Umakant Ramchandra Devshatwar v. The State Of Maharashtra And Others

3682.20wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 910 WRIT PETITION NO.3682 OF 2020 UMAKANT RAMCHANDRA DEVSHATWAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Mr P. P. Uttarwar, Advocate for petitioner;

Mrs R. P. Gaur, A.G.P. for respondent Nos.1 & 3 CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.

DATE : 23rd November, 2022 PER COURT:

1.

In this petition, the issue that has been raised by the petitioner is, as regards the notional addition of an annual increment, while computing his pension and pensionary benefits. Such increment became due and payable on the last day before his superannuation, on completion of one year service. The petitioner has superannuated on 30th June, 2018, as he was due for superannuation. The date of last annual increment of the petitioner is 01/07/2017.

2.

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.

3682.20wp (2) 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.

3.

In view of the above, this petition is partly allowed. 4.

The petitioner is entitled to the notional addition of the last yearly increment for the purpose of calculating his pension, gratuity, earned leave, commutation benefits etc. Insofar as arrears of the benefits are concerned, the petitioner would be entitled for the same for a period of three years preceding the date of filing of this petition or as per actuals, whichever is less. Such arrears should be calculated and be paid to the petitioner, on or before 31/01/2023. 5.

Needless to state, by including the last earned increment, the appropriate authorities shall recalculate the pensionary benefits of the petitioner and accordingly, pay the pension as per the recalculated amounts along with the arrears.

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