Bombay High Court
GANPAT RAMBHAU BARGAJE AND OTHERSversusSTATE OF MAHARASHTRA THR THE PRINCIPAL SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
Petitioners are entitled to recalculated pension benefits including the last drawn salary increment, subject to a six‑month service condition, but are not entitled to interest on arrears.
Summary
The High Court of Bombay, Aurangabad Bench, considered a writ petition filed by Ganpat Rambhau Bargaje and others seeking monetary and pensionary benefits from the State of Maharashtra. The petition raised issues regarding the calculation of pension benefits, inclusion of the last drawn salary increment, and entitlement to interest on arrears. Referring to its own earlier decision in Writ Petition No. 15562 of 2024 and a Coordinated Bench decision in Writ Petition (ST) No. 5027 of 2026, the Court partially allowed the petition. It directed that the petitioners be paid the difference in pension benefits calculated from their actual superannuation dates, provided they had worked at least six months in the last year before retirement, and that the pension be recalculated to include the annual increment in the last drawn salary. Any arrears are to be paid within 90 days, but no interest will be awarded due to the petitioners' belated filing.
Issues considered
- Whether petitioners are entitled to the difference in pensionary benefits based on actual superannuation dates
- Whether the annual increment in the last drawn salary should be included in pension calculations
- Whether petitioners are entitled to interest on arrears due to delayed filing
Subjects
- pension
- superannuation
- arrears
- interest
- monetary benefits
- writ petition
- high court
Judgment
2026:BHC-AUG:36575-DB
{1} 73-wp-9950-2026
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
73 WRIT PETITION NO. 9950 OF 2026
Ganpat Rambhau Bargaje And Others
VERSUS
State Of Maharashtra Through The Principal Secretary And Others
...
Mr. S.D. Patil, Advocate for the Petitioners
Ms. Neha Kamble, AGP for State
.......
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 17th AUGUST, 2026
PER COURT :
1. Indisputably, the issue raised in this petition is squarely covered
by the decision of this Court at Principal Seat rendered on 10.03.2026
in Writ Petition No. 15562 of 2024 as well as the decision rendered by
the Co-ordinate Bench at Circuit Bench, Kolhapur dated 13.07.2026 in
Writ Petition (ST) No. 5027 of 2026.
2. 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.
their respective dates of superannuation, provided they have
worked for 6 months or more in the last year up to their
superannuation.
{2} 73-wp-9950-2026
[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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