Deepak Manoharrao Bansode And Others v. The State Of Maharashtra Through Its Principal Secretary And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 912 WRIT PETITION NO.406 OF 2023 DEEPAK MANOHARRAO BANSODE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ( CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.) DATE : JANUARY 12, 2023 PER COURT :

1.

In this petition, the issue that has been raised by the petitioners is as regards the notional addition of an annual increment, while computing their pension and pensionary benefits. Such increment became due and payable on the last day before their superannuation, on completion of their last year service.

2.

All these petitioners have superannuated on the 30th day of June of a particular year, as they were due for superannuation. For the sake of clarity, the names of the petitioners and their dates of superannuation are mentioned in a chart hereunder :-

- 2 - Name of the petitioners, initial date of their appointments, Date of last increment & Date of superannuation of petitioners Date of Superannuati on /Retirement Sr.

No W.P.No.

Name of the Petitioners Date of Appointment Date of Last annual increment 1.

406/2023 Deepak Manoharrao Bansode 16.06.1984 01.07.2016 30.06.2017 Shivaji Rajaram Jadhav 01.08.1986 01.07.2019 30.06.2020 Babu Tulshiram Mane 07.02.1989 01.07.2021 30.06.2022 3.

The issue raised is no longer res integra, having been concluded by the Madras High Court vide judgment dated 15.09.2017, in WP No.15732/2017, filed by P. Ayyamperumal Vs. The Registrar, Central Administrative Tribunal and others, which judgment has been sustained by the Hon'

ble Supreme Court vide order dated 23.07.2018, in Special Leave Petition (Civil) Diary No.22283/2018. Even this Court has passed several orders granting such benefits, which have been sustained by the Hon' ble Supreme Court.

4.

In view of the above, this petition is partly allowed. 5.

The petitioners are entitled to the notional addition of the last yearly increment for the purpose of calculating their pension,

- 3 - gratuity, earned leave, commutation benefits etc. In so far as arrears of the benefits are concerned, the petitioners would be entitled for the same for a period of three years preceding the date of filing of these petitions or as per actuals, whichever is less. Such arrears should be calculated and be paid to the petitioners, on or before 31.03.2023.

( SANJAY A. DESHMUKH, J. ) ( RAVINDRA V. GHUGE, J.)