Created by Fuzzy Cloud

Bombay High Court

RAMRAO RANGNATH THORAT AND OTHERSversusTHE STATE OF MAHARASHTRA THR THE SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

Petitioners who satisfied the six‑month service condition are entitled to recalculated pension benefits including the last drawn salary increment, with arrears payable within 90 days but without interest.

Summary

The High Court of Bombay, Aurangabad Bench, considered a batch of writ petitions filed by former government employees seeking enhanced pension benefits. The petitioners argued that their pension should be calculated on the basis of the actual last drawn salary, including the annual increment, and that they were entitled to arrears without interest despite delayed filing. The court referred to its earlier orders in Writ Petition Nos. 5445/2026, 3412/2026 and 15662/2025, which dealt with similar pensionary issues. It held that petitioners who have served at least six months in the last year before superannuation are entitled to the difference in pensionary benefits calculated on the actuals, with the increment included, and that any arrears must be paid within 90 days but without interest. Accordingly, the petitions were partly allowed with specific directions on recalculation, payment timeline, and denial of interest.

Issues considered

  • Whether former government employees are entitled to pension benefits calculated on the actual last drawn salary including the annual increment.
  • Whether the condition of having worked at least six months in the last year before superannuation is a prerequisite for entitlement.
  • Whether interest is payable on arrears of pension where the petition is filed belatedly.

Subjects

  • pension
  • superannuation
  • arrears
  • writ petition
  • monetary benefits
  • interest
  • government employees

Judgment

2026:BHC-AUG:34545-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/


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.