Bombay High Court

BHAU ABA SUDREIK AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

Petitioners are entitled to recalculated pension benefits including the last drawn salary increment and arrears payable within 90 days, but no interest due to belated filing.

Summary

The Bombay High Court, Aurangabad Bench, heard several writ petitions filed by former government employees seeking enhanced pension benefits from the State of Maharashtra. Relying on its earlier decision in Writ Petition No.15662/2025, the Court held that petitioners are entitled to the difference in pensionary benefits calculated from the date of their superannuation, provided they had served at least six months in the last year before retirement. The pension should be recalculated to include the annual increment applicable to their last drawn salary, and any arrears must be paid within ninety days. However, because many petitioners approached the Court belatedly, they are not entitled to any interest on the arrears. The petitions were therefore partially allowed with the specified directions.

Issues considered

What entitlement do former government employees have to pensionary benefits upon superannuation?
Whether the pension should be recalculated to include the annual increment in the last drawn salary.
Whether arrears of pension are payable with interest when the petition is filed belatedly.

Subjects

pension
superannuation
arrears
interest
government employees
writ petition
High Court

Judgment

2026:BHC-AUG:39562-DB


                                            1                 22-WP-10808-26.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                            22 WRIT PETITION NO. 10808 OF 2026

                                 BHAU ABA SUDRIK AND OTHERS
                                             VERSUS
                           THE STATE OF MAHARASHTRA AND OTHERS
                                               ...
              Mr. Sanjay N. Gaikwad, Advocate for the Petitioners
              Mr. B. B. Bhise, AGP for Respondents/State
              Mr. A. D. Aghav, Advocate for Respondent No.3
              Mr. Joslyn Menezes, Advocate for Respondent No.6
                                               …
                              WRIT PETITION NO. 10986 OF 2026

                                       RAJU NANA GAIKWAD
                                             VERSUS
                           THE STATE OF MAHARASHTRA AND OTHERS
                                                …
              Mr. Z. H. Farooqui, Advocate for the Petitioner
              Mr. B. B. Bhise, AGP for Respondents/State
                                                ...
                              WRIT PETITION NO.10987 OF 2026

                            LAXMAN CHANGDEO RAKTE AND OTHERS
                                             VERSUS
                           THE STATE OF MAHARASHTRA AND OTHERS
                                               …
              Mr. Sandeep V. Kulkarni, Advocate a/w Mr. Kiran M. Nagarkar,
              Advocate for the Petitioners
              Mr. B. B. Bhise, AGP for Respondents/State
                                               ...
                              WRIT PETITION NO. 10970 OF 2026

                           CHANDRAVADAN LAKHAMICHAND GUJARATHI
                                             VERSUS
                           THE STATE OF MAHARASHTRA AND OTHERS
                                               ...
              Mr. Amol S. Sawant, Advocate for the Petitioner
              Mr. B. B. Bhise, AGP for Respondents/State
                                               …

                                    CORAM : NITIN B. SURYAWANSHI AND
                                            ABASAHEB D. SHINDE, JJ.
                                     DATE : 25th AUGUST, 2026



              SVH
                                   2                      22-WP-10808-26.odt


PER COURT :

1.            The issue raised in these petitions is squarely covered

by the decision of this Court at Principal Seat [Coram : Ravindra V.

Ghuge and Abhay J. Mantri, JJ.] dated 18/03/2026, passed in Writ

Petition No.15662/2025.

2.            For the reasons stated in the said order, 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. from 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 be not

               entitled for the interest component.



(ABASAHEB D. SHINDE, J.)               (NITIN B. SURYAWANSHI, J.)


SVH

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