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Bombay High Court

MACHHINDRA SHANKARRAO LAGADversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The petitioners are entitled to recalculated pension benefits including the last drawn salary increment, payable within 90 days, without any interest component.

Summary

The Bombay High Court, Aurangabad Bench, heard a batch of writ petitions filed by former government employees seeking pensionary benefits from the State of Maharashtra. The petitioners claimed they were entitled to monetary benefits and recalculated pension amounts based on the actuals as of their superannuation dates, provided they had served at least six months in the last year before retirement. Relying on earlier orders of the same court (Writ Petition Nos. 5445/2026, 3412/2026, and 15662/2025), the Bench examined the method of calculating pension, including the annual increment in the last drawn salary. The Court held that the petitioners are entitled to the difference in pensionary benefits, to be recalculated with the last salary increment, and ordered payment of any arrears within 90 days, denying interest for belated claims. Consequently, the petitions were partly allowed with the specified directions.

Issues considered

  • What is the correct method for calculating pensionary benefits for retired government employees of Maharashtra?
  • Are petitioners eligible for pension benefits if they have worked at least six months in the last year before superannuation?
  • Should interest be payable on arrears of pension where the claim is filed belatedly?

Subjects

  • pension
  • superannuation
  • government employees
  • arrears
  • interest
  • writ petition
  • Maharashtra

Judgment

2026:BHC-AUG:34544-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.)




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