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Bombay High Court

LOTAN SHRAVAN THAKUR AND OTHERSversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

An employee who has rendered at least six months of service in the year preceding superannuation is entitled to the annual increment under Rule 10 of the Maharashtra Civil Services (Revised Pay) Rules, 2009, and the pension must be calculated on that revised salary.

Summary

The petitioners, retired government employees, sought directions for the Zilla Parishad to grant them the notional annual increment that became due on 1 July after their retirement, arguing that they had rendered at least six months of service in the preceding year. They relied on Rule 10 of the Maharashtra Civil Services (Revised Pay) Rules, 2009, and the accounting year prescribed by the 6th Pay Commission. The Court noted that earlier decisions, including Balaji Manikrao Biradar v. State of Maharashtra (2022) and Director (ADMN. and HR) KPTCL v. V. C. P. Mundinamani (2023), held that an employee who superannuates on 30 June is deemed to have earned the annual increment if he/she has worked six months or more in that year. Accordingly, the Court partially allowed the writ petitions, directing that pension benefits be recalculated to include the increment, arrears be paid within 90 days, and no interest be awarded for delayed claims. The order applies to all petitioners who satisfy the six‑month service condition.

Issues considered

  • Whether a government employee who superannuates on 30 June is entitled to the annual increment for that year under Rule 10 of the Maharashtra Civil Services (Revised Pay) Rules, 2009.
  • Whether pensionary benefits must be recalculated to incorporate the earned annual increment.
  • Whether interest is payable on arrears of pensionary benefits when the claim is made belatedly.

Legislation cited

Subjects

  • annual increment
  • pension calculation
  • superannuation
  • Maharashtra Civil Services Rules
  • 6th Pay Commission
  • writ petition
  • retirement benefits

Judgment

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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

              28 WRIT PETITION NO. 12133 OF 2026

                 Suresh Shivdas Pawar And Others
                             VERSUS
              The State Of Maharashtra And Others
                                ...
Mr. Patil Vinod Prakash, Advocate for the Petitioner
Mr. B. B. Bhise, AGP for Respondents/State
                                …
                              AND
             44 WRIT PETITION NO. 12150 OF 2026

              Mahadeo Goroba Gaikwad And Others
                            VERSUS
  The State Of Maharashtra Through Its Secretary And Others
                               ...
Mr. Deshpande Chaitanya Rajesh, Advocate for the Petitioner
Mr. A. B. Girase, AGP for Respondents/State
                               ...
                              AND
             1 WRIT PETITION NO. 12533 OF 2026

                     Kisan Shenfed Magare
                            VERSUS
 The State Of Maharashtra Through Its Principal Secretary And
                             Others
                               ...
Mr. Govind R. Ingole & Mr. Babasaheb V. Ambhore, Advocate for
the Petitioner
Mr. M. K. Goyanka, AGP for Respondents/State
                               ...
                              AND
             2 WRIT PETITION NO. 12534 OF 2026

              Baban Rambhau Avhad And Others
                           VERSUS
    The State Of Maharashtra Through Secretary And Others
                              ...

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Mr. Murge Estling S., Advocate for the Petitioner
Mr. S. K. Tambe, AGP for Respondents
                               ...
                             AND
             3 WRIT PETITION NO. 12538 OF 2026

                       Anita Ramesh Patel
                             VERSUS
 The State Of Maharashtra Through Its Principal Secretary And
                              Others
                                ...
Mr. Pisal Pramod A., Advocate for the Petitioner
Ms. S. S. Joshi, AGP for Respondents/State
                                ...
                               AND
             4 WRIT PETITION NO. 12551 OF 2026

                Shardini Dhondurao Suryawanshi
                            VERSUS
 The State Of Maharashtra Through Its Principal Secretary And
                             Others
                               ...
Mr. Kale Anil Panditrao, Advocate for the Petitioner
Mr. B. B. Bhise, AGP for Respondents/State
                               ...
                              AND
             5 WRIT PETITION NO. 12557 OF 2026

               Namdeo Arjun Thakare And Others
                           VERSUS
    The State Of Maharashtra Through Secretary And Others
                               ...
Mr. Murge Estling S., Advocate for the Petitioner
Mr. S. K. Tambe, AGP for Respondents/State
                               ...
                             AND
             6 WRIT PETITION NO. 12559 OF 2026

               Eknath Bhivaji Bhor And Others
                          VERSUS
  The State Of Maharashtra Through Its Secretary And Others

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                               ...
Mr. Murge Estling S., Advocate for the Petitioner
Mr. V. M. Kagne, AGP for Respondents/State
                               ...
                             AND
             7 WRIT PETITION NO. 12560 OF 2026

            Suresh Shankarrao Jadhav And Others
                           VERSUS
 The State Of Maharashtra Through Its Principal Secretary And
                            Others
                              ...
Mr. Madde Shrikant B, Advocate for the Petitioner
Ms. N. B. Kamble, AGP for Respondents/State
                              ...
                             AND
            8 WRIT PETITION NO. 12561 OF 2026

               Lotan Shravan Thakur And Others
                            VERSUS
  The State Of Maharashtra Through Its Secretary And Others
                               ...
Mr. Bolkar Yogesh B., Advocate for the Petitioner
Mr. N. D. Batule, AGP for Respondents/State
Mr. S. R. Dheple, Advocate for Respondent Nos.4 and 5
                               ...
                              AND
             9 WRIT PETITION NO. 12568 OF 2026

                  Sajan Jeevan Patil And Others
                            VERSUS
  The State Of Maharashtra Through Its Secretary And Others
                               ...
Mr. Shaikh Mohammad Naseer A, Advocate for the Petitioner
Mr. S. R. Wakle, AGP for Respondents/State
                               ...
                              AND
            10 WRIT PETITION NO. 12562 OF 2026

            Navnath Dashrath Kamble And Others
                         VERSUS

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              The State Of Maharashtra And Others
                                 ...
Mr. Rajendra G. Hange & Mr. H. R. Hange, Advocate for the
Petitioner
Mr. A. G. Girase, G.P. for Respondents/State
Mr. Suhas R. Shirsath, Advocate for Respondent Nos.6, 8 and 9
                                 ...
                                AND
             11 WRIT PETITION NO. 12547 OF 2026

          Ravindra Purushottam Chaudhari And Others
                             VERSUS
              The State Of Maharashtra And Others
                                ...
Mr. Jitendra Vijay Patil, Advocate for the Petitioner
Ms. S. S. Joshi, AGP for Respondents/State
                                ...
                               AND
             12 WRIT PETITION NO. 12548 OF 2026

                Ashok Bhimrao Marathe And Others
                              VERSUS
               The State Of Maharashtra And Others
                                 ...
Mr. Patil Jitendra Vijay, Advocate for the Petitioner
Mr. M. K. Goyanka, AGP for Respondents/State
                                 ...
                               AND
              13 WRIT PETITION NO. 12549 OF 2026

                 Pramod Ziparu Kuwar And Others
                              VERSUS
               The State Of Maharashtra And Ohters
                                 ...
Mr. Patil Jitendra Vijay, Advocate for the Petitioner
Mr. B. B. Bhise, AGP for Respondents/State
                                 ...
                               AND
              14 WRIT PETITION NO. 12550 OF 2026

            Shaikh Shakil Shaikh Ismail And Others

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                              *5*                       28-wp-12133-2026


                              VERSUS
 The State Of Maharashtra Through Its Principal Secretary And
                               Others
                                 ...
Mr. Patil Jitendra Vijay, Advocate for the Petitioner
Mr. V. M. Kagne, AGP for Respondents/State
                                 ...
                                AND
              15 WRIT PETITION NO. 12552 OF 2026

                 Shobha Pandit Wani And Others
                              VERSUS
               The State Of Maharashtra And Others
                                 ...
Mr. Patil Jitendra Vijay, Advocate for the Petitioner
Ms. N. B. Kamble, AGP for Respondents/State
Mr. S. R. Dheple, Advocate for Respondent Nos.4 and 5
                                 ...
                               AND
              16 WRIT PETITION NO. 12553 OF 2026

             Ujvala Dnyaneshwar Gaikwad And Others
                              VERSUS
               The State Of Maharashtra And Others
                                 ...
Mr. Patil Jitendra Vijay, Advocate for the Petitioner
Mr. S. R. Wakle, AGP for Respondents/State
                                 ...
                               AND
              17 WRIT PETITION NO. 12554 OF 2026

         Harendrakumar Pandharinath Shete And Others
                              VERSUS
               The State Of Maharashtra And Others
                                 ...
Mr. Patil Jitendra Vijay, Advocate for the Petitioner
Mr. N. D. Batule, AGP for Respondents/State
                                 ...
                               AND
              18 WRIT PETITION NO. 12555 OF 2026


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                 Trambak Vitthal Patil And Others
                              VERSUS
               The State Of Maharashtra And Others
                                 ...
Mr. Patil Jitendra Vijay, Advocate for the Petitioner
Mr. A. G. Girase, AGP for Respondents/State
                                 ...
                               AND
              19 WRIT PETITION NO. 12556 OF 2026

            Tajsultana Riyaz Ahemed Lunje And Others
                              VERSUS
 The State Of Maharashtra Through Its Principal Secretary And
                               Others
                                 ...
Mr. Patil Jitendra Vijay, Advocate for the Petitioner
Ms. N. B. Kamble, AGP for Respondents/State
                                 ...
                                AND
              20 WRIT PETITION NO. 11771 OF 2026

               Vasant Dattatray Wavhal And Ohters
                             VERSUS
              The State Of Maharashtra And Others
                                ...
Mr. Arvind Gopalrao Ambetkar, Advocate for the Petitioner
Mr. B. B. Bhise, AGP for Respondents/State
                                ...

                  CORAM : NITIN B. SURYAWANSHI &
                          ABASAHEB D. SHINDE, JJ.
                  DATE : 16th SEPTEMBER 2026
P. C. :-

1.          By these petitions, the petitioners seek directions to

the respondent Zilla Parishad to grant them notional / annual

increment which was due on 01st July i.e. after their retirement,

as they have served with good conduct for more than six months

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in a year. Further direction is sought to recalculate their

retirement benefits by including annual increment and all the

consequential service benefits.

2.          Learned advocate for petitioners submit that the

petitioners are in fact seeking the benefit of Rule 10 of the

Maharashtra Civil Services (Revised Pay) Rules, 2009.

3.          The issue raised by these petitioners is no longer res

integra. Under the 6th Pay Commission, the year for accounting

the annual increments is from 1st July up to the 30th day of

June of the next year. The issue as to whether a candidate would

be entitled for such increment if he/she superannuates on 30th

June, was dealt with by several Courts.

4.          The judgment dated 4th May, 2022 delivered by

this Court in Writ Petition No. 14632 of 2021 [Balaji Manikrao

Biradar vs. State of Maharashtra & Others], led to the

conclusion that since this increment is not an advance

increment, but is an increment which is payable after

completing one year of employment, notwithstanding that a

candidate superannuates after office hours on 30th June, he is

deemed to have earned the annual increment and, therefore, the

increment is payable.

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5.          Several orders/judgments delivered by this Court

were assailed before the Hon'ble Supreme Court and the same

have been sustained. A large bunch of cases were taken up for

adjudication by the Hon'ble Supreme Court in Director (ADMN.

and HR) KPTCL vs. V. C. P. Mundinamani, reported in AIR 2023

SC 1956 and it was concluded that the said increment is earned

by an employee for working over one year and hence, the

employee is entitled to an increment even if he/she retires on

30th June of a particular year.

6.          Insofar as cases wherein an employee may have

worked for a lessor duration during one year, Rule 10 of the

Maharashtra Civil Services (Revised Pay), Rules, 2009 would

cover cases of employees who have worked for six months and

above in the revised pay structure as on 1st July, and would also

be entitled for the increment. All those petitioners who have

worked for six months and above in a particular year, would be

entitled for the benefits of the annual increment and their

retirement dues would be calculated by reckoning such

increment while calculating their last drawn wages.

7.          In view of the above, the Writ Petitions are partly

allowed with following directions:-

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          (a) The petitioners would be entitled for monetary

          benefits/difference of pensionary benefits as per the

          actuals    w.e.f.   from   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 be not entitled for the interest component.




(ABASAHEB D. SHINDE, J.)               (NITIN B. SURYAWANSHI, J.)




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