Bombay High Court
SHIVGANGA RAJKUMAR GURAV AND OTHERSversusTHE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court partially allowed the petitions, directing recalculation of pension benefits with increments, payment of arrears within 90 days, and denial of interest.
Summary
The petitioners, legal heirs of deceased government employees, filed writ petitions seeking monetary benefits and pension differentials due to their relatives. The Court examined earlier orders of the same High Court (Writ Petitions No. 5445/2026, 3412/2026, and 15662/2025) which addressed similar issues. It held that heirs are entitled to pension benefits calculated from the date of superannuation or death, provided the deceased had served at least six months in the last year before death. The pension must be recalculated to include the annual increment applicable to the last drawn salary. Arrears, if any, are to be paid within ninety days, but no interest will be awarded due to the petitioners' delayed filing. Consequently, the petitions were partially allowed with the specified directions.
Issues considered
- Whether legal heirs of deceased employees are entitled to pensionary benefits and arrears.
- Whether the pension should be recalculated to include the annual increment in the last drawn salary.
- Whether the deceased employee must have worked at least six months in the last year to qualify the heirs.
- Whether interest is payable on delayed arrears.
Subjects
- pension
- posthumous benefits
- arrears
- interest
- eligibility
- recalculation
- legal heirs
Judgment
{1} 27-wp-12861-2026
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
27 WRIT PETITION NO. 12861 OF 2026
Shivganga Rajkumar Gurav And Others
VERSUS
The State Of Maharashtra And Others
...
Mr. Jitendra Patil, Advocate for the Petitioners in all petitions
Mr. B.B. Bhise, AGP for State
39 WRIT PETITION NO. 12874 OF 2026
Kalpana Arun Chaudhari And Others
VERSUS
The State Of Maharashtra And Other
...
Ms. Neha Kamble, AGP for State
WRIT PETITION NO. 13394 OF 2026
Gulakshi Rohidas Patil And Another
VERSUS
The State Of Maharashtra And Other
Mr. B.B. Bhise, AGP for State
.......
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 30th SEPTEMBER, 2026
PER COURT :
1. These petitions are filed by legal heirs of deceased employees.
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
{2} 27-wp-12861-2026
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, the Writ
Petitions are partly allowed with following directions:
a. The Petitioners would be entitled for monetary benefits /
difference of pensionary benefits of the deceased
employees as per the actuals w.e.f. their respective dates
of superannuation/death, provided the deceased
employees have worked for 6 months or more in the last
year up to their superannuation/death.
b. The pensionary benefits of the deceased employees
would be recalculated by including the annual increment in
their last drawn salary prior to their superannuation/death
and such recalculated pensionary benefits shall be payable
to the petitioners.
c. Arrears if any, of the deceased employees shall be paid
to the petitioners 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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