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Bombay High Court

GOVINDA SANDU CHAUDHARI AND OTHERSversusTHE STATE OF MAHARASHTRA THE ITS SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The court held that pensionary benefits must be recalculated to include the annual increment in the last drawn salary and paid as arrears to eligible petitioners, without any interest component.

Summary

The High Court of Bombay, Aurangabad Bench, heard a group of writ petitions filed by retired government employees of Maharashtra seeking monetary benefits and arrears of pension. The petitioners contended that their pension should be calculated on the basis of the last drawn salary inclusive of the annual increment and that they were entitled to arrears without interest. The Court examined earlier orders of its coordinate benches in Writ Petition Nos. 5445 of 2026, 3412 of 2026 and 15662 of 2025, which dealt with similar pensionary issues. It held that petitioners who had served at least six months in the last year before superannuation are eligible for recalculated pension benefits. Accordingly, the petitions were partly allowed: pension benefits are to be recomputed with the annual increment, arrears to be paid within 90 days, and no interest to be awarded.

Issues considered

  • Whether retired employees are entitled to pensionary benefits calculated on the basis of the last drawn salary inclusive of the annual increment.
  • Whether the petitioners satisfy the eligibility condition of having worked for six months or more in the last year before superannuation.
  • Whether interest is payable on arrears of pension where the petition is filed belatedly.

Subjects

  • pension
  • superannuation
  • arrears
  • interest
  • government employees
  • Maharashtra
  • writ petition
  • recalculation
  • eligibility

Judgment

2026:BHC-AUG:40304-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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