Bombay High Court
NAJMUDDIN MOHIUDDIN SIKLIGAR AND OTHERSversusTHE STATE OF MAHARASHTRA THR THE SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petition is partly allowed; pension benefits must be recalculated to include the annual increment, arrears payable within 90 days, and no interest awarded.
Summary
The petitioners, former government employees, challenged the calculation of their pensionary benefits, alleging they were denied the annual increment and appropriate arrears. The State of Maharashtra contended that the existing method of pension computation was correct. The Court examined prior orders of the same High Court in Writ Petitions No. 5445 of 2026, 3412 of 2026, and 15662 of 2025, finding that the petitioners were entitled to benefits based on actual service and last drawn salary. It held that petitioners who have worked at least six months in the year preceding superannuation must receive monetary benefits reflecting the difference in pensionary amounts. The Court directed that pension benefits be recalculated to include the annual increment, arrears be paid within ninety days, and denied any claim for interest due to the belated filing.
Issues considered
- Whether the petitioners are entitled to pensionary benefits calculated on the basis of their actual service and last drawn salary including annual increment.
- Whether arrears of pension, if any, should be payable and if interest is applicable for delayed claims.
Subjects
- pension
- superannuation
- arrears
- interest
- government employees
- writ petition
Judgment
2026:BHC-AUG:37820-DB
{1} 23-wp-9539-2026
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
23 WRIT PETITION NO. 9539 OF 2026
Najmuddin Mohiuddin Sikligar And Others
VERSUS
The State Of Maharashtra Through The Secretary And Others
...
Mr. A.D. Pawar, Advocate for the Petitioners
Mr. N.S. Tekale, AGP for State
.......
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 19th AUGUST, 2026
PER COURT :
1. Indisputably, the issue raised in this petition 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 18 th March, 2026 passed
by the Co-ordinate Bench of this Court at Principal Seat, Bombay in
Writ Petition No. 15662 of 2025.
3. For the reasons stated in the said orders, the Writ Petition is
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.
{2} 23-wp-9539-2026
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.)
Bhagyawant Punde
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