Bombay High Court

CHANDRAVADAN LAKHAMICHAND GUJARATHIversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

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

Summary

The Bombay High Court considered several writ petitions filed by former government employees seeking enhanced pension benefits. The petitioners argued that their pensions should be recalculated to include the annual increment in their last drawn salary and that they were entitled to arrears from the date of superannuation, provided they had worked at least six months in the last year before retirement. Relying on its earlier decision in Writ Petition No.15662/2025, the Court held that the petitioners meet the eligibility criteria and are entitled to the difference in pensionary benefits calculated on the actuals, with arrears to be paid within 90 days but without interest due to the delayed filing. The Court directed that the pensionary benefits be recomputed accordingly and that any arrears be disbursed promptly. The order partially allowed the petitions and set out specific directions for implementation.

Issues considered

Whether former government employees who have worked at least six months in the last year before superannuation are entitled to pension benefits recalculated to include the annual increment in their last drawn salary.
Whether arrears of pension payable from the date of superannuation should attract interest when the petitions are filed belatedly.

Subjects

pension
superannuation
arrears
interest
writ petition
eligibility
recalculation

Judgment

2026:BHC-AUG:39565


                                            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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