Bombay High Court
GIRISH GANGADHARRAO BARADKAR AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY
- Disposal
- DISPOSED OFF
Holding
Petitioners are entitled to pension benefits recalculated to include the annual increment in their last drawn salary, payable as arrears within ninety days, but no interest is awarded for belated filings.
Summary
The petitioners, former government employees of Maharashtra, challenged the calculation of their pension benefits, contending that the annual increment in their last drawn salary should be included. The Court examined whether petitioners who had served at least six months in the year preceding superannuation were entitled to such recalculated benefits and whether interest could be awarded for delayed claims. Relying on earlier orders of the same Court (Writ Petitions No. 5445/2026, 3412/2026, and 15662/2025), the judges held that the pensionary benefits must be recomputed to incorporate the last salary increment and paid as arrears within ninety days. However, because many petitions were filed belatedly, no interest component was granted. The petitions were therefore partly allowed with the specified directions.
Issues considered
- Whether pension benefits of former government employees should be recalculated to include the annual increment in the last drawn salary.
- Whether petitioners who worked at least six months in the last year before superannuation are eligible for the recalculated 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
- Maharashtra
Judgment
2026:BHC-AUG:37839-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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