Bombay High Court
ASHOK LAXMANRAO DHEMBRE AND OTHERSversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
Petitioners who satisfied the six‑month service condition are entitled to pension benefits recalculated on the basis of their last drawn salary with the annual increment, and any arrears must be paid within ninety days without interest.
Summary
A large number of writ petitions filed by former government employees sought enhanced pensionary benefits from the State of Maharashtra. The petitioners contended that their pensions should be calculated on the basis of the last drawn salary inclusive of the annual increment and that they were entitled to arrears of difference. The Court referred to its earlier decision in Writ Petition No.15662/2025, which addressed the same legal question. It held that petitioners who had rendered at least six months of service in the year preceding superannuation are eligible for the recalculated pension and any arrears, which must be paid within ninety days. However, because many petitions were filed belatedly, the Court denied any claim to interest on the arrears. Accordingly, the petitions were partly allowed with the specified directions.
Issues considered
- Whether pension benefits of retired government employees should be calculated on the basis of the last drawn salary including the annual increment
- Whether petitioners are eligible for pensionary benefits if they have worked for at least six months in the last year before superannuation
- Whether arrears of pension difference are payable and whether interest is due on such arrears
Subjects
- pension calculation
- government employees
- superannuation
- arrears
- interest
- writ petition
- Maharashtra
Judgment
2026:BHC-AUG:36628-DB
1 36-WP-9483-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 9483 OF 2026
SHIVDAS SAMPAT AKHADE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Mr. Sanjay N Gaikwad, Advocate for the Petitioner
Mr. N. S. Tekale, AGP for Respondents/State
Mr. A. D. Aghav, Advocate for Respondent No.3
Mr. Joslyn Menezes, Advocate for Respondent No.6
…
WRIT PETITION NO. 9970 OF 2026
MR. DILIP ACHYUTRAO BHALERAO AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
Ms. Suchita Upadhyay, Advocate for the Petitioner
Mr. N. D. Batule, AGP for Respondents/State
…
WRIT PETITION NO. 9971 OF 2026
BABAN NATHUJI CHIPADE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
Mr. Shubham Jogdand, Advocate for the Petitioner
Mr. M. K. Goyanka, AGP for Respondents/State
Mr. A. D. Aghav, Advocate for Respondent Nos.2 and 3
…
WRIT PETITION NO. 9972 OF 2026
MAHENDRA S/O NEMIDAS RANE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
Mr. Pramod A. Pisal, Advocate for the Petitioner
Ms. N. B. Kamble, AGP for Respondents/State
...
WRIT PETITION NO. 9973 OF 2026
ASHOK LAXMANRAO DHEMBRE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
SVH
2 36-WP-9483-26.odt
…
Mr. Estling S. Murge, Advocate for the Petitioner
Mr. M. K. Goyanka, AGP for Respondents/State
...
WRIT PETITION NO. 9974 OF 2026
DHRUPATRAO PUNDLIK JADHAV AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
Mr. Estling S. Murge, Advocate for the Petitioner
Mr. S. R. Wakle, AGP for Respondents/State
...
WRIT PETITION NO. 9976 OF 2026
SHEKHAR SHARNAPPA HULMAJGE AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
…
Mr. A. S. Khedkar, Advocate for the Petitioner
Mr. B. B. Bhise, AGP for Respondents/State
...
WRIT PETITION NO. 9978 OF 2026
RAMESH SANDU BHUSAWALKAR AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
…
Mr. A. S. Khedkar, Advocate for the Petitioner
Mr. N. D. Batule, AGP for Respondents/State
…
WRIT PETITION NO. 9979 OF 2026
SHAIKH SALIM SHAIKH AMIR
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
…
Mr. A. S. Khedkar, Advocate for the Petitioner
Ms. N. B. Kamble, AGP for Respondents/State
...
WRIT PETITION NO. 9981 OF 2026
ANIL DEVIDAS DESHPANDE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
…
Mr. A. S. Khedkar, Advocate for the Petitioner
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3 36-WP-9483-26.odt
Mr. N. S. Tekale, AGP for Respondents/State
...
WRIT PETITION NO. 9982 OF 2026
ASHOK RAGHODAS CHAVAN
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
Mr. Abhishek C. Deshapnde, Advocate for the Petitioner
Mr. S. R. Wakle, AGP for Respondents/State
...
WRIT PETITION NO. 9983 OF 2026
PANNALAL RATNALAL PARDESHI AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
…
Mr. A. S. Khedkar, Advocate for the Petitioner
Mr. S. K. Tambe, AGP for Respondents/State
...
WRIT PETITION NO. 9985 OF 2026
TAJANE BADSHAHA NARAYAN AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
Mr. B. S. Shinde, Advocate for the Petitioner
Mr. N. S. Tekale, AGP for Respondents/State
...
WRIT PETITION NO. 9989 OF 2026
SHAIKH ABBAS SHAIKH GAFFOOR AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
Mr. Estling S. Murge, Advocate for the Petitioner
Mr. B. B. Bhise, AGP for Respondents/State
…
WRIT PETITION NO. 9990 OF 2026
GANGADHAR RAMJI GORE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
Ms. Kavita S. Bhale, Advocate for the Petitioner
Mr. S. K. Tambe, AGP for Respondents/State
Mr. S. B. Pulkundwar, Advocate for Respondent Nos.2 to 7
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…
WRIT PETITION NO. 9986 OF 2026
SATISH PANDURANG PALKE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
Mr. Kishor R. Doke, Advocate for the Petitioner
Ms. N. B. Kamble, AGP for Respondents/State
…
WRIT PETITION NO. 9991 OF 2026
SHRI. SUNDAR TUKARAM RAUT AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
Mr. Vishal A. Bagal, Advocate for the Petitioner
Mr. S. K. Tambe, AGP for Respondents/State
…
WRIT PETITION NO. 9772 OF 2026
PRAKASH PUNJU BAGAD
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
Mr. Abhishek C. Deshpande, Advocate for the Petitioner
Mr. B. B. Bhise, AGP for Respondents/State
…
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 11th AUGUST, 2026
PER COURT :
1. The issue raised in these petitions is squarely covered
by the decision of this Court at Principal Seat [Coram : Ravindra V.
Ghuge and Abhay J. Mantri, JJ.] dated 18/03/2026, passed in Writ
Petition No.15662/2025.
2. For the reasons stated in the said order, the writ
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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.
from 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 be not entitled for the interest
component.
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.)
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