Bombay High Court

KADUBAL MANIKRAO FASATE AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS

Disposal: DISPOSED OFF
Bench: N B SURYAWANSHI ABASAHEB D SHINDE

Holding

The Court held that the petitioners are entitled to monetary benefits reflecting the actual salary with annual increment, and that arrears must be paid within 90 days without interest.

Summary

The petitioners, former government employees of Maharashtra, filed writ petitions challenging the calculation of their pensionary benefits after superannuation. They contended that the pension should reflect the actual salary, including the annual increment, and that they were entitled to any arrears due. The State argued that the existing calculation method was correct and that interest should be payable on delayed payments. The High Court referred to its earlier decision in Ashok Valmik Badoge v. State of Maharashtra, finding that the petitioners met the criteria for a revised pension calculation. Accordingly, the Court partially allowed the petitions, directing that pension differences be paid based on actuals, that the last drawn salary’s annual increment be included, and that any arrears be cleared within 90 days without interest. The order provides specific relief but does not award interest due to the petitioners' delayed approach.

Issues considered

Whether the petitioners are entitled to a revised pension calculation based on actual salary and annual increment
Whether arrears of pensionary benefits are payable and the time frame for payment
Whether interest is payable on delayed pension payments

Subjects

pension
superannuation
arrears
interest
writ petition
high court
Maharashtra
recalculation
monetary benefits

Judgment

2026:BHC-AUG:31346-DB
                                                  1                          31,33.doc



                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD
                          31 WRIT PETITION NO. 8329 OF 2026

                   GAJANAN DATTARAO PEDE 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. B.B. Bhise
                 Advocate for Respondent Nos. 3 to 5 : Mr. S.B. Pulkundwar
                                             …
                         33 WRIT PETITION NO. 8332 OF 2026

                  KADUBAL MANIKRAO FASATE 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 : Ms.V.S. Choudhari
                Advocate for Respondent No.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 these petitions 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 Petitions are
                                  2                      31,33.doc



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
  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.




( ABASAHEB D. SHINDE, J. )              ( NITIN B. SURYAWANSHI, J. )



vsj..

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