Bombay High Court
SHIVAJI RAOSAHEB KAVCHAT AND OTHERSversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
Members of the petitioner association are entitled to pension benefits calculated on actuals including the last drawn salary's annual increment, provided they served at least six months in the last year before superannuation, and arrears must be paid within 90 days without interest.
Summary
The petitioners, members of an association, sought monetary and pensionary benefits from the State of Maharashtra. The Court noted that the matter was already decided by a coordinate bench in Writ Petition No.15662/2025. It directed that the petitioners are entitled to pension benefits calculated from their actual superannuation dates, provided they had worked at least six months in the last year before retirement. The pension must be recalculated to include the annual increment on the last drawn salary. Any arrears are to be paid within 90 days, but no interest will be awarded for delayed applications.
Issues considered
- What entitlement do the petitioners have to pensionary benefits under the applicable statutes?
- Whether the pension should be calculated on the basis of actuals including the last drawn salary's annual increment?
- Whether arrears, if any, are payable with interest for belated claims?
Subjects
- pension
- superannuation
- arrears
- interest
- government employees
- writ petition
- Maharashtra
Judgment
2026:BHC-AUG:37418-DB
1 49-WP-9926-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 9926 OF 2026
SHIVAJI RAOSAHEB KAVCHAT AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND
OTHERS
...
Mr. Ashok D. Raut, Advocate for the Petitioner
Mr. V. M. Kagne, AGP for Respondents/State
Mr. P. D. Suryawanshi, Advocate for Respondent Nos.4 & 5
...
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 17th AUGUST, 2026
PER COURT :
1. Heard.
2. Indisputably, the issue raised in this petition is squarely
covered by the decision of the Coordinate Bench of this Court at
Principal Seat dated 18/03/2026, passed in Writ Petition
No.15662/2025 [Sahebrao Baliram Ahire and Others Vs. The State of
Maharashtra and Others].
3. For the reasons stated in the said order, the writ petition
is disposed of with following directions:-
(a) The Members of Petitioner Association 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
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2 49-WP-9926-26.odt
more in the last year up to their superannuation.
(b) The pensionary benefits of the Members of Petitioner
Association 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 Members of Petitioner Association 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.)
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