Bombay High Court
PANDURANG KRUSHNA DAMARE AND ORS.versusTHE STATE OF MAHARASHTRA THR. THE SECRETARY RURAL DEVELOPMENT DEPT. AND ORS.
- Disposal
- Disposed Off
Holding
The Court held that the increment payable on 1 July shall be notionally included for calculating the pensionary benefits of petitioners who superannuated on 30 June and ordered payment of arrears for up to three years.
Summary
The petitioners, who retired on 30 June of various years, sought a notional addition of the annual increment that became payable on 1 July, arguing that it should be counted for pension, gratuity and other benefits. The Court relied on its earlier order in Prakash Tulshiram Chaudhari v. State of Maharashtra, which in turn followed the Madras High Court decision in P. Ayyamperumal v. Registrar, CAT, holding that an employee who completes a full year of service is entitled to the increment even if the increment date falls after retirement. The Supreme Court had upheld both the Madras High Court judgment and the Bombay High Court’s 2021 order. Applying this precedent, the Court allowed the writ petition, directing that the notional increment be included for calculating pensionary benefits and that arrears be paid for up to three years preceding each petitioner’s superannuation, with payment to be made by 30 November 2026.
Issues considered
- The entitlement of a notional annual increment payable on 1 July to employees who superannuated on 30 June
- Whether such increment must be factored into pension, gratuity, earned leave and commutation calculations
- The period for which arrears of the notional increment can be claimed
Legislation cited
- Central Civil Services (Revised Pay) Rules, 2008
- Maharashtra Civil Services (Revised Pay) Rules, 2009
- Recommendations of the 6th Pay Commission
Subjects
- annual increment
- pension calculation
- superannuation
- notional benefit
- Maharashtra Civil Services (Revised Pay) Rules
- Central Civil Services (Revised Pay) Rules
- 6th Pay Commission
- arrears
- writ petition
Judgment
17 wp-2244-2026(c).odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2244 OF 2026
Pandurang Krushna Damare and Others. ….Petitioners.
Versus
The State of Maharashtra and others. ….Respondents.
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Mr. Umesh Kurnd for the Petitioners (thr. V.C.).
Mr. V. M. Mali, AGP for the Respondent No. 1 and 2.
Mr. Ashok Misal for Respondent Nos.3 and 4 (ZP, Solapur).
----
CORAM : RAVINDRA V. GHUGE, ACJ.
&
NANDESH S. DESHPANDE, J.
DATE : JULY 10, 2026
P.C. :-
1. In this Petition, the issue that has been raised by the
Petitioners is as regards the notional addition of an annual increment,
while computing their pension and pensionary benefits. Such
increment became due and payable one day after their superannuation.
This issue has been considered and decided by this Court [Coram :
Ravindra V.Ghuge & Avinash G. Gharote, JJ.] by order dated
24th June, 2021 in Writ Petition No.6396 of 2020 filed by Prakash
Tulshiram Chaudhari Vs. State of Maharashtra. This order was assailed
by the State of Maharashtra before the Hon’ble Supreme Court of
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India in Special Leave to Appeal (C) No. 206 of 2022. The Hon’ble
Apex Court [Coram : Hon’ble Mr. Justice S. Abdul Nazeer & Hon’ble
Mr. Justice Krishna Murari] passed an order on 12.01.2022
concluding as under:-
“We are not inclined to interfere with the
impugned order. The Special Leave Petition is,
accordingly, dismissed.
Pending application also stands disposed
of.”
2. This Court had based its order dated 24 th June, 2021, on the
conclusions arrived at by the learned Division Bench of the Madras
High Court on 15.09.2017 in Writ Petition No.15732/2017 filed by P.
Ayyamperumal Vs. The Registrar, Central Administrative Tribunal and
others. We had referred to the said judgment in our order dated
24.06.2021 and had concluded as under:-
“3. The petitioner has raised a very short issue
before us. His retirement fell on 30.06.2019 and had he
retired on 01.07.2019, he would have been entitled for
annual increment as is provided under Rule 10 of the
Central Civil Services (Revised Pay) Rules, 2008.
Considering this provision, the Government of
Maharashtra revised the Maharashtra Civil Services
(Revised Pay) Rules, 2009 and brought uniformity in
the payment of annual increments. There is no dispute
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that the petitioner had worked up to 30.06.2019. He
has thus, completed one year prior to his retirement.
He would be entitled for an annual increment, but for
the fact that the Rules prescribed that he would be
entitled to such increment if he has worked on
01.07.2019, when it became payable.
4. The issue raised in this petition has been
squarely covered by the judgment delivered by the
learned Division Bench of the Madras High Court on
15.09.2017 in Writ Petition No.15732/2017 filed by P.
Ayyamperumal vs. The Registrar, Central Administrative
Tribunal and others. The facts in the case before the
Madras High Court were set out in paragraphs 5 and 6
and the Madras High Court drew it’s conclusions in
paragraph 7 and allowed the petition. Paragraphs 5 to 7
read as under :-
“5. The petitioner retired as Additional Director
General, Chennai on 30.06.2013 on attaining the age
of superannuation. After the Sixth Pay Commission,
the Central Government fixed 1st July as the date of
increment for all employees by amending Rule 10 of
the Central Civil Services (Revised Pay) Rules, 2008.
In view of the said amendment, the petitioner was
denied the last increment, though he completed a full
one year in service, i.e. from 01.07.2012 to
30.06.2013. Hence, the petitioner filed the original
application in O.A.No.310/00917/2015 before the
Central Administrative Tribunal, Madras Bench, and
the same was rejected on the ground that an
incumbent is only entitled to increment on 1st July if
he continued in service on that day.
6. In the case on hand, the petitioner got
retired on 30.06.2013. As per the Central Civil Services
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(Revised Pay) Rules, 2008, the increment has to be
given only on 01.07.2013, but he had been
superannuated on 30.06.2013 itself. The judgment
referred to by the petitioner in State of Tamil Nadu,
rep.by its Secretary to Government, Finance Department
and others v.
M.Balasubramaniam, reported in CDJ 2012 MHC 6525,
was passed under similar circumstances on
20.09.2012, wherein this Court confirmed the order
passed in W.P.No.8440 of 2011 allowing the writ
petition filed by the employee, by observing that the
employee had completed one full year of service from
01.04.2002 to 31.03.2003, which entitled him to the
benefit of increment which accrued to him during that
period.
7. The petitioner herein had completed
one full year service as on 30.06.2013, but the
increment fell due on 01.07.2013, on which date he
was not in service. In view of the above judgment of
this Court, naturally he has to be treated as having
completed one full year of service, though the date of
increment falls on the next day of his retirement.
Applying the said judgment to the present case, the
writ petition is allowed and the impugned order
passed by the first respondent-Tribunal dated
21.03.2017 is quashed. The petitioner shall be given
one notional increment for the period from
01.07.2012 to 30.06.2013, as he has completed one
full year of service, though his increment fell on
01.07.2013, for the purpose of pensionary benefits
and not for any other purpose. No costs.”
5. The judgment of the Madras High Court in
P.Ayyamperumal (supra) was carried in Special Leave
Petition (Civil) Diary No.22283/2018. By order dated
23.07.2018, the Honourable Supreme Court dismissed the
said Special Leave Petition.
6. There is no dispute that Rule 10 of the
Maharashtra Civil Services (Revised Pay) Rules, 2009 is
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identical to the amended Rule 10 of the Central Civil
Services (Revised Pay) Rules, 2008 in relation to the
uniformity in annual increments.
7 Considering the above, this Writ Petition is
allowed. As the petitioner is superannuated on
30.06.2019, we hold that he would be entitled to the last
annual increment, which he has been deprived of and the
respondents shall, accordingly, calculate the said monetary
benefits expeditiously so as to be paid to the petitioner on
or before 30.09.2021. So also, as the grant of this annual
increment would affect his pension, gratuity, earned leave,
commutation benefits, etc., the respondents would
recalculate the same and make the payment of arrears on
or before 30.09.2021 and shall ensure that the revised
pension is also paid to the petitioner accordingly.”
3. The Petitioners have superannuated on the 30th day of
June of the particular year as they were due for superannuation. For
the sake of clarity, the names of the petitioners and their dates of
superannuation are mentioned in a chart hereunder :-
Name of the petitioners, Initial Date of Appointments, Date of Last
increment & Date of superannuation of petitioners.:
Sr. Name of the Petitioners Last date of Date of Total
No. granting retirement Service
annual in Month
increment
1 Pandurang Krushna Damare 01/07/2011 31/05/2012 10
2 Angad Krushna Vidhate 01/07/2013 31/05/2014 10
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3 Shamal Dasharath Jadhav 01/07/2017 31/05/2018 10
4 Narayan Yetala Kangude 01/07/2019 31/05/2020 10
5 Dattatraya Pandhari Apune 01/07/2021 31/05/2022 10
6 Shahaji Shamrao Gatkal 01/07/2009 30/04/2010 09
7 Jarichand Genba Chaoudhari 01/07/2023 31/05/2024 10
8 Shashikant Ratan Kande 01/07/2022 31/05/2023 10
9 Tukaram Ranba Umap 01/07/2017 31/05/2018 10
10 Prakash Balbhim Vaskar 01/07/2020 31/05/2021 10
11 Dattatrya Dnyandev Doltode 01/07/2023 31/05/2024 10
12 Vasant Chandrasen Umap 01/07/2024 31/05/2025 10
13 Tai Ramdas Jadhav 01/07/2023 31/05/2024 10
14 Navanath Bhagwan Pawar 01/07/2011 31/05/2012 10
15 Murlidhar Bhikaji Khartmal 01/07/2010 31/05/2011 10
16 Bebi Kashinath Mangalkar 01/07/2020 31/05/2021 10
17 Subhash Sopan Ukirde 01/07/2007 31/05/2008 10
18 Laxman Bhagwan Bodhale 01/07/2010 31/03/2011 08
19 Pandurang Dnyandev 01/07/2023 31/05/2024 10
Waghmode
20 Anjalidevi Jaganath Zadbhuke 01/07/2020 30/04/2021 09
21 Angha Arun Ramdasi 01/07/2017 31/05/2018 10
22 Sandipan Bhagwan 01/07/2007 31/05/2008 10
Ghayatidak
23 Appasaheb Sandipan Pisal 01/07/2021 31/05/2022 10
24 Bansilal Rahiman Mujawar 01/07/2016 31/05/2017 10
25 Bhagwan Ramling Langote 01/07/2006 31/05/2007 10
26 Annasaheb Raghunath 01/07/2014 31/05/2015 10
Aaglave
27 Suresh Ganpati Yadav 01/07/2019 31/05/2020 10
28 Mohan Eknath More 01/07/2019 31/05/2020 10
29 Dnyaneshwar Rama Doke 01/07/2015 31/05/2016 10
30 Dilipkumar Trimbak Giram 01/07/2016 30/04/2017 09
31 Gaoutam Balbhim Kashid 01/07/2010 31/05/2011 10
32 Dadasaheb Ambir Pathan 01/07/2006 31/05/2007 10
33 Subhas Dnyandev Mule 01/07/2019 31/05/2020 10
34 Tukaram Manohar Mule 01/07/2013 31/05/2014 10
35 Chandrakant Murlidhar 01/07/2017 31/05/2018 10
Thombre
36 Achyut Shivaji Jagdale 01/07/2015 31/05/2016 10
37 Ghokulnand Anant Gambhire 01/07/2017 31/05/2018 10
38 Angad Ganpati Gawali 01/07/2010 31/05/2011 10
39 Suman Bhimrao Mali 01/07/2015 31/05/2016 10
40 Aaoudumbar Manohar Gidde 01/07/2015 31/05/2016 10
41 Gorakh Madhav Bhoskar 01/07/2014 31/05/2015 10
42 Navnath Sopan Burgute 01/07/2013 31/05/2014 10
43 Khandu Uttreshwar Ghodake 01/07/2010 31/05/2011 10
44 Dnyandev Vithoba Pawar 01/07/2014 31/05/2015 10
45 Damodhar Uddhav Jambale 01/07/2020 31/05/2021 10
46 Dashrath Santram Mali 01/07/2018 31/05/2019 10
47 Rohidas Keru Adsul 01/11/2006 31/05/2007 06
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48 Pandit Gajanan Kashid 01/07/2009 31/05/2010 10
49 Bharat Ambarushi Deshmukh 01/07/2022 31/05/2023 10
50 Shantabai Bapurao Barade 01/07/2019 31/05/2020 10
51 Shankar Ramling Garad 01/07/2024 31/05/2025 10
52 Dattatraya Shripati Gawali 01/07/2019 30/04/2020 09
53 Vasudev Changdev More 01/07/2013 31/05/2014 10
54 Tatya Sukhadev Kamble 01/07/2024 31/05/2025 10
55 Dasharat Haridas Argade 01/07/2017 31/05/2018 10
56 Sunita Agatrao Thakare 01/07/2024 31/05/2025 10
57 Ashok Tukaram Kshirsagar 01/07/2014 31/05/2015 10
58 Laxman Abhimanyu Kashid 01/07/2015 31/05/2016 10
59 Babusha Sopan Thite 01/07/2020 31/05/2021 10
60 Kamal Kundlik Burgute 01/07/2018 31/05/2019 10
61 Ranjana Narhari Ghodake 01/07/2019 31/05/2020 10
62 Shrihari Dadarao Gaikawad 01/07/2020 31/05/2021 10
63 Bhaurao Lahu More 01/07/2022 31/05/2023 10
64 Bhau Bhimrao Masal 01/07/2022 31/05/2023 10
65 Arun Keshav Jadhavar 01/07/2022 31/05/2023 10
66 Bhaskar Pandhari Kakade 01/07/2021 31/05/2022 10
67 Asha Vitthal Raut 01/07/2016 31/03/2017 08
68 Baliram Dagadu Mastud 01/07/2007 31/05/2008 10
69 Bibhisan Shankar Thite 01/07/2022 31/05/2023 10
70 Laxman govind Kashid 01/07/2009 31/05/2010 10
71 Bhimrao Rangnath Ghemad 01/07/2009 31/05/2010 10
72 Shashikant Sadashiv 01/07/2022 31/03/2023 08
Basangoundar
73 Bhaskar tukaram Dhakne 01/07/2022 31/05/2023 10
74 Vijaya Shivaji Patil 01/07/2019 31/05/2020 10
75 Vasudev Ramling Gadekar 01/07/2007 31/05/2008 10
76 Prakash Mahadev Kharat 01/07/2014 31/05/2015 10
77 Appasaheb Limbraj Damare 01/07/2014 31/05/2015 10
78 Chitra Aatmaram Ukirde 01/07/2024 31/03/2025 10
79 Nanasaheb Sarjerao Karande 01/07/2021 28/02/2022 07
80 Navnath Bhagwan Mundhe 01/07/2020 31/05/2021 10
81 Vishambhar Arjun Jadhavar 01/07/2024 31/03/2025 10
82 Laxman Rajaram Sankpal 01/07/2013 31/03/2014 08
83 Pandurang Namdev Gore 01/07/2006 28/02/2007 07
84 Suman Rajabhau Ratanparkhi 01/07/2023 31/05/2024 10
85 Shobha Samrao Savant 01/07/2018 30/04/2019 09
86 Subhas Baburao Jambhale 01/07/2016 31/05/2017 10
87 Naushad Shadula Patan 01/07/2019 30/04/2020 09
88 Ankush Dharma Lade 01/07/2013 31/05/2014 10
89 Baburao Ramchandra Late 01/07/2015 31/05/2016 10
90 Late. Dadarao Rangnath 01/07/2011 31/05/2012 10
Jangale
Shardha Dadarao Jangale
91 Late. Madhukar Ambarushi 01/07/2016 31/05/2017 10
Ukirde
Shanta Madhukar Ukirde
Patil-SR. 7 of 12
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92 Late. Mahadev Namdev 01/07/2009 31/05/2010 10
Khaladkar
Parvati Mahadev Khaladkar
93 Late Rameshwar Shrihari 01/07/2022 26/03/2023 08
Lande
Shobha Rameshwar Lande
94 Late. Vishawanath Hudaji 01/07/2020 31/05/2021 10
Lande
Shila Vishawanath Lande
95 Late Bharat Kisan Aagale 01/07/2013 31/05/2014 10
Anjali Bharat Aagale
96 Late. Kalyan Ambrushi Ukirde 01/07/2020 09/05/2021 09
Binadev Kalyan Ukirde
97 Late. Babasaheb Bhujang 01/07/2020 12/04/2021 09
Kashid
Minakshi Babasaheb Kashid
98 Late. Ganesh Bapurao 01/07/2024 13/03/2025 08
Narkhedkar
Madhuri Ganesh Narkhedkar
4. It is undisputed that the recommendations under the 6th Pay
Commission altered the date on which the annual increment would have
become payable, which was normally payable after putting in 12
months in continuous service preceding the date of reference and fixed
the 1st day of July of each year. Prior thereto, the employees like these
petitioners used to earn their annual increment by calculating 12
calendar months from the dates of their appointment for each
succeeding year. As such, the reference period of 12 months for
calculating the annual increment, was a period of 12 calendar months in
each succeeding year from the date of appointment. For example, if
person ‘A’ was appointed on 1st March, 2000, he would complete
12 months in employment on 28th February 2001. He, therefore, earned
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his annual increment on 1st March, 2001 for the work done in 12
calendar months preceding 1st March. This was the pattern of earning
annual increments after 12 months in employment in each year.
5. By the recommendations of 6 th Pay Commission,
uniformity was decided to be introduced and 1st of July of each year
was considered to be the date on which the annual increment, for
having worked for 12 calendar months preceding 1st July, would be
payable. Consequentially, for the work performed in 12 calendar
months till 30th June, the said employee would earn the annual
increment on 1st July of the said year. It is in these peculiar
circumstances that, these petitioners are before us, after having
superannuated on 30th June of their respective year set out in the
chart For example, if person ‘A’ had retired on 30 th June, 2021, he
would have earned the annual increment which became payable to
him on 01.07.2021. As he superannuated on 30th June, 2021, he
was not granted the notional benefit of the increment which would
have been payable to him on 01.07.2021 for the work performed
from 01.07.2020 to 30.06.2021.
6. It is in these circumstances, that we found that the
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judgment delivered by the learned Division Bench of the Madras
High Court in P.Ayyamperumal (supra), was an appropriate view.
We delivered an order on 24th June, 2021 in Prakash Tulshiram
Chaudhari (supra). The judgment of the Madras High Court in
P.Ayyamperumal (supra) was challenged by the Union of India and
others in Special Leave Petition (Civil) Diary No.22283/2018. By
order dated 23.07.2018, the Hon’ble Supreme Court declined to
interfere with the impugned judgment of the Madras High Court and
dismissed the Special Leave Petition. Similarly, to the challenge to
our order dated 24th June, 2021 in Prakash Tulshiram Chaudhari
(supra), the Hon’ble Supreme Court dismissed the Special Leave
Petition on 12.01.2022.
7. In view of the above, this Writ Petition is allowed.
8. Considering the dates of superannuation of these
petitioners as being 30th June of the respective years, we hold that
the increment payable to them on 1 st July of the concerned year,
after 2006, would be reckoned with for notionally calculating the
pensionary benefits, which would have been payable to them from
1st July, but for their superannuation on 30th of June. This notional
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inclusion of the annual increment would be considered for
calculating their pension, gratuity, earned leave, commutation
benefits, etc.
9. The learned Advocate for the Petitioners have prayed for
entire arrears from their dates of superannuation. The chart referred
to below paragraph 4 indicates that some of the petitioners have
superannuated in 2007. Some have superannuated in between 2008
and 2021. It is conceded that none of these Petitioners have prayed
for arrears of such addition of annual increments from the dates of
their superannuation, in the Petition.
10. It is quite apparent that the judgment delivered by the
Madras High Court in P.Ayyamperumal (supra), became a cause for
these Petitioners to approach this Court. None of them had
challenged the non-inclusion of the annual increment in their
pensionary benefits for calculation purposes, when they
superannuated on 30th June of a particular year. As the judgment
delivered in P. Ayyamperumal (supra) became known to all, that
these Petitioners have approached this Court. Some of the
Petitioners have superannuated in between 2016 and 2021.
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11. Considering these aspects, we are of the view that the
arrears of such benefits as granted by us in paragraph 9 hereinabove,
could be restricted for a reasonable period. As such, these
Petitioners would be entitled for the arrears of such benefits for a
period of three years preceding the dates of their superannuation or
as per actuals, which ever is less. We direct the payment of such
arrears accordingly and expect such payment to be made to these
Petitioners, on or before 30/11/2026.
(NANDESH S. DESHPANDE, J.) (ACTING CHIEF JUSTICE)
Patil-SR. 12 of 12
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