Bombay High Court
VINAYAK UTTAMRAO BHUSAWALE AND OTHERSversusTHE STATE OF MAHARASHTRA THR SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court held that petitioners are entitled to pension benefits recalculated to include the annual increment in their last drawn salary, provided they have served six months or more in the year preceding superannuation, and that arrears must be paid within 90 days without interest.
Summary
A large group of writ petitions filed by former government employees sought enhanced pension benefits from the State of Maharashtra. The petitioners argued 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 payable within 90 days, provided they had served at least six months in the year preceding superannuation. The Court referred to its earlier orders in Writ Petition Nos. 5445/2026, 3412/2026 and 15662/2025, which dealt with similar pensionary disputes. It held that the petitioners meet the eligibility criteria and are entitled to the recalculated pensionary benefits, with arrears to be paid within the stipulated period but without any interest component. Consequently, the petitions were partly allowed, directing the State to compute and disburse the benefits accordingly.
Issues considered
- Whether former employees are entitled to pension benefits calculated on the basis of the last drawn salary including the annual increment
- Whether the petitioners satisfy the eligibility condition of having worked at least six months in the last year before superannuation
- Whether arrears of pensionary benefits must be paid within a specific time frame and whether interest is payable on delayed payments
Subjects
- pension
- superannuation
- arrears
- interest
- service law
- writ petition
- Maharashtra
- recalculation of pension
- eligibility
Judgment
2026:BHC-AUG:43330-DB
{1} 31-wp-12190-2026
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
31 WRIT PETITION NO. 12190 OF 2026
Bhagwat Vishwanath Deshmukh And Others
VERSUS
The State Of Maharashtra And Others
...
Mr. Swapnil A. Deshmukh, Advocate for the Petitioners
Ms. Neha Kamble, AGP for State
67 WRIT PETITION NO. 12227 OF 2026
Vijayakumar Bhimrao Kulkarni And Another
VERSUS
The State Of Maharashtra And Others
...
Mr. Chaitanya Deshpande, Advocate for the Petitioners
Mr. N.D. Batule, AGP for State
WRIT PETITION NO. 12637 OF 2026
Arvind Motiram Rathod And Others
VERSUS
The State Of Maharashtra And Others
...
Mr. S.B. Bhosale, Advocate for the Petitioners
Mr. S.K. Tambe, AGP for State
WRIT PETITION NO. 12682 OF 2026
Damodhar Pandurang Ghorpade
VERSUS
The State Of Maharashtra And Others
...
Mr. Vishal Bagal, Advocate for the Petitioners
Ms. Neha Kamble, AGP for State
Mr. Vinod Patil, Advocate for Respondents No. 3, 5 to 7
Mr. Vinod Vibhute, Advocate for Respondent No. 4
WRIT PETITION NO. 12683 OF 2026
{2} 31-wp-12190-2026
Vinayak Uttamrao Bhusawale And Others
VERSUS
The State Of Maharashtra And Others
...
Mr. Umesh B. Gite, Advocate for the Petitioners
Mr. N.D. Batule, AGP for State
WRIT PETITION NO. 12684 OF 2026
Pandit Jagnnath Ambade
VERSUS
The State Of Maharashtra And Others
...
Mr. Umesh B. Gite, Advocate for the Petitioner
Mr. S.K. Tambe, AGP for State
WRIT PETITION NO. 12686 OF 2026
Amruta Govindrao Kadam
VERSUS
The State Of Maharashtra And Others
...
Mr. Prasad Jarare, Advocate for the Petitioner
Mr. B.B. Bhise, AGP for State
WRIT PETITION NO. 12687 OF 2026
Madhukar Sitaram Sargule
VERSUS
The State Of Maharashtra And Others
...
Mr. Vaibhav Pawar, Advocate for the Petitioner
Mr. A.B. Girase, Government Pleader for State
WRIT PETITION NO. 12689 OF 2026
Bhagwanth Ragholu Nemmaniwar And Others
VERSUS
The State Of Maharashtra And Others
...
Mr. Vaibhav Pawar, Advocate for the Petitioners
Mr. V.M. Kagne, AGP for State
{3} 31-wp-12190-2026
WRIT PETITION NO. 12691 OF 2026
Vivek Dashrath Chandanshive And Others
VERSUS
The State Of Maharashtra And Others
...
Mr. R.K. Jadhavar, Advocate for the Petitioners
Mrs. Saie Joshi, AGP for State
WRIT PETITION NO. 12692 OF 2026
Janardhan Anandrao Mante And Others
VERSUS
The State Of Maharashtra And Others
...
Mr. Vishal Bagal, Advocate for the Petitioners
Mr. S.R. Wakle, AGP for State
WRIT PETITION NO. 12693 OF 2026
Gangadhar Ramrao Kachave And Others
VERSUS
The State Of Maharashtra And Others
...
Mr. Estling Murge, Advocate for the Petitioners
Mr. S.K. Tambe, AGP for State
WRIT PETITION NO. 12694 OF 2026
Balasaheb Nagorao Anantwar And Others
VERSUS
The State Of Maharashtra And Others
...
Mr. Vaibhav Pawar, Advocate for the Petitioners
Ms. Neha Kamble, AGP for State
WRIT PETITION NO. 12695 OF 2026
Vinayak Vitthalrao Wagh And Others
VERSUS
The State Of Maharashtra And Others
...
Mr. Swapnil A. Deshmukh, Advocate for the Petitioners
{4} 31-wp-12190-2026
Mr. N.D. Batule, AGP for State
WRIT PETITION NO. 12696 OF 2026
Vitthal Vishnu Tambde And Others
VERSUS
The State Of Maharashtra And Others
...
Mr. R.K. Jadhavar, Advocate for the Petitioners
Mr. S.K. Tambe, AGP for State
WRIT PETITION NO. 12697 OF 2026
Ramrao Vitthalrao Jaybhaye And Others
VERSUS
The State Of Maharashtra And Others
...
Mr. Vaibhav Pawar, Advocate for the Petitioners
Mr. B.B. Bhise, AGP for State
WRIT PETITION NO. 12698 OF 2026
Eknath Pandharinath Dhakane And Others
VERSUS
The State Of Maharashtra And Others
...
Mr. Estling Murge, Advocate for the Petitioners
Mr. V.M. Kagne, AGP for State
WRIT PETITION NO. 12699 OF 2026
Ramesh Mangu Walke And Others
VERSUS
The State Of Maharashtra And Others
...
Mr. Estling Murge, Advocate for the Petitioners
Mrs. Saie Joshi, AGP for State
WRIT PETITION NO. 12702 OF 2026
Liyakat Niyamat Khan And Others
VERSUS
The State Of Maharashtra And Others
{5} 31-wp-12190-2026
...
Mr. Vishal Bagal, Advocate for the Petitioners
Mr. S.R. Wakle, AGP for State
.......
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 21st SEPTEMBER, 2026
PER COURT :
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 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, 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.
{6} 31-wp-12190-2026
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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