Prabhakar Ramchandra Dhangar And Others v. The State Of Maharashtra Through Its Chief Secretary And Others
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
919 WRIT PETITION NO.1267 OF 2023 PRABHAKAR RAMCHANDRA DHANGAR AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA, THROUGH ITS CHIEF SECRETARY AND OTHERS ...
Advocate for Petitioners : Mr. Vishnu B. Madan. AGP for Respondent/State: Mr. S. K. Tambe.
...
CORAM :
RAVINDRA V. GHUGE & SANJAY A. DESHMUKH, JJ.
DATE :
01st February, 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 one year service.
2.
The petitioners have superannuated on the 30th day of June of the particular year, as they were due for superannuation. For the sake of clarity, the names of the petitioners and their date of superannuation are mentioned in the chart hereunder:- Sr. No.
Name Date of retirement Prabhakar Ramchandra Dhangar 30.06.2019
Sr. No.
Name Date of retirement Rahiman Khan Kasamkhan Pathan 30.06.2017 Shashikant Digambar Tayade 30.06.2015 Shaikh Maheboob Shaikh Rustum Pinjari 30.06.2015 Shaikh Rauf Shaikh Bashir 30.06.2019 Ratilal Pundlik Patil 30.06.2014 Sunil Vitthalrao Badgujar 30.06.2021 Pradeep Dattatraya Khedkar 30.06.2021 Yusufkhan Bashirkhan 30.06.2016 Bhikan Govinda Sonar 30.06.2020 Shivdas Govinda Mahajan 30.06.2016 Pitambar Vitthal Suryawanshi 30.06.2018 Shantaram Dagadu Jagtap 30.06.2013 Keshav Shamrao Patond 30.06.2019 3.
The issue raised in this petition is no longer res-integra in the light of the judgment delivered by the Madras High Court on 15.09.2017 in Writ Petition No.15732/2017 filed by P. Ayyamperumal Vs. The Registrar, Central Administrative Tribunal and others, which has been sustained by the Honourable Supreme Court. This Court (Coram : Ravindra V. Ghuge and Anil L. Pansare, JJ.) has also delivered the judgment dated 23.06.2022 in Writ Petition No.6256/2022 filed by Changdeo Genuji Dudhat and others vs. State of Maharashtra and others and connected petitions. We have corrected paragraph 10 of our judgment dated 23.06.2022 vide order dated 13.07.2022.
4.
In view of the above, the case of the petitioners is squarely covered by the said order dated 23.06.2022 and they stand entitled for the benefits as ordered in paragraph 9 and corrected paragraph 10 of the order dated 23.06.2022 in Changdeo Genuji Dudhat (supra), which read as under :- "9.
It is quite apparent that the judgment delivered by the Madras High Court in P.Ayyamperumal (supra), became a cause for these petitioners to approach this Court. None of them had challenged the noninclusion of the annual increment in their pensionary benefits for calculation purposes, when they superannuated on 30th June of a particular year. As the judgment delivered in P. Ayyamperumal (supra) became known to all, that these petitioners have approached this Court. Some of the petitioners have superannuated in between 2016 and 2021.
10.
Considering these aspects, we are of the view that the arrears of such benefits as granted by us in paragraph 9 hereinabove, could be restricted for a reasonable period. As such, these petitioners would be entitled for the arrears of such benefits for a period of three years preceding the dates of their filing of the writ petitions or as per actuals, whichever is less. We direct the payment of such arrears accordingly and expect such payment to be made to these petitioners, on or before 30.08.2022."
5.
As such, this petition is partly allowed.
6.
The respondents would grant benefits to the petitioners as directed in paragraphs 9 and 10 (reproduced above) of Changdeo Genuji Dudhat (supra), on or before 30.04.2023. [ SANJAY A. DESHMUKH, J. ] [ RAVINDRA V. GHUGE, J. ] nga