Bombay High Court
VIJAYALAXMI ANIL DUMBRE DECDSED THR LEGAL HEIRS AND ORSversusTHE STATE OF MAHRASTRA THR DEPT OF EDUCATION AND ORS
- Decided
- Disposal
- Disposed Off
Holding
Petitioners are entitled to a notional annual increment for pension recalculation, with arrears payable within 90 days and no interest awarded.
Summary
The petitioners, former employees of the Maharashtra Department of Education, sought a notional annual increment to be factored into their last drawn salary for the purpose of recalculating pension and other retirement benefits, arguing they had rendered more than six months of qualifying service after the last increment before superannuation. The Court noted that the same issue had been decided in the batch of writ petitions in Sampat Govind Pansare & Ors. v. State of Maharashtra, where it was held that employees who work for at least six months in the last year before retirement are entitled to such an increment. Relying on that precedent, the Court ordered that the petitioners’ pensionary benefits be recomputed by including the notional increment, with any arrears to be paid within 90 days, and declined any claim for interest due to the belated filing. The order also dismissed the petitions with no costs awarded. The decision was rendered by a two‑judge bench of the Bombay High Court.
Issues considered
- Whether former employees who have rendered more than six months of qualifying service after the last annual increment are entitled to a notional increment for pension calculation.
- Whether the pensionary benefits should be recalculated by including the notional increment in the last drawn salary.
- Whether arrears, if any, are payable with interest when the petition is filed belatedly.
Subjects
- pension
- annual increment
- superannuation
- notional increment
- mandamus
- Article 226
- Article 227
- Maharashtra Education Department
- arrears
- interest
Judgment
16_WP_12183_2026.DOC
Shivgan
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 12183 OF 2026
Prabhakar Narayan Merukar and Ors. ...Petitioners
Versus
The State of Maharashtra
Thr Dept of Education and Ors ...Respondents
WITH
WRIT PETITION NO. 12223 OF 2026
Vitthal Ananta Kute and Ors ...Petitioners
Versus
The State of Maharashtra
Thr Dept of Education and Ors ...Respondent
WITH
WRIT PETITION NO. 12224 OF 2026
Vijayalaxmi Anil Dumbre Decd
Thr Legal Heirs and Ors. ...Petitioners
Versus
The State of Maharashtra
Thr Dept of Education and Ors. ...Respondents
_______
Mr Niranjan Bhavake, with Drishti Madhani, Anurag Ramekar, Vaishnavi Chore,
Mudra Bhayje, i/b Bhavake and Associate Advocates, for Petitioners.
Mr P P Kakade, Addl GP, with Nisha M Mehra, AGP, for Respondent-State in
WP/12183/2026 and WP/12224/2026.
Ms P N Diwan, AGP for Respondent-State in WP/12223/2026.
Mr Sandeep Dilip Shinde, for Respondent Nos.4 to 6.
_______
CORAM: G. S. KULKARNI &
DR. NEELA GOKHALE, JJ.
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16_WP_12183_2026.DOC
DATE: 30th SEPTEMBER 2026
P.C.
1. We have heard learned counsel for the parties.
2. This batch of Writ Petitions involve common issues of law and facts, hence,
they are being disposed of, by this common order. For the convenience, we note
the prayers as made in the Writ Petition No. 12183 of 2026:
“a. Issue Rule nisi;
b. Issue an appropriate writ, order or direction in the nature of
Mandamus under Articles 226 and 227 of the Constitution of India,
thereby directing the Respondent Authorities to grant to the
Petitioners one notional annual increment falling due on 1 st July
immediately following their respective dates of superannuation, in
view of the fact that the Petitioners had rendered more than six
months of qualifying service from the date of grant of their respective
previous annual increments until their respective dates of retirement;
c. Issue an appropriate writ, order or direction in the nature of
Mandamus under Articles 226 and 227 of the Constitution of India,
thereby directing the Respondent Authorities to notionally include
the said annual increment in the last drawn pay of the Petitioners and
consequently revise/recalculate the pensionary and retirement benefits
of the Petitioners on the basis of such revised last drawn pay;
d. Issue an appropriate writ, order or direction in the nature of
Mandamus, thereby directing the Respondent Authorities to
recalculate and revise all consequential pensionary and retirement
benefits payable to the Petitioners, including pension, family pension
wherever applicable, gratuity, commutation benefits, leave.
encashment and all other benefits which are required to be computed
with reference to the Petitioners' last drawn pay, after taking into
consideration the aforesaid notional annual increment;
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16_WP_12183_2026.DOC
e. Declare that the Petitioners, having rendered more than six months
of qualifying service from the date of grant of their respective previous
annual increments until their respective dates of superamustion, are
entitled to the benefit of one annual increment falling due on 1 st July
immediately following their respective dates of retirement,
notwithstanding that the Petitioners were not in service on the date
on which the said increment was actually payable;
f. Pending the hearing and final disposal of the present Writ Petition,
direct the Respondent Authorities provisionally take into
consideration the aforesaid annual increment for the purpose of
computation of the Petitioners' pensionary and retirement benefits
and/or pass such appropriate interim orders as this Hon'ble Court
may deem fit and proper in the facts and circumstances of the present
case;
g. Award costs of the present Petition to the Petitioners;
h. Grant such other and further reliefs as this Hon'ble Court
may deem fit, just and proper in the facts and circumstances of
the present case.”
3. At the outset, the learned counsel for the parties would agree that the
proceedings can be disposed of, considering the view taken by this Court in a batch
of Writ Petitions in the case of Sampat Govind Pansare & Ors. v. State of
Maharashtra & Ors1 decided by a Co-ordinate Bench of this Court to which one
of us (G.S.Kulkarni, J.) was a member by an order dated 29 th July 2026 in which
this Court on similar facts and circumstances of the case, disposed of proceedings,
by the following operative order:-
(a) The Petitioners would be entitled for monetary benefits/difference of
pensionary benefits as per the actuals with effect from their respective
1 WP No.8805 of 2026 along with connected matters decided on 29.7.2026.
Page 3 of 5
16_WP_12183_2026.DOC
dates of superannuation, on verification that 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.
7. This being an admitted position at the Bar, these Writ Petitions can
be disposed of in similar terms. We are hence inclined to dispose of the Writ
Petitions in terms of the following order:-
(i) The Petitioners would be entitled for monetary
benefits/difference of pensionary benefits as per the
actuals with effect from their respective dates of
superannuation, on verification that they have worked for
6 months or more in the last year up to their
superannuation.
(ii) The pensionary benefits of the Petitioners would be
recalculated by including the annual increment in their last
Page 4 of 5
16_WP_12183_2026.DOC
drawn salary prior to their superannuation and such
recalculated pensionary benefits shall be payable to them.
(iii) 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.
4. The Writ Petitions stand disposed of in the aforesaid terms. No costs.
(DR. NEELA GOKHALE, J) (G. S. KULKARNI, J.)
SHAMBHAVI
NILESH
SHIVGAN
Digitally signed by
SHAMBHAVI NILESH
SHIVGAN
Date: 2026.10.06
19:20:01 +0530
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