Bombay High Court
SHIVAJI SHESHRAO SONAWANE AND OTHERSversusTHE STATE OF MAHARASHTRA THR THE PRINCIPAL SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petition is partly allowed, directing recalculation of pension benefits with the annual increment, eligibility based on six months' service, payment of arrears within 90 days, and denial of interest.
Summary
The petitioners, former government employees, challenged the calculation of their pensionary benefits, contending that they were denied the appropriate increments and arrears. The High Court examined earlier orders of its coordinate benches in Writ Petitions No. 5445 of 2026, No. 3412 of 2026, and No. 15662 of 2025, which dealt with similar pension disputes. Relying on those precedents, the Court held that petitioners who have served at least six months in the year preceding superannuation are entitled to the difference in pension benefits based on the actual last drawn salary inclusive of the annual increment. The Court directed that the recalculated pension be paid and any arrears be cleared within ninety days, but denied any claim for interest due to the petitioners' delayed filing. Consequently, the petition was partially allowed with specific directions on benefit computation and payment timelines.
Issues considered
- Whether the petitioners are entitled to pensionary benefits calculated on the basis of their last drawn salary including the annual increment
- Whether the petitioners satisfy the eligibility condition of having worked six months or more in the last year before superannuation
- Whether arrears, if any, are payable with interest despite the petitioners' delayed approach
Subjects
- pension
- superannuation
- arrears
- interest
- eligibility
- monetary benefits
- recalculation
Judgment
2026:BHC-AUG:39669-DB
{1} 26-wp--11219-2026
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
26 WRIT PETITION NO. 11219 OF 2026
Shivaji Sheshrao Sonawane And Others
VERSUS
The State Of Maharashtra And Others
...
Mr. Prasad D. Jarare, Advocate for the Petitioners
Mr. A.B. Girase, Government Pleader for the State
.......
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 31st AUGUST, 2026
PER COURT :
1. Indisputably, the issue raised in this Petition 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
Petition is partly allowed with following directions:
{2} 26-wp--11219-2026
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.
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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