Ganpat Champt Ingole v. The State Of Maharashtra Through Its Secretary Principal Secretary And Others

2025:BHC-AUG:9801-DB 75WP3457-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 75 WRIT PETITION NO. 3457 OF 2023 Ganpat Champt Ingole

VERSUS

The State Of Maharashtra Through Its Secretary Principal Secretary And Others ...

Mr. D. G. Kamble, Advocate for the Petitioner Mr. R. K. Ingole, AGP for Respondent No.1/ State Mr. Shivsamb N. Janakwade, Advocate for Respondent No. 3 CORAM : MANGESH S. PATIL & Y. G. KHOBRAGADE, JJ.

Dated : 27th March, 2025 PER COURT :- 1.

The Petitioner retired on 30.06.2013. The annual increment for putting in service of 12 months from 01.07.2012 to 30.06.2013 was due and payable after he completed the said year of service. Coincidentally, he has superannuated after working hours on 30.06.2013.

2.

This issue is no longer res-integra. The Hon'ble Supreme Court has delivered the judgment on 11.04.2023 in Civil Appeal No.2471 of 2023 (The Director (Admn. & HR), KPTCL & Ors. Vs. C. P. Mundinamani & Ors., AIR 2023 SC 1956). Based on the said judgment, the Government of Maharashtra has issued the Government Resolution dated 28.06.2023. This has cleared the path for all such claimants.

75WP3457-23 3.

The learned AGP submits that the Petitioner has belatedly filed this Petition and he cannot seek interest on the amounts payable. 4.

Akin to the orders passed by this Court in identical set of facts, the Petitioner would be entitled for the monetary benefits only for the period of three years preceding the date of the filing of the Petition i.e. 15.03.2023.

5.

With the above directions, this Petition is partly allowed. 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 Petitioners would be entitled for the same for a period of three years preceding the date of the 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 31.07.2025. ( Y. G. KHOBRAGADE, J. ) (MANGESH S. PATIL, J.) JPChavan