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Bombay High Court

UTTAM TUKARAM JADHAV AND OTHERSversusTHE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

Petitioners are entitled to recalculated pension benefits that include the annual increment in their last drawn salary, payable within 90 days, but no interest is awarded for delayed filing.

Summary

A large group of writ petitions (19‑Group) were filed by former government employees against the State of Maharashtra seeking proper calculation of their pensionary benefits. The petitioners contended that their pensions were computed without including the annual increment in their last drawn salary and that they were entitled to arrears. The Court examined earlier orders of its coordinate benches in Writ Petition Nos. 5445/2026, 3412/2026 and 15662/2025, which dealt with similar pension disputes. It held that petitioners who had served at least six months in the year preceding superannuation are entitled to monetary benefits based on the actuals, with pension recalculated to include the last‑drawn salary increment. The Court directed that any arrears be paid within ninety days but denied any claim for interest because many petitions were filed belatedly. Consequently, the petitions were partially allowed with the specified directions.

Issues considered

  • The method of calculating pensionary benefits for retired government employees, specifically whether the annual increment in the last drawn salary must be included.
  • Eligibility criteria for entitlement to pension benefits, i.e., requirement of six months of service in the last year before superannuation.
  • Whether arrears of pension are payable with interest when the petition is filed after a delay.

Subjects

  • pension
  • superannuation
  • arrears
  • interest
  • writ petition
  • Maharashtra
  • service law
  • government employees

Judgment

2026:BHC-AUG:40283-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.)


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