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Bombay High Court

VASANT MURLIDHAR BODKHE 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 satisfied the six‑month service condition, and no interest is payable on belatedly claimed arrears.

Summary

The petitioners, retired government employees of Maharashtra, claimed that their pensionary benefits were calculated without incorporating the annual increment of their last drawn salary and sought monetary relief. The Court examined whether the pension should be recalculated to reflect this increment and whether petitioners who had served at least six months in the year preceding superannuation were eligible for the benefit. Relying on earlier orders of the same Court (Writ Petitions No. 5445/2026, 3412/2026, and 15662/2025), the Bench held that the petitioners were entitled to the revised pension amounts. It directed that the recalculated pension, based on actuals, be paid, with any arrears to be cleared within 90 days, but denied interest on arrears due to the belated filing of the petitions. The orders were issued jointly by Justices Nitin B. Suryawanshi and Abasaheb D. Shinde.

Issues considered

  • Whether pensionary benefits of retired state 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 qualifies for monetary pension benefits.
  • Whether interest is payable on arrears when the petition is filed after a considerable delay.

Subjects

  • pension
  • superannuation
  • annual increment
  • arrears
  • interest
  • writ petition
  • service law
  • government employees

Judgment

2026:BHC-AUG:37836-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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