Bombay High Court
VANDANA LALITKUMAR NANDODE AND OTHERSversusTHE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
Petitioners are entitled to recalculated pension benefits including the annual increment, provided they have served six months or more in the last year before superannuation, and arrears must be paid within 90 days without interest.
Summary
The petitioners, former government employees, challenged the calculation of their pensionary benefits, contending that the last drawn salary and annual increments were not reflected. The Court examined earlier orders of the same High Court (Writ Petition Nos. 5445/2026, 3412/2026, and 15662/2025) which dealt with similar issues. Relying on those precedents, the Court held that petitioners who have served at least six months in the last year before superannuation are entitled to the difference in pension benefits calculated on the actual last drawn salary inclusive of the annual increment. The Court directed that any arrears be paid within ninety days, but denied any claim for interest on delayed payment. Consequently, the writ petitions were partly allowed with the specified directions.
Issues considered
- Whether petitioners are entitled to the difference in pensionary benefits calculated on the actual last drawn salary inclusive of annual increments.
- Whether a minimum service of six months in the last year before superannuation is a condition for entitlement.
- Whether interest is payable on arrears of pensionary benefits.
Subjects
- pension
- superannuation
- recalculation
- arrears
- interest
- writ petition
- service law
Judgment
2026:BHC-AUG:37838-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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