Govind Pandharinath Mane v. The State Of Maharashtra Through Its Secretary And Others
2024:BHC-AUG:1475-DB 904 to 912-WP-9060-2023-group+.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 904 WRIT PETITION NO. 9060 OF 2023 ABDUL MANNAN ABDUL HAMEED
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS AND 905 WRIT PETITION NO. 9064 OF 2023 GOVIND PANDHARINATH MANE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS AND 906 WRIT PETITION NO. 9078 OF 2023 BASAYYA CHANNAYYA SWAMI
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS AND 907 WRIT PETITION NO. 9085 OF 2023 ASARAM MAHADU SHINDE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS AND 908 WRIT PETITION NO. 9089 OF 2023 SHAIKH SADEKHA AZIZ
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS AND 909 WRIT PETITION NO. 9093 OF 2023 ANIL DEVIDASRAO KULKARNI
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
(( 2 )) AND 910 WRIT PETITION NO. 9096 OF 2023 USHA BHAGWANRAO DESHMUKH
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS AND 911 WRIT PETITION NO. 9101 OF 2023 TUKARAM RAMCHANDRA BORSE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS AND 912 WRIT PETITION NO. 9109 OF 2023 ASHOK KISHANRAO GIRI
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS AND 1 WRIT PETITION NO. 9065 OF 2023 GANESHLAL PANNALAL JAISWAL
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS AND 2 WRIT PETITION NO. 9116 OF 2023 MASARRAT ZARREEN MOHAMMED AHEMAD QURESHI
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ....
Mr. S. K. Mathpati, Advocate for Petitioners Mr. S. B. Narwade, Mr. P. K. Lakhotiya, Mr. R. S. Wani and Mr. S. K. Tambe, AGPs for Respondent - State Mr. D. B. Pawar, Advocate for Zilla Parishad, Parbhani Mr. A. C. Sisodiya, Advocate h/f Mr. A. B. Girase, Advocate for Respondent Nos. 5 and 6 in WP/9101/2023 ....
(( 3 )) CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.
DATE : 19.01.2024 PER COURT :- 1.
Writ Petition Nos.9065 of 2023 and 9116 of 2023 are not on board. Since the group is listed for hearing, taken on board by consent of the parties.
2.
The common issue in these Petitions is as regards the eligibility of the Petitioners in being entitled to the annual increment after completing one year of service after office hours on 30th June of the said year. The fortuitous circumstance being that, each of these Petitioners stood retired on 1st of July after completing the requisite 12 months of service on 30th June, which would entitle them for the annual increment.
3.
The litigation on this issue is all over the Country. This Court has taken a view consistently that such Petitioners would be entitled for the annual increment though they stood retired on 1st July of a particular year, as they have worked upto 30th June. 4.
A ready reference chart with regard to these Petitioners is reproduced here under:-
(( 4 )) Board Sr. No.
Writ Petition Name of the Date of Appointment Date of Last Date of superannuation Petitioner increment No.
/retirement Parbhani Abdul Mannan Abdul Hameed 13.11.1987 01.07.2021 30.06.2022 Latur Govind Pandharinath Mane 02.08.1982 01.07.2018 30.06.2019 Latur Basayya Channayya Swami 15.06.1987 01.07.2020 30.06.2021 Parbhani Asaram Mahadu Shinde 14.08.1981 01.07.2023 30.06.2014 Parbhani Shaikh Sadekha Aziz 26.06.1995 01.07.2021 30.06.2022 Parbhani Anil Devidasrao Kulkarni 01.01.1986 01.07.2019 30.06.2020 Parbhani Usha Bhagwanrao Deshmukh 24.07.1992 01.07.2021 30.06.2022 Jalgaon Tukaram Ramchandra Borse 27.04.1983 01.07.2015 30.06.2016 Parbhani Ashok Kishanrao Giri 14.10.1994 01.07.2019 30.06.2020 Hingoli Ganeshlal Pannalal Jaiswal 13.11.1978 01.07.2011 30.06.2012 Nanded Masarrat Zarreen Mohammed Ahemad Qureshi 06.09.1982 01.07.2019 30.06.2020 5.
The Hon'ble Supreme Court, while considering such litigation, has delivered a judgment on 11.04.2023 in Director (Admin. and HR) KPTCL and others Vs. C.P. Mundinamani and others - 2023 SCC OnLine SC 401.
6.
Considering that the issue has been put to rest by the judicial pronouncement of the Hon'ble Supreme Court in Director (Admin. and HR) KPTCL (supra) and the order of the Hon'ble
(( 5 )) Supreme Court dated 12.01.2022 in Petition for Special Leave to Appeal (Civil) No.206 of 2022 (The State of Maharashtra and Others Vs. Prakash Tulshiram Chaudhari), sustaining the judgment of this Court dated 24.06.2021 in Writ Petition No. 6396 of 2020 delivered at Aurangabad, to which one of us (Ravindra V. Ghuge, J.) is a party, these Writ Petitions are allowed.
7.
As has been consistently held by this Court earlier, all retiral and pensionary benefits would be re-calculated by notionally adding the annual increment and the monetary benefits would be available to the Petitioners only for the period of three years preceding the date of filing of the Petitions or as per actuals, whichever is less.
8.
Let these arrears be paid within 60 days, failing which the amount of arrears would carry interest @ 5% p.a. from the date of the passing of this order.
[ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ] SMS