Bombay High Court
Vinayak Keshavrao KalambarkarversusThe State of Maharashtra
- Disposal
- DISPOSED OFF
Holding
The petitioners are entitled to recalculated pension benefits that include the annual increment in their last drawn salary, with arrears payable within 90 days and no interest awarded.
Summary
A group of government employees filed several writ petitions challenging the calculation of their pension benefits after superannuation, alleging that the State of Maharashtra had not incorporated the annual increment in their last drawn salary. The petitioners sought the difference in pensionary benefits, arrears, and interest for the delayed claim. The Court observed that the matter had already been addressed in earlier orders (Writ Petition Nos. 5445/2026, 3412/2026, and 15662/2025) and adopted the same reasoning. It held that the pension should be recalculated to include the annual increment and that the resulting arrears must be paid within ninety days, but no interest would be awarded due to the petitioners' belated filing. Consequently, the petitions were partially allowed, directing the State to pay the revised pension amounts and arrears without interest.
Issues considered
- The correct method of calculating pension benefits for government employees upon superannuation, specifically whether the annual increment in the last drawn salary must be included.
- Whether petitioners are entitled to arrears of pension and the applicable interest on such arrears.
Subjects
- pension calculation
- superannuation
- government employee benefits
- arrears
- interest
- writ petition
- partial relief
Judgment
2026:BHC-AUG:39809-DB
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drp
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 10770 OF 2026
Abdul Quadeer Abdul Haeed PETITIONER
VERSUS
The State of Maharashtra and Others RESPONDENTS
.......
Mr. Shaikh Mohammad Naseer, Advocate for the Petitioner
Mr. B. B. Bhise, AGP for Respondent - State
....…
AND
WRIT PETITION NO. 11334 OF 2026
Pandhari Shreepatrao Waragane PETITIONER
VERSUS
The State of Maharashtra and Others RESPONDENTS
.......
Mr. Gajanan S. Shete, Advocate for the Petitioner
Mr. V. M. Kagne, AGP for Respondent - State
....…
AND
WRIT PETITION NO. 11335 OF 2026
Anantrao Vitthalrao Soudagar PETITIONER
VERSUS
The State of Maharashtra and Others RESPONDENTS
.......
Mr. Gajanan S. Shete, Advocate for the Petitioner
Ms. N. B. Kamble, AGP for Respondent - State
....…
AND
WRIT PETITION NO. 11336 OF 2026
Vinayak Keshavrao Kalambarkar PETITIONER
VERSUS
The State of Maharashtra and Others RESPONDENTS
{2} wp10770-26.doc
.......
Mr. Gajanan S. Shete, Advocate for the Petitioner
Mr. S. R. Wakle, AGP for Respondent - State
....…
AND
WRIT PETITION NO. 11339 OF 2026
Arun Vyankatrao Angule and Others PETITIONERS
VERSUS
The State of Maharashtra and Others RESPONDENTS
.......
Mr. Santosh N. Patne, Advocate for the Petitioners
Mr. S. R. Wakle, AGP for Respondent - State
....…
AND
WRIT PETITION NO. 11340 OF 2026
Sanjay Prabhakarrao Rampurkar PETITIONER
VERSUS
The State of Maharashtra and Others RESPONDENTS
.......
Mr. Gajanan S. Shete, Advocate for the Petitioner
Mr. S. K. Tambe, AGP for Respondent - State
....…
AND
WRIT PETITION NO. 11341 OF 2026
Purushottam Narayanrao Baradkar PETITIONER
VERSUS
The State of Maharashtra and Others RESPONDENTS
.......
Mr. Gajanan S. Shete, Advocate for the Petitioner
Mr. N. D. Batuble, AGP for Respondent - State
....…
AND
WRIT PETITION NO. 11344 OF 2026
{3} wp10770-26.doc
Manmant Sangappa Mali and Others PETITIONERS
VERSUS
The State of Maharashtra and Others RESPONDENTS
.......
Mr. Santosh S. Patne, Advocate for the Petitioners
Ms.Neha B. Kamble, AGP for Respondent - State
....…
AND
WRIT PETITION NO. 11345 OF 2026
Vitthal Basvanappa Patne and Others PETITIONERS
VERSUS
The State of Maharashtra and Others RESPONDENTS
.......
Mr. Santosh N. Patne, Advocate for the Petitioners
Mr. V. M. Kagne, AGP for Respondent - State
....…
AND
WRIT PETITION NO. 11346 OF 2026
Suhas Ramkrishna Malode and Others PETITIONERS
VERSUS
The State of Maharashtra and Others RESPONDENTS
.......
Mr. Santosh N. Patne, Advocate for the Petitioners
Mr. S. K. Tambe, AGP for Respondent - State
....…
AND
WRIT PETITION NO. 11407 OF 2026
Venkat Madhavro Borgaonkar PETITIONER
VERSUS
The State of Maharashtra and Others RESPONDENTS
.......
Mr. Sandesh K. Kamble, Advocate for the Petitioner
Mr. B.B.Bhise, AGP for Respondent - State
....…
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[CORAM : NITIN B. SURYAWANSHI, &
ABASAHEB D. SHINDE, J. J.]
DATE : 31st AUGUST, 2026
ORDER :
1. Indisputably, the issue raised in these petitions is squarely
covered by the orders dated 3 rd 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 in Writ
Petition No. 3412 of 2026.
2. Reliance is also placed by the Petitioners on order dated
18th March, 2026 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. the respective dates of 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
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payable to them.
(c) Arrears if any, shall be paid to them within a period
of 90 days. 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 ] [ NITIN B. SURYAWANSHI ]
JUDGE JUDGE
drp/wp10770-26.doc
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