Bombay High Court
ABDUL QUADEER ABDUL HAEEDversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The court partially allowed the petitions, directing that pension be recalculated with the annual increment and arrears be paid within 90 days, without interest.
Summary
The Bombay High Court, Aurangabad Bench, heard a batch of writ petitions filed by former government employees seeking enhanced pension benefits after their superannuation. 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 pension payable from the date of retirement. The State of Maharashtra contended that the existing calculations were correct and that interest should be payable for delayed payments. Relying on earlier orders of the same court (Writ Petitions No. 5445/2026, 3412/2026 and 15662/2025), the judges held that the petitioners were entitled to the difference in pensionary benefits calculated with the annual increment and ordered payment of any arrears within 90 days, but denied any claim for interest due to the petitioners’ delay in filing. The petitions were therefore partially allowed.
Issues considered
- Whether pensionary benefits of government employees should be calculated on the basis of the last drawn salary including the annual increment.
- Whether petitioners are entitled to arrears of pension from the date of superannuation.
- Whether interest is payable on delayed payment of pension arrears.
- Whether the delay in filing the petitions bars entitlement to interest.
Subjects
- pension
- government employees
- superannuation
- arrears
- interest
- writ petition
- Maharashtra
Judgment
2026:BHC-AUG:39806-DB
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drp
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 10770 OF 2026
Abdul Quadeer Abdul Haeed PETITIONER
VERSUS
The State of Maharashtra and Others RESPONDENTS
.......
Mr. Shaikh Mohammad Naseer, Advocate for the Petitioner
Mr. B. B. Bhise, AGP for Respondent - State
....…
AND
WRIT PETITION NO. 11334 OF 2026
Pandhari Shreepatrao Waragane PETITIONER
VERSUS
The State of Maharashtra and Others RESPONDENTS
.......
Mr. Gajanan S. Shete, Advocate for the Petitioner
Mr. V. M. Kagne, AGP for Respondent - State
....…
AND
WRIT PETITION NO. 11335 OF 2026
Anantrao Vitthalrao Soudagar PETITIONER
VERSUS
The State of Maharashtra and Others RESPONDENTS
.......
Mr. Gajanan S. Shete, Advocate for the Petitioner
Ms. N. B. Kamble, AGP for Respondent - State
....…
AND
WRIT PETITION NO. 11336 OF 2026
Vinayak Keshavrao Kalambarkar PETITIONER
VERSUS
The State of Maharashtra and Others RESPONDENTS
{2} wp10770-26.doc
.......
Mr. Gajanan S. Shete, Advocate for the Petitioner
Mr. S. R. Wakle, AGP for Respondent - State
....…
AND
WRIT PETITION NO. 11339 OF 2026
Arun Vyankatrao Angule and Others PETITIONERS
VERSUS
The State of Maharashtra and Others RESPONDENTS
.......
Mr. Santosh N. Patne, Advocate for the Petitioners
Mr. S. R. Wakle, AGP for Respondent - State
....…
AND
WRIT PETITION NO. 11340 OF 2026
Sanjay Prabhakarrao Rampurkar PETITIONER
VERSUS
The State of Maharashtra and Others RESPONDENTS
.......
Mr. Gajanan S. Shete, Advocate for the Petitioner
Mr. S. K. Tambe, AGP for Respondent - State
....…
AND
WRIT PETITION NO. 11341 OF 2026
Purushottam Narayanrao Baradkar PETITIONER
VERSUS
The State of Maharashtra and Others RESPONDENTS
.......
Mr. Gajanan S. Shete, Advocate for the Petitioner
Mr. N. D. Batuble, AGP for Respondent - State
....…
AND
WRIT PETITION NO. 11344 OF 2026
{3} wp10770-26.doc
Manmant Sangappa Mali and Others PETITIONERS
VERSUS
The State of Maharashtra and Others RESPONDENTS
.......
Mr. Santosh S. Patne, Advocate for the Petitioners
Ms.Neha B. Kamble, AGP for Respondent - State
....…
AND
WRIT PETITION NO. 11345 OF 2026
Vitthal Basvanappa Patne and Others PETITIONERS
VERSUS
The State of Maharashtra and Others RESPONDENTS
.......
Mr. Santosh N. Patne, Advocate for the Petitioners
Mr. V. M. Kagne, AGP for Respondent - State
....…
AND
WRIT PETITION NO. 11346 OF 2026
Suhas Ramkrishna Malode and Others PETITIONERS
VERSUS
The State of Maharashtra and Others RESPONDENTS
.......
Mr. Santosh N. Patne, Advocate for the Petitioners
Mr. S. K. Tambe, AGP for Respondent - State
....…
AND
WRIT PETITION NO. 11407 OF 2026
Venkat Madhavro Borgaonkar PETITIONER
VERSUS
The State of Maharashtra and Others RESPONDENTS
.......
Mr. Sandesh K. Kamble, Advocate for the Petitioner
Mr. B.B.Bhise, AGP for Respondent - State
....…
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[CORAM : NITIN B. SURYAWANSHI, &
ABASAHEB D. SHINDE, J. J.]
DATE : 31st AUGUST, 2026
ORDER :
1. Indisputably, the issue raised in these petitions is squarely
covered by the orders dated 3 rd 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 by the Petitioners on order dated
18th March, 2026 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. the respective dates of 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
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payable to them.
(c) Arrears if any, shall be paid to them within a period
of 90 days. 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 ] [ NITIN B. SURYAWANSHI ]
JUDGE JUDGE
drp/wp10770-26.doc
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