Bombay High Court
SHOBHA SHRIPATIRAO KISVEversusTHE STATE OF MAHARASHTRA THR THE PRINCIPAL SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court held that petitioners are entitled to pension benefits recalculated on the basis of their actual last drawn salary including the annual increment, payable as arrears within 90 days without interest.
Summary
The petitioners, a group of former government employees, filed writ petitions challenging the calculation of their pensionary benefits after superannuation. The Court examined whether the pension should be computed on the basis of the actual last drawn salary, including the annual increment, and whether the petitioners met the eligibility condition of having worked at least six months in the last year before retirement. Relying on earlier orders of the same Court in Writ Petitions No. 5445 of 2026, 3412 of 2026 and 15662 of 2025, the Bench held that the pensionary benefits must be recalculated to include the last salary increment. The Court directed that the monetary difference be paid as arrears within ninety days, but denied any claim for interest because many petitions were filed belatedly. The orders were made applicable to all petitioners who satisfied the six‑month work condition. Consequently, the writ petitions were partly allowed with the specified directions.
Issues considered
- Whether pension benefits of retired government employees should be calculated on the basis of the actual last drawn salary including the annual increment.
- Whether petitioners who have worked for at least six months in the last year before superannuation are eligible for the recalculated pension.
- Whether arrears of pension payable under the revised calculation are due with interest when petitions are filed belatedly.
Subjects
- pension calculation
- superannuation
- government employees
- arrears
- interest
- writ petition
- eligibility
- annual increment
Judgment
2026:BHC-AUG:39074-DB
{1} 64-wp-10608-2026
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
64 WRIT PETITION NO. 10608 OF 2026
Bhausaheb Mohanrao Murkute And Others
VERSUS
The State Of Maharashtra And Others
...
Mr. C.K. Shinde, Advocate for the Petitioners
Mr. S.K. Tambe, AGP for State
WRIT PETITION NO. 10980 OF 2026
Eknath Dagadu Birdawde And Others
VERSUS
The State Of Maharashtra And Others
...
Mr. C.K. Shinde, Advocate for the Petitioners
Mr. S.R. Wakle, AGP for State
WRIT PETITION NO. 10956 OF 2026
Subhash Arjunrao Gangurade And Others
VERSUS
The State Of Maharashtra And Others
...
Mr. V.G. Salgare, Advocate for the Petitioners
Ms. Neha Kamble, AGP for State
WRIT PETITION NO. 10968 OF 2026
Sunil Laxmanrao Kadam And Others
VERSUS
The State Of Maharashtra And Others
...
Mr. A.N. Nagargoje, Advocate for the Petitioners
Mr. B.B. Bhise, AGP for State
WRIT PETITION NO. 10969 OF 2026
Baliram Nathu Chaure And Others
VERSUS
{2} 64-wp-10608-2026
The State Of Maharashtra And Others
...
Mr. Yogesh Bolkar, Advocate for the Petitioners
Mr. S.K. Tambe, AGP for State
WRIT PETITION NO. 10971 OF 2026
Dnyandeo Pundalik Pawar And Others
VERSUS
The State Of Maharashtra And Others
...
Mr. A.T. Kanawade, Advocate for the Petitioners
Mr. M.K. Goyanka, AGP for State
WRIT PETITION NO. 10973 OF 2026
Tukaram Kautik Patil And Others
VERSUS
The State Of Maharashtra And Others
...
Mr. E.S. Murge, Advocate for the Petitioners
Mr. V.M. Kagne, AGP for State
WRIT PETITION NO. 10974 OF 2026
Somnath Anna Bhusal And Others
VERSUS
The State Of Maharashtra And Others
...
Mr. A.T. Kanawade, Advocate for the Petitioners
Mr. B.B. Bhise, AGP for State
WRIT PETITION NO. 10977 OF 2026
Shobha Shripatirao Kisve
VERSUS
The State Of Maharashtra And Others
...
Mr. V.P. Narwade, Advocate for the Petitioner
Ms. Neha Kamble, AGP for State
WRIT PETITION NO. 10978 OF 2026
{3} 64-wp-10608-2026
Ashok Kaluji Adhav And Others
VERSUS
The State Of Maharashtra And Others
...
Mr. E.S. Murge, Advocate for the Petitioners
Mr. N.S. Tekale, AGP for State
WRIT PETITION NO. 10979 OF 2026
Sopan Kisan Vikhe And Others
VERSUS
The State Of Maharashtra And Others
...
Mr. A.T. Kanawade, Advocate for the Petitioners
Mr. S.R. Wakle, AGP for State
WRIT PETITION NO. 10988 OF 2026
Manohar Digambar Kurkure And Others
VERSUS
The State Of Maharashtra And Others
...
Mr. S.T. Shelke, Advocate for the Petitioners
Mr. B.B. Bhise, AGP for State
WRIT PETITION NO. 10993 OF 2026
Bhagwan Bhika Chaudhari And Others
VERSUS
The State Of Maharashtra And Others
...
Mr. Y.B. Bolkar, Advocate for the Petitioners
Mr. N.S. Tekale, AGP for State
Mr S.R. Dheple, Advocate for Respondents No. 4 to 6
.......
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 25th AUGUST, 2026
{4} 64-wp-10608-2026
PER COURT :
1. Indisputably, the issue raised in these Petitions is squarely
covered by the orders dated 3rd July, 2026 passed by the Co-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.
{5} 64-wp-10608-2026
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.)
Bhagyawant Punde
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