Bibhishan Rambhau Hinge And Another v. The State Of Maharashtra Through Its Chief Secretary And Others

943.WP-6646-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6646 OF 2023 BIBHISHAN RAMBHAU HINGE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS CHIEF SECRETARY AND OTHERS ...

Advocate for Petitioners : Mr. Y. B. Bolkar h/f Mr. Jadhav Kakasaheb B. AGP for Respondents/State : Mr. S. K. Tambe ...

CORAM : MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 20 JUNE 2023.

PER COURT :

Heard.

1.

The petitioner is seeking the benefit of notional increment, which he has earned the very next day of the date of superannuation as has been held by the Hon'ble Supreme Court in the case of the Director (Admn. And HR) KPTCL and Ors. Vs. C.P. Mundinamani & Ors., in Civil Appeal No.2471/2023.

943.WP-6646-2023.doc 2.

The writ petition is allowed in terms of prayer clauses ' B' and 'C', which read thus :

(B) By way of appropriate writ order or direction in the like nature, this Hon'ble High Court may kindly direct the respondent authorities to held entitled for increment due on 1st July, 2017 and consequently to reckon the service benefits for the purpose of pension, gratuity, earned leave, commutation and other retiral benefits.

(C) By way of appropriate writ order or direction in the like nature, the Hon'ble High Court may kindly direct the respondents to make payment of arrears in favour of the petitioners after reckoned with the pension, gratuity, earned leave, commutation and other retiral benefits. [ SHAILESH P. BRAHME, J.] [ MANGESH S. PATIL, J.] Najeeb...