Indu Nivratti Samindre And Others v. The State Of Maharashtra Through Its Principal Secretary And Others
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 920 WRIT PETITION NO.1320 OF 2023 INDU NIVRATTI SAMINDRE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 921 WRIT PETITION NO.1328 OF 2023 ANURUDRA THRIMBAK SHINDE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ....
Mr S. S. Phatale, Advocate h/f Mr G. J. Kore, Advocate for petitioners;
Mr S. G. Sangle, A.G.P. for respondent /State CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.
DATE : 2nd February, 2023 PER COURT:
1.
In both these petitions, 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) 2.
All these petitioners have superannuated on the 30th day of June of particular years, 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 :- Name of the petitioners, initial date of their appointments, Date of last increment & Date of superannuation of petitioners Sr.
No Date of Superannu ation /Retiremen t 1.
1320/2023 Indu Nivratti Samindre W.P.No.
Name of the Petitioners Date of Appointme nt Date of Last annual increment 09/01/1986 01/07/2021 30/06/2022 Vinayak Shripati Gaikwad 24/06/1979 01/07/2016 30/06/2017 Maya Shripati Damodar 01/10/1982 01/07/2019 30/06/2020 2.
1328/2023 Anuradha T.
Shinde 25/02/1993 01/07/2013 30/06/2014 Ashok B.
Gaikwad 07/02/1989 01/07/2021 30/06/2022 Hanumanth Vithalrao Suraywanshi 01/07/2018 30/06/2019 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
(3) 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, these petitions are partly allowed. The petitioners are entitled to the notional addition of the last yearly increment for the purpose of calculating their pension, gratuity, earned leave, commutation benefits etc. Insofar 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 these petitioners, on or before 31/04/2023.
(SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.) sjk