Bombay High Court

LAXMAN CHANGDEO RAKTE AND OTHERSversusTHE STATE OF MAHARASHTRA THR THE SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

Petitioners who satisfied the six‑month service condition are entitled to recalculated pension benefits including the last salary increment, and any arrears must be paid within 90 days without interest.

Summary

The High Court considered several writ petitions filed by former government employees seeking enhanced pensionary benefits from the State of Maharashtra. The petitioners argued that their pensions should be calculated on the basis of their actual last drawn salary, including the annual increment, and that they were entitled to any arrears arising from this recalculation. The Court referred to its earlier decision in Writ Petition No. 15662/2025, which laid down the principles for such calculations. It held that petitioners who had served at least six months in the year preceding their superannuation are eligible for the difference in pensionary benefits, which must be recomputed to include the last salary increment. The Court directed that any arrears be paid within 90 days but denied interest on delayed claims, noting the belated filing of many petitions. Consequently, the writ petitions were partly allowed with specific directions on payment.

Issues considered

Whether former employees are entitled to pensionary benefits calculated on the basis of their actual last drawn salary including annual increment
Whether a minimum service of six months in the last year before superannuation is a condition for entitlement
Whether arrears of pension are payable with interest when claims are filed belatedly

Subjects

pension
superannuation
arrears
writ petition
Maharashtra
civil service
monetary benefits

Judgment

2026:BHC-AUG:39564-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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