Its Principal Secretary And
Others
...
Mr. Patil Jitendra Vijay, Advocate for the Petitioner
Mr. N. D. Batule, AGP for Respondents/State
…
AND
946 WRIT PETITION NO. 10564 OF 2026
Uttam Hiraman Chaudhari And Others
VERSUS
The State Of Maharashtra Through Its Principal Secretary And
Others
Narwade
*10* 34+ notional increment matters group
...
Mr. Patil Jitendra Vijay, Advocate for the Petitioner
Mr. S. R. Wakle, AGP for Respondents/State
…
AND
947 WRIT PETITION NO. 10565 OF 2026
Vandana Dinkar Bonde And Others
VERSUS
The State Of Maharashtra Through Its Principal Secretary And
Others
...
Mr. Patil Jitendra Vijay, Advocate for the Petitioner
Ms. N. B. Kamble, AGP for Respondents/State
…
AND
948 WRIT PETITION NO. 10566 OF 2026
Kamalakar Vinayakrao Deshmukh And Others
VERSUS
The State Of Maharashtra Through Its Principal Secretary And
Others
...
Mr. Patil Jitendra Vijay, Advocate for the Petitioner
Mr. S. K. Tambe, AGP for Respondents/State
...
CORAM : NITIN B. SURYAWANSHI &
ABASAHEB D. SHINDE, JJ.
DATE : 18th AUGUST 2026
P. C. :-
1. Indisputably, the issue raised in these Petitions is squarely
covered by the orders dated 3rd July, 2026 passed by the Co-
ordinate Bench of this Court at Circuit Bench at Kolhapur in Writ
Petition No. 5445 of 2026 and dated 19th June, 2026 in Writ
Petition No. 3412 of 2026.
2. Reliance is also placed on order dated 18 th March, 2026
Narwade
*11* 34+ notional increment matters group
passed by the Co-ordinate Bench of this Court at Principal Seat,
Bombay 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.)
Narwade
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