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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



              SVH
                                     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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