Bombay High Court
PRAMODINI BALIRAM PATIL AND OTHERSversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
Petitioners are entitled to recalculated pension benefits including the last drawn salary increment, provided they served at least six months in the year preceding superannuation, and arrears must be paid within 90 days without interest.
Summary
The petitioners, former government employees, challenged the calculation of their pension benefits, arguing that they were denied the annual increment and appropriate arrears. The High Court examined earlier orders of its coordinate benches in Writ Petitions No. 5445 of 2026, No. 3412 of 2026, and No. 15662 of 2025, which dealt with similar pension disputes. It held that petitioners are eligible for monetary benefits and the difference in pensionary benefits from the date of their superannuation, provided they had worked at least six months in the last year before retirement. The Court directed that the pension be recalculated to include the annual increment in the last drawn salary and that any arrears be paid within ninety days, but without interest due to the petitioners' delayed filing. Accordingly, the writ petition was partly allowed with the specified directions.
Issues considered
- Whether petitioners are entitled to pension benefits calculated with the annual increment of their last drawn salary
- Whether the eligibility condition of six months service in the last year before superannuation applies
- Whether arrears of pension are payable with interest when the petition is filed belatedly
Subjects
- pension
- superannuation
- arrears
- interest
- eligibility
- writ petition
- civil service
Judgment
2026:BHC-AUG:42009-DB
{1} 30-wp-11808-2026
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
30 WRIT PETITION NO. 11808 OF 2026
Pramodini Baliram Patil And Others
VERSUS
The State Of Maharashtra And Others
...
Ms. Sangita Sonpethkar, Advocate for the Petitioners
Mr. M.K. Goyanka, AGP for State
.......
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 10th SEPTEMBER, 2026
PER COURT :
1. Indisputably, the issue raised in this Petition 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 19th June, 2026 passed in Writ Petition No. 3412 of
2026.
2. Reliance is also placed on the order dated 18 th March, 2026
passed by the Co-ordinate Bench of this Court at Principal Seat in Writ
Petition No. 15662 of 2025.
3. For the reasons stated in the above mentioned orders, the Writ
Petition is partly allowed with following directions:
{2} 30-wp-11808-2026
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.)
Bhagyawant Punde
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