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Bombay High Court

SUHAS RAMKRISHNA MALODE AND OTHERSversusTHE STATE OF MAHARASHTRA THE ITS SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court held that pension benefits must be recalculated to include the annual increment in the last drawn salary, arrears must be paid within 90 days, and no interest is payable due to the petitioners' delay.

Summary

The petitioners, former government employees of Maharashtra, filed multiple writ petitions challenging the calculation of their pensionary benefits after superannuation. They contended that the State had failed to incorporate the annual increment of their last drawn salary and sought arrears of difference. The Court examined earlier orders of its coordinate benches (Writ Petition Nos. 5445/2026, 3412/2026, and 15662/2025) which dealt with similar pension recalculation issues. It held that the petitioners are entitled to monetary benefits calculated on the basis of the actual last drawn salary inclusive of the annual increment. Accordingly, 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' delay. The orders were issued by a two‑judge bench of the Bombay High Court, Aurangabad, partially allowing the writ petitions.

Issues considered

  • Whether the pensionary benefits of the petitioners should be calculated on the basis of the last drawn salary inclusive of the annual increment.
  • Whether the petitioners are entitled to arrears of pension difference arising from the miscalculation.
  • Whether interest is payable on the arrears due to the petitioners' delayed approach to the Court.

Subjects

  • pension
  • superannuation
  • arrears
  • interest
  • service law
  • writ petition
  • state government
  • recalculation of pension
  • monetary benefits

Judgment

2026:BHC-AUG:39815-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
                             ....…
                                {4}                   wp10770-26.doc


            [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
                                {5}                        wp10770-26.doc

            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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