Bombay High Court
Purushottam Narayanrao BaradkarversusThe State of Maharashtra
- Disposal
- DISPOSED OFF
Holding
The Court held that petitioners are entitled to pensionary benefits recalculated to include the annual increment in their last drawn salary, with arrears payable within 90 days and no interest due for belated filing.
Summary
The High Court of Bombay, Aurangabad Bench, considered a batch of writ petitions filed by several former government employees seeking correction of their pensionary benefits after superannuation. The petitioners argued that their pensions were calculated without including the annual increment in their last drawn salary and that they were entitled to arrears of difference. The Court noted that the matter had already been decided in earlier orders of its coordinate benches (Writ Petition Nos. 5445/2026, 3412/2026 and 15662/2025). Relying on those precedents, the Court partially allowed the petitions, directing that pension benefits be recalculated to include the last‑drawn salary increment and that any arrears be paid within 90 days, but denied any interest because the petitions were filed belatedly. The order thus clarifies the method of pension calculation for superannuated employees of the State of Maharashtra.
Issues considered
- Whether the pension of a superannuated government employee must be calculated on the basis of the last drawn salary inclusive of the annual increment.
- Whether petitioners are entitled to arrears of pensionary difference arising from the recalculation.
- Whether interest is payable on the arrears when the petition is filed after a considerable delay.
Judgment
2026:BHC-AUG:39812-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
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.......
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
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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
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