Bombay High Court

RAJU NANA GAIKWADversusTHE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

Petitioners are entitled to recalculated pension benefits including the annual increment, with arrears payable within 90 days and no interest due to belated filing.

Summary

The petitioners, former government employees, filed writ petitions seeking the difference in their pensionary benefits after superannuation, alleging that the State of Maharashtra had not accounted for the annual increment in their last drawn salary. The Court examined the earlier decision in Writ Petition No.15662/2025, which set the legal framework for such claims. It held that petitioners who had worked at least six months in the year preceding superannuation are entitled to monetary benefits calculated on the actuals, including the annual increment. The Court ordered that the recalculated pensionary benefits be paid and any arrears cleared within 90 days, but denied interest because the petitions were filed belatedly. Consequently, the writ petitions were partly allowed with the specified directions.

Issues considered

Whether former government employees are entitled to the difference in pensionary benefits calculated on the actuals including the last drawn salary increment.
Whether the petitioners satisfy the eligibility condition of having worked six months or more in the last year before superannuation.
Whether interest is payable on arrears when the petition is filed after a delay.

Subjects

pension
superannuation
government employees
arrears
interest
writ petition
eligibility

Judgment

2026:BHC-AUG:39563-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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