Babu Sakharam Dhere And Others v. The State Of Maharashtra Through The District Collector And Another

2025:BHC-AUG:8837-DB 27 WP NO. 2285 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2285 OF 2025 BABU SAKHARAM DHERE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE DISTRICT COLLECTOR AND ANOTHER ...

Tripathi Manish Purushottam, Advocate for the Petitioners Mr. V. M. Kagne, AGP for Respondent/State ...

CORAM

:

MANGESH S. PATIL & Y. G. KHOBRAGADE, JJ.

DATE : 24.03.2025 PER COURT :

.

Heard learned advocate for the petitioners and the learned AGP.

2.

Respondent No. 2 - the Municipal Corporation, Parbhani has been duly served with a final disposal notice, but has not caused appearance.

3.

It is a matter of entitlement of a superannuated employees who have an increment which they had earned by putting in service in the last year of the employment next before the date of superannuation. The issue is no more res integra in light of the 1/2

27 WP NO. 2285 OF 2025 decision of the Supreme Court in the matter of Director (Admn. & HR), Karnataka Power Transmission Corporation Ltd. & Ors. V/s. C.P. Mundinamani & Ors., AIR 2023 ONLINE SC 275.

4.

Incidentally, even the State Government has now issued a Government Resolution dated 28.06.2023 for extension of such benefit, additionally, restricting the arrears to the period of three years next before the date of petition.

5.

In light of above, the writ petition is allowed. Respondent No. 2 is directed to take appropriate steps for release of increment earned by the petitioners in the last year next before their date of superannuation. Their pension shall be refixed. However, the arrears to be payable to them are restricted to the period of three years next before filing of the petition on 10.02.2025. 6.

The entire exercise shall be completed within eight weeks, else, the arrears would carry interest @ 6% per annum. (Y. G. KHOBRAGADE, J.) (MANGESH S. PATIL, J.) jhs/ 2/2