Bombay High Court

DAVIDAS BHUJANGRAO LINGAYET AND OHTERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

Petitioners who have worked at least six months in the year preceding superannuation are entitled to recalculated pension benefits that include the last salary increment, with arrears payable within 90 days and no entitlement to interest.

Summary

The Bombay High Court, Aurangabad Bench, heard a batch of writ petitions filed by various government employees seeking enhanced pension benefits. The petitioners argued that their pension should be calculated on the basis of the last drawn salary inclusive of the annual increment, and that they were entitled to arrears of difference payable within 90 days, but not to interest due to delayed filing. The Court referred to earlier orders dated 3 July 2026 (Kolhapur Circuit Bench) and 18 March 2026 (Principal Seat) which dealt with similar pension recalculation issues. It held that petitioners who had served at least six months in the year preceding superannuation are entitled to the monetary difference in pension as per actuals, with the pension recalculated to include the last salary increment. The Court directed that any arrears be paid within 90 days and denied an interest component. Consequently, the writ petitions were partly allowed.

Issues considered

Whether government employees are entitled to the difference in pensionary benefits calculated on the basis of actuals from the date of superannuation.
Whether the pensionary benefits should be recalculated by including the annual increment in the last drawn salary prior to superannuation.
Whether arrears, if any, must be paid within a specified period and whether interest is payable for delayed filing.

Subjects

pension
superannuation
government employees
arrears
interest
recalculation of pension
writ petition

Judgment

                                                   *1*     32-call papers
This order is modified by order dated 28.08.2026


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                       WRIT PETITION NO. 10713 OF 2026

           Anilkumar Munjajirao Dabshede and Others
                            VERSUS
 The State Of Maharashtra Through its Principal Secretary And
                             Others
                               …
Mr. Sandeep B. Sontakke, Advocate for the petitioners.
Mr. B. B. Bhise, AGP for Respondents/State
                               …

                                    AND
                       WRIT PETITION NO. 10719 OF 2026

               Sartaj Chunumiyan Patel and Others
                            VERSUS
              The State Of Maharashtra And Others
                               …
Mr. Santosh N. Patne, Advocate for the petitioners.
Mr. B. B. Bhise, AGP for Respondents/State
                               …

                                    AND
                       WRIT PETITION NO. 10715 OF 2026

                     Kerba Kacharu Panpatte
                            VERSUS
  The State Of Maharashtra Through its Secretary And Others
                               …
Mr. Estling S. Murge, Advocate for the petitioners.
Mr. B. B. Bhise, AGP for Respondents/State
                               …

                                    AND
                       WRIT PETITION NO. 10714 OF 2026

                       Badrinarayan s/o Wamanrao Doifode

Narwade
                                                   *2*         32-call papers
This order is modified by order dated 28.08.2026


                            VERSUS
  The State Of Maharashtra Through its Secretary And Others
                               …
Mr. Vaibhav B. Kulkarni, Advocate for the petitioners.
Mr. B. B. Bhise, AGP for Respondents/State
                               …
                              AND
              WRIT PETITION NO. 10712 OF 2026

            Davidas Bhujangrao Lingayet and Others
                            VERSUS
 The State Of Maharashtra Through its Secretary And Another
                               …
Mr. G. R. Syed, Advocate for the petitioners.
Mr. B. B. Bhise, AGP for Respondents/State
                               …
                              AND
              WRIT PETITION NO. 10706 OF 2026

             Rajesh Dagduba Paradkar and Others
                           VERSUS
 The State Of Maharashtra Through the Secretary And Others
                              …
Mr. Santosh N. Patne, Advocate for the petitioners.
Mr. M. K. Goyanka, AGP for Respondents/State
                              ...
                  CORAM : NITIN B. SURYAWANSHI &
                           ABASAHEB D. SHINDE, JJ.
                  DATE : 20th AUGUST 2026

P. C. :-

1.         Not on board. Upon mentioning, taken on board.

2.         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



Narwade
                                                   *3*                  32-call papers
This order is modified by order dated 28.08.2026


Petition No. 5445 of 2026 and dated 19th June, 2026 in Writ

Petition No. 3412 of 2026.

3.        Reliance is also placed on order dated 18 th March, 2026

passed by the Co-ordinate Bench of this Court at Principal Seat,

Bombay in Writ Petition No. 15662 of 2025.

4.        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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