Bombay High Court
SHAIKH SALIM SHAIKH AMIRversusTHE STATE OF MAHARASHTRA THR SECRETARY AND ANOTHER
- Disposal
- DISPOSED OFF
Holding
Pensioners meeting the six‑month service condition are entitled to the differential pension, recalculated to include the last drawn salary's annual increment, with arrears payable within 90 days but without interest for belated claims.
Summary
The Bombay High Court, Aurangabad Bench, heard a batch of writ petitions filed by various pensioners seeking enhanced pensionary benefits after superannuation. The petitioners contended that they were entitled to the difference in pension amounts, inclusion of the last drawn salary's annual increment, and payment of arrears without interest. The Court referred to its earlier decision in Writ Petition No.15662/2025, which addressed the same legal questions. It held that petitioners who had served at least six months in the year preceding superannuation are eligible for the monetary difference and that their pension should be recalculated to include the annual increment. The Court directed that any arrears be paid within 90 days but denied interest on delayed claims. Consequently, the petitions were partly allowed with specific directions on benefit calculation and payment timelines.
Issues considered
- Whether pensioners who have worked six months or more in the year preceding superannuation are entitled to the difference in pensionary benefits
- Whether the annual increment in the last drawn salary should be included in the calculation of pension
- Whether arrears of pension, if any, must be paid within a stipulated period
- Whether interest is payable on delayed pension claims
Subjects
- pension
- superannuation
- arrears
- interest
- writ petition
- partial relief
Judgment
2026:BHC-AUG:36632-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
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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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