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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


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                        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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                                  …
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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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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