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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.




                                 Page 1 of 5
                                                                        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;


                                    Page 2 of 5
                                                                                          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




                                         Page 5 of 5


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