Bombay High Court

NAGNATH BHAGWANTRAO KALE AND OTHERSversusTHE STATE OF MAHARASHTRA THR SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

Pension benefits are to be recalculated by including the annual increment in the last drawn salary, with arrears payable within 90 days and no interest awarded.

Summary

The Bombay High Court, Aurangabad Bench, heard a series of writ petitions filed by former government employees seeking enhanced pension benefits. The petitioners argued that their pension should be calculated on the basis of the last drawn salary including the annual increment, and that they were entitled to arrears of difference. The State contended that the existing pension rules applied and that interest on delayed payments should be payable. Relying on earlier orders of the same court (Writ Petition Nos. 5445/2026, 3412/2026, and 15662/2025), the Court held that the petitioners are eligible for the difference in pensionary benefits, provided they had served at least six months in the last year before superannuation, and that the pension must be recalculated with the annual increment. The Court directed payment of any arrears within 90 days but denied any interest component due to the petitioners’ belated filing. The petitions were therefore partly allowed.

Issues considered

The method of calculating pensionary benefits for retired government employees
Whether the annual increment in the last drawn salary should be included in pension calculation
Eligibility criteria based on service period in the last year before superannuation
Whether interest is payable on delayed pension arrears

Subjects

pension
superannuation
annual increment
arrears
interest
writ petition
civil service

Judgment

2026:BHC-AUG:44306-DB

*1* notional increment

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

WRIT PETITION NO.12042 OF 2026

Miss Padma Tirupati Peddalwar
Vs.
The State of Maharashtra and Others
…
Mr. Govind R. Ingole, Advocate for the petitioner
Mr. M. K. Goyanka, AGP for Respondent/State
Mr. M. N. Navandar, Advocate for Respondent
Nos.3 and 4
...
AND
WRIT PETITION NO.12781 OF 2026

Mahesh Yashwant Raje and Others
Vs.
The State of Maharashtra and Others
…
Mr. Abhay M. Choudhary, Advocate for the petitioner
Ms. S. S. Joshi, AGP for Respondent/State
...
AND
WRIT PETITION NO.12786 OF 2026

Sunil Madhukarrao Raut and Others
Vs.
The State of Maharashtra and others

Mr. Santosh N. Pawde, Advocate for the petitioner
Mr. S. R. Wakle, AGP for Respondent/State
…
AND
WRIT PETITION NO.12802 OF 2026

Nandkumar Manikrao Padwal and Others
Vs.
The State of Maharashtra and Others

Narwade
*2* notional increment

Mr. Madde Shrikant B., Advocate for the petitioner
Mr. B. B. Bhise, AGP for Respondent/State
…
AND
WRIT PETITION NO.12803 OF 2026

Nagnath Bhagwantrao Kale and others
Vs.
The State of Maharashtra and Others

Mr. S. S. Jadhavar, Advocate for the petitioner
Mr. S. K. Tambe, AGP for Respondent/State
Mr. B. B. Bhise, Advocate for Respondent Nos.5 & 7
…
AND
WRIT PETITION NO.12804 OF 2026

Muntajiboddin Abdul Wahab Shaikh and Others
Vs.
The State of Maharashtra and Others

Mr. Kakasaheb B. Jadhav, Advocate for the petitioner
Ms. N. B. Kamble, AGP for Respondent/State
…
AND
WRIT PETITION NO.12805 OF 2026

Arjun Govardhan Waghmare and Others
Vs.
The State of Maharashtra and Others

Mr. S. S. Jadhavar, Advocate for the petitioner
Mr. V. M. Kagne, AGP for Respondent/State
Mr. B. B. Bhise, Advocate for Respondent Nos.2 & 3
…
AND
WRIT PETITION NO.12806 OF 2026

Ram Chandrabhan Ingole and Others
Vs.
The State of Maharashtra and Others

Narwade
*3* notional increment

Mr. Rhishikesh A. Joshi, Advocate for the petitioner
Mr. A. B. Girase, GP for Respondent/State
…
AND
WRIT PETITION NO.12807 OF 2026

Angad Dyanoba Khot and Others
Vs.
The State of Maharashtra and Others

Mr. S. S. Jadhavar, Advocate for the petitioner
Ms. S. S. Joshi, AGP for Respondent/State
Mr. B. B. Bhise, Advocate for Respondent No.3
…
AND
WRIT PETITION NO.12808 OF 2026

Futane Madhukar Rajaram and Others
Vs.
The State of Maharashtra and Others

Mr. Shrikant B. Madde, Advocate for the petitioner
Mr. S. R. Wakle, AGP for Respondent/State
…
CORAM : NITIN B. SURYAWANSHI &
ABASAHEB D. SHINDE, JJ.
DATE : 22nd AUGUST 2026
P. C. :-

1. Not on board. Upon mentioning, taken on board.
2. 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 in Writ
Petition No. 3412 of 2026.

3. Reliance is also placed on order dated 18 th March, 2026

Narwade
*4* notional increment

passed by the Co-ordinate Bench of this Court at Principal Seat,
Bombay in Writ Petition No. 15662 of 2025.

4. For the reasons stated in the above mentioned orders, the
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.

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.)

Narwade

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