Bombay High Court
PRAKASH RAGHUNATH NAKHOLE AND OTHERSversusTHE STATE OF MAHARASHTRA THR SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
Petitioners are entitled to pension benefits recalculated to include the last drawn salary increment and to receive any arrears within 90 days, but are not entitled to interest for delayed claims.
Summary
The Bombay High Court, Aurangabad Bench, heard a series of writ petitions filed by various government employees seeking enhanced pension benefits. The petitioners argued that their pension calculations should include the annual increment in their last drawn salary and that they were entitled to arrears, provided they had served at least six months in the year preceding superannuation. The Court examined earlier orders of its coordinate benches dated 3 July 2026 (Writ Petition No. 5445 of 2026), 19 June 2026 (Writ Petition No. 3412 of 2026), and 18 March 2026 (Writ Petition No. 15662 of 2025) which dealt with similar pensionary issues. Relying on the reasoning in those precedents, the Court held that the petitioners are entitled to the difference in pensionary benefits calculated on the actuals, including the last salary increment, and ordered payment of any arrears within 90 days, but denied interest for delayed claims. Consequently, the writ petitions were partly allowed with specific directions on the computation and disbursement of pension benefits.
Issues considered
- The correct method of calculating pension benefits for government employees upon superannuation, including whether the last drawn salary increment should be considered.
- Whether petitioners who filed belatedly are entitled to interest on arrears of pension.
- The applicability of earlier coordinate bench orders to the present batch of writ petitions.
Subjects
- pension
- superannuation
- government employees
- arrears
- interest
- writ petition
- monetary benefits
- judicial precedent
Judgment
2026:BHC-AUG:34540-DB
1 912 to 919.WP.9413.26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
912 WRIT PETITION NO. 9413 OF 2026
KALIDAS NARHARRAO SURYAWANSHI AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH
SECRETARY AND OTHERS
...
Advocate for the Petitioner : Adv. Sushama Tukaram Jadhav
AGP for Respondents: Mr. S.K. Tambe
Advocate for Respondent Nos.4 and 5 : Mr. Umesh Mote
…
AND
913 WRIT PETITION NO. 9418 OF 2026
PRAKASH RAGHUNATH NAKHOLE
VERSUS
THE STATE OF MAHARASHTRA THROUGH
SECRETARY AND OTHERS
...
Advocate for the Petitioner : Mr. Suryawanshi Prashant D.
AGP for Respondents: Ms. Kalpalata Patil Bharaswadkar
Advocate for Respondent No.4 : Mr. Sachin B. Munde
…
AND
914 WRIT PETITION NO. 9421 OF 2026
RAJENDRAKUMAR BHIMRAO PATIL AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH
SECRETARY AND OTHERS
...
Advocate for the Petitioner : Mr. Suryawanshi Prashant D.
AGP for Respondents: Mr. V.M. Kagne
Advocate for Respondent No.4 : Mr. Sachin B. Munde
…
2 912 to 919.WP.9413.26.odt
AND
915 WRIT PETITION NO. 9422 OF 2026
FARUQUI NAHEED SULTANA MAJEEDUDDIN AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH
ITS PRINCIPAL SECRETARY AND OTHERS
...
Advocate for the Petitioner : Mr. Kale Amol Gangadharrao
AGP for Respondents: Mr. A.M. Phule
…
AND
916 WRIT PETITION NO. 9424 OF 2026
SUBHASH HIRAMAN CHAUDHARI AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH
ITS SECRETARY AND OTHERS
...
Advocate for the Petitioners : Mr. Murge Estling S.
AGP for Respondents: Mr. N.S. Tekale
…
AND
917 WRIT PETITION NO. 9426 OF 2026
MACHHINDRA SHANKARRAO LAGAD AND ORS.
VERSUS
THE STATE OF MAHARASHTRA THROUGH
ITS SECRETARY AND OTHERS
...
Advocate for the Petitioner : Mr. Murge Estling S.
AGP for Respondents: Mr. S.R. Wakale
…
AND
3 912 to 919.WP.9413.26.odt
918 WRIT PETITION NO. 9427 OF 2026
RAMRAO RANGNATH THORAT AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH
THE SECRETARY AND OTHERS
...
Advocate for the Petitioner : Adv. Jadhav Sushama Tukaram
AGP for Respondents: Ms. Neha B. Kamble
…
AND
919 WRIT PETITION NO. 9429 OF 2026
BHAKTRAJ BHAGWAT DIWANE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH
ITS SECRETARY AND OTHERS
...
Advocate for the Petitioner : Mr. Murge Estling S.
AGP for Respondents: Mr. N.S. Tekale
Advocate for Respondent Nos.3 to 5 : Mr. B.B. Bhise
…
AND
WRIT PETITION NO. 9599 OF 2026
LATA GANAPATRAO KULKARNI AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH
SECRETARY AND OTHERS
...
Advocate for the Petitioner : Adv. Jadhav Sushama Tukaram
AGP for Respondents: Ms. Neha B. Kamble
…
AND
WRIT PETITION NO. 9600 OF 2026
VASANT SOMA BAISANE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH
SECRETARY AND OTHERS
...
4 912 to 919.WP.9413.26.odt
Advocate for the Petitioners : Mr. Bolkar Yogesh B.
AGP for Respondents: Ms. V.S. Chaudhari
Advocate for respondent Nos.4 to 6 : Mr. S.R. Dheple
…
AND
WRIT PETITION NO.9594 OF 2026
DATTATRAY SANDUJI TAYADE
VERSUS
THE STATE OF MAHARASHTRA THROUGH
IT’S PRINCIPAL SECRETARY AND OTHERS
...
Advocate for the Petitioners : Mr. Chavan Sudhir K.
AGP for Respondents: Mr. N.S. Tekale
…
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 06.08.2026
PER COURT:
1. 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.
2. Reliance is also placed on order dated 18th March, 2026
passed by the Co-ordinate Bench of this Court at Principal Seat, Bombay
in Writ Petition No. 15662 of 2025.
5 912 to 919.WP.9413.26.odt
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 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.)
habeeb/
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