Bombay High Court
DIGAMBAR VITHALRAO MULEYversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petitioners are entitled to pension benefits recalculated on the basis of their last drawn salary with the annual increment, payable within ninety days, but without any interest for delayed claims.
Summary
The Bombay High Court, Aurangabad Bench, heard a group of writ petitions filed by former government employees seeking enhanced pension benefits from the State of Maharashtra. The petitioners argued that their pensions should be calculated on the basis of the last drawn salary inclusive of the annual increment and that they were entitled to arrears payable within a reasonable period. The Court examined the eligibility condition that petitioners must have rendered at least six months of service in the last year before superannuation. Relying on earlier orders of its coordinate benches (Writ Petitions No. 5445/2026, 3412/2026 and 15662/2025), the Court held that the petitioners are entitled to the recalculated pensionary benefits and monetary differences, with arrears to be paid within ninety days, but without any interest component. The order partially allowed the petitions and directed the State to implement the recalculated benefits accordingly.
Issues considered
- Whether former government employees are entitled to pension benefits calculated on the basis of the last drawn salary including the annual increment
- Whether the eligibility condition of six months service in the last year before superannuation is satisfied
- Whether arrears of pensionary benefits are payable with interest for delayed claims
Subjects
- pension
- superannuation
- arrears
- interest
- recalculation
- eligibility
- government employees
- writ petition
- state liability
Judgment
2026:BHC-AUG:40282-DB
*1* 19-GROUP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
19 WRIT PETITION NO. 11275 OF 2026
DIGAMBAR VITHALRAO MULEY
VERSUS
THE STATE OF MAHARASHTRA THROUGH
ITS SECRETARY AND OTHERS
...
Mr. Bagal Vishal A., Advocate for the Petitioner
Mr. N. S. Tekale, AGP for Respondents/State
…
AND
25 WRIT PETITION NO. 11332 OF 2026
UTTAM TUKARAM JADHAV AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH
ITS PRINCIPAL SECRETARY AND OTHERS
...
Mr. Madde Shrikant B, Advocate for the Petitioner
Mr. S. K. Tambe, AGP for Respondents/State
…
AND
58 WRIT PETITION NO. 11040 OF 2026
DNYANDEO NAGORAO SAKHARE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Mr. Biradar Ramrao Dhondiram, Advocate for the Petitioner
Ms. N. B. Kamble, AGP for Respondents/State
…
AND
902 WRIT PETITION NO. 11261 OF 2026
JAGNNATH RANGNATH GARAD AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
*2* 19-GROUP
...
Mr. Bagal Vishal A., Advocate for the Petitioner
Mr. N. S. Tekale, AGP for Respondents/State
Mr. V. M. Vibhute, Advocate for Respondent Nos. 4 to 6
…
AND
903 WRIT PETITION NO. 11375 OF 2026
CHANDRAKANT BABURAO BHALERAO AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH
ITS SECRETARY AND OTHERS
...
Mr. Bagal Vishal A., Advocate for the Petitioner
Mr. N. S. Tekale, AGP for Respondents/State
Mr. V. M. Vibhute, Advocate for Respondent Nos. 4 to 6
...
AND
WRIT PETITION NO. 11499 OF 2026 (NOB)
DASHRATH MARTAND THUBE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH
ITS SECRETARY AND OTHERS
...
Mr. Prashant D. Suryawanshi and Ms. Nikita Kirjawalekar,
Advocate for the Petitioners
Mr. S. R. Wakle, AGP for Respondents/State
Mr. Avinash Aghav, Advocate for Respondent Nos.3 and 4.
…
AND
WRIT PETITION NO. 11487 OF 2026 (NOB)
ASHOK S/O TUKARAM SUL AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH
ITS SECRETARY AND OTHERS
...
Mr. Bhosale Sanjaykumar B., Advocate for the Petitioners
Mr. V. M. Kagne, AGP for Respondents/State
…
*3* 19-GROUP
AND
WRIT PETITION NO. 11483 OF 2026 (NOB)
DILIP PANDIT GADHE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH
ITS SECRETARY AND OTHERS
...
Mr. Bolkar Yogesh B., Advocate for the Petitioners
Mr. N. D. Batule, AGP for Respondents/State
Mr. S. R. Dheple, Advocate for Respondent Nos.4 to 7.
…
AND
WRIT PETITION NO. 11471 OF 2026 (NOB)
SANTOSH BABARAO ALSE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH
ITS SECRETARY AND OTHERS
...
Mr. Sandeep B. Sontake, Advocate for the Petitioners
Ms. N. B. Kamble, AGP for Respondents/State
…
AND
WRIT PETITION NO. 11472 OF 2026 (NOB)
BHARAT RAMCHANDRA DESHMUKH AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH
ITS SECRETARY AND OTHERS
...
Mr. Bhosale Sanjaykumar B., Advocate for the Petitioners
Mr. S. K. Tambe, AGP for Respondents/State
…
AND
WRIT PETITION NO. 11473 OF 2026 (NOB)
GAZI SYED SALAHUDDIN S/O SYED MONUDDIN AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH
ITS SECRETARY AND OTHERS
*4* 19-GROUP
...
Mr. Bhosale Sanjaykumar B., Advocate for the Petitioners
Mr. B. B. Bhise, AGP for Respondents/State
…
AND
WRIT PETITION NO. 11474 OF 2026 (NOB)
BHARAT BHAURAO MISAL AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH
ITS SECRETARY AND OTHERS
...
Mr. Bhosale Sanjaykumar B., Advocate for the Petitioners
Mr. S. R. Wakle, AGP for Respondents/State
…
AND
WRIT PETITION NO. 11477 OF 2026 (NOB)
GOVINDA SANDU CHAUDHARI AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH
ITS SECRETARY AND OTHERS
...
Mr. Sontakke Sandeep B., Advocate for the Petitioners
Mr. V. M. Kagne, AGP for Respondents/State
…
AND
WRIT PETITION NO. 11478 OF 2026 (NOB)
SANDHYA SUDHAKARRAO NAIK AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH
ITS SECRETARY AND OTHERS
...
Mr. Vishal A. Bagal, Advocate for the Petitioners
Mr. N. D. Batule, AGP for Respondents/State
…
AND
*5* 19-GROUP
WRIT PETITION NO. 11475 OF 2026 (NOB)
MORSING WALU RATHOD AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH
ITS SECRETARY AND OTHERS
...
Mr. Sontakke Sandeep B., Advocate for the Petitioners
Ms. Neha B. Kamble, AGP for Respondents/State
…
AND
WRIT PETITION NO. 11476 OF 2026 (NOB)
SHAIKH AKBAR SHAIKH YASIN AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH
ITS SECRETARY AND OTHERS
...
Mr. Sontakke Sandeep B., Advocate for the Petitioners
Mr. A. B. Girase, GP for Respondents/State
…
CORAM : NITIN B. SURYAWANSHI &
ABASAHEB D. SHINDE, JJ.
DATE : 1ST SEPTEMBER 2026
P. C. :-
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 19 th June, 2026 in
Writ Petition No. 3412 of 2026.
2. Reliance is also placed on order dated 18 th March, 2026
*6* 19-GROUP
passed by the Co-ordinate Bench of this Court at Principal Seat,
Bombay 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.
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.)
habeeb/
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