Bombay High Court
BHAGWAN BABURAO WAGHE AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petition is partly allowed; pensionary benefits are to be recalculated including the last drawn salary increment for eligible petitioners, arrears to be paid within 90 days, and no interest awarded.
Summary
The petitioners, retired government employees, sought monetary benefits and recalculation of their pensionary benefits, claiming they were entitled to higher pensions based on the last drawn salary and annual increments. The State argued that the petitioners were not eligible for interest on arrears due to delayed filing. The Court referred to its earlier decision in Ashok Valmik Badoge v. State of Maharashtra (WP No. 4539 of 2026) and held that petitioners who have worked at least six months in the year preceding superannuation are entitled to the difference in pensionary benefits. The Court ordered that the pension be recalculated to include the annual increment in the last drawn salary and that any arrears be paid within 90 days, without interest. It also directed that cases of petitioners retired as early as 2016 be resolved within eight weeks of the order. Consequently, the petition was partly allowed with specific directions for payment and calculation.
Issues considered
- What entitlement do retired employees have to the difference in pensionary benefits based on last drawn salary and annual increments?
- Is the condition of having worked six months or more in the last year before superannuation necessary for eligibility?
- Are petitioners entitled to interest on arrears when the petition is filed belatedly?
Subjects
- pension
- superannuation
- arrears
- interest
- eligibility
- recalculation
- writ petition
Judgment
2026:BHC-AUG:31344-DB
1 28.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
28 WRIT PETITION NO. 8326 OF 2026
BHAGWAN BABURAO WAGHE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND
OTHERS
...
Advocate for the Petitioner : Mr. Mathpati Shivkumar K
AGP for Respondent/State : Mr. N.S. Tekale
Advocate for Respondent Nos. 3 to 5 : Mr. S.R. Dheple
…
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 27.07.2026
PER COURT :
. The issue raised in this petition is squarely covered by the
decision of this Court in the case of Ashok Valmik Badoge and Others
vs. The State of Maharashtra and Others dated 09.04.2026 in Writ
Petition No. 4539 of 2026.
2. For the reasons stated in the said order, the Writ Petition is partly
allowed in terms of the following directions:
(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
2 28.doc
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.
3. Considering the fact that some of the petitioners are retired in
the year 2016, the process in their cases be completed within a period
of eight (08) weeks from the date of receipt of copy of this order.
( ABASAHEB D. SHINDE, J. ) ( NITIN B. SURYAWANSHI, J. )
vsj..
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