Ravinder Reddy Kasarla v. The State Of Maharashtra Through Secretary And Others
- 1 -
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.2025 OF 2020 AHELAJI CHIMAJI DUDHE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS AND WRIT PETITION NO.2963 OF 2022 SYED SHOUKAT ALI OSMAN ALI
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THE STATE OF MAHARASHTRA AND OTHERS AND WRIT PETITION NO.8253 OF 2022 MEHMUD MUSA PATHAN
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THE STATE OF MAHARASHTRA AND OTHERS AND WRIT PETITION NO.1570 OF 2020 NILKANTH SADASHIV PATIL
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THE STATE OF MAHARASHTRA AND OTHERS AND WRIT PETITION NO.8164 OF 2022 WITH WP/8166/2022 WITH WP/8165/2022 WITH WP/8167/2022 WITH CA/11345/2022 IN WP/8164/2022 UMAKANT DAMODAR ANWEKAR AND OTHERS
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THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS AND WRIT PETITION NO.7672 OF 2022 GANESH BABASAHEB PAWAR
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THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL
- 2 - SECRETARY AND OTHERS AND WRIT PETITION NO.8154 OF 2022 SITARAM GOVINDRAO KULKARNI AND OTHERS
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THE STATE OF MAHARASHTRA THROUGH THE CHIEF SECRETARY AND OTHERS AND WRIT PETITION NO.8254 OF 2022 ANIS KHAN DAUD KHAN PATHAN AND ANOTHER
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THE STATE OF MAHARASHTRA THROUGH THE CHIEF SECRETARY AND OTHERS AND WRIT PETITION NO.8096 OF 2022 RAVINDER REDDY KASARLA
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THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS AND WRIT PETITION NO.8104 OF 2022 PRAKASH WAGHAJI KHIRADE
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THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS AND WRIT PETITION NO.8132 OF 2022 SURESH SHANKARRAO SHINDE
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THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS AND WRIT PETITION NO.8133 OF 2022 VINAYAK BHAGWANRAO BHISE
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THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS AND 905 WRIT PETITION NO.5303 OF 2020
- 3 - VASANTRAO GOVINDRAO THUBE
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THE STATE OF MAHARASHTRA AND OTHERS AND WRIT PETITION NO.2403 OF 2022 SHARFUN NIHAR BEGAUM
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THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND WRIT PETITION NO.2405 OF 2022 SADAT MOHIUDDIN QUAZI
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THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND WRIT PETITION NO.3185 OF 2022 APPASAHEB MANOHARRAO HUMBE
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THE STATE OF MAHARASHTRA AND OTHERS AND WRIT PETITION NO.3188 OF 2022 PANCHAFULLA BABURAO PISAL
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THE STATE OF MAHARASHTRA AND OTHERS AND WRIT PETITION NO.8235 OF 2022 SUNANDA KISHORE SARODE
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THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND WRIT PETITION NO.6389 OF 2020
- 4 - ARVIND DAYARAM PATIL AND OTHERS
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THE STATE OF MAHARASHTRA AND OTHERS AND WRIT PETITION NO.2115 OF 2022 SANJAY RAMRAO SUDE
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THE STATE OF MAHARASHTRA AND OTHERS AND 907 WRIT PETITION NO.2116 OF 2022 CHANDRAKANT KISHANRAO TAPASE
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THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS 908 WRIT PETITION NO.2399 OF 2022 ASHRUBA SATYABHAN POTBHARE
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THE STATE OF MAHARASHTRA AND OTHERS 909 WRIT PETITION NO.2400 OF 2022 BALAJI RAMRAO DHAKNE
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THE STATE OF MAHARASHTRA AND OTHERS 910 WRIT PETITION NO.2401 OF 2022 DHONDIRAM VAIJNATHRAO WAGHMARE
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THE STATE OF MAHARASHTRA AND OTHERS AND 913 WRIT PETITION NO.2407 OF 2022 PANDIT YADAVRAO THOMBRE
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THE STATE OF MAHARASHTRA AND OTHERS
- 5 - AND 914 WRIT PETITION NO.2408 OF 2022 SUDAM RAMBHAU OVHAL
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THE STATE OF MAHARASHTRA AND OTHERS AND 915 WRIT PETITION NO.2409 OF 2022 BASWARAJ BABSHETTY BALURE
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THE STATE OF MAHARASHTRA AND OTHERS AND 916 WRIT PETITION NO.2411 OF 2022 ANANT LAXMANRAO CHILWANT
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THE STATE OF MAHARASHTRA AND OTHERS AND 917 WRIT PETITION NO.2412 OF 2022 VIMAL KISHANRAO LAHANE
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THE STATE OF MAHARASHTRA AND OTHERS AND 918 WRIT PETITION NO.2416 OF 2022 BALAJI NARHARI POLE
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THE STATE OF MAHARASHTRA AND OTHERS AND 919 WRIT PETITION NO.2417 OF 2022 CHAYA SUBHASHRAO RAMSANE ALIAS CHAYA DNYANOBA CHAMALE
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THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 920 WRIT PETITION NO.2422 OF 2022
- 6 - MANOHAR RAGUNATH GULVE
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THE STATE OF MAHARASHTRA AND OTHERS AND 921 WRIT PETITION NO.2423 OF 2022 YASHWANT RAMRAO KUMTHE
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THE STATE OF MAHARASHTRA AND OTHERS AND 922 WRIT PETITION NO.2435 OF 2022 SATISHRAO GOVINDRAO KADAM
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THE STATE OF MAHARASHTRA AND OTHERS AND 923 WRIT PETITION NO.2449 OF 2022 RAGHUNATH BALIRAM KENDRE
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THE STATE OF MAHARASHTRA AND OTHERS AND 924 WRIT PETITION NO.2450 OF 2022 VINAYAK KASHINATH BONDAGE
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THE STATE OF MAHARASHTRA AND OTHERS AND 929 WRIT PETITION NO.4392 OF 2022 SULOCHANA LAXMANRAO GHOGARE
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THE STATE OF MAHARASHTRA AND OTHERS AND 930 WRIT PETITION NO.4393 OF 2022 DILEEP NARHARRAO JOSHI
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THE STATE OF MAHARASHTRA AND OTHERS
- 7 - AND 931 WRIT PETITION NO.4606 OF 2022 KUSHAWRATA GANESHGIRI GOSAVI
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THE STATE OF MAHARASHTRA AND OTHERS AND 932 WRIT PETITION NO.4607 OF 2022 TUKARAM PANDITRAO DANDGE
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THE STATE OF MAHARASHTRA AND OTHERS AND 933 WRIT PETITION NO.4619 OF 2022 SHAIKH NAEEM SHAIKH HUSSAIN
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THE STATE OF MAHARASHTRA AND OTHERS AND 934 WRIT PETITION NO.4622 OF 2022 YUVRAJ SANTRAM SHAHAPURE
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THE STATE OF MAHARASHTRA AND OTHERS AND 935 WRIT PETITION NO.4633 OF 2022 PANDIT TUKARAM KAMBLE
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THE STATE OF MAHARASHTRA AND OTHERS AND 936 WRIT PETITION NO.4639 OF 2022 TULSHIRAM ZATINGRAO SURYAWANSHI
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THE STATE OF MAHARASHTRA AND OTHERS AND 937 WRIT PETITION NO.4644 OF 2022 BALAJI NARSINGRAO KARBHARE
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THE STATE OF MAHARASHTRA AND OTHERS Mr.S.K.Mathpati, Advocate for the petitioners in WP Nos.2115/2022, 2116/2022, 2399/2022, 2400/2022, 2401/2022, 2407/2022, 2408/2022, 2409/2022, 2411/2022, 2412/2022, 2416/2022, 2417/2022, 2422/2022, 2423/2022, 2435/2022, 2449/2022, 2450/2022, 4392/2022, 4393/2022, 4606/2022, 4607/2022, 4619/2022, 4622/2022, 4633/2022, 4639/2022, 4644/2022. Mr.S.B.Sontakke, Advocate for the petitioners in WP Nos.2025/2020, 2963/2022, 8253/2022, 1570/2022.
Mr.A.D.Namde, Advocate for the petitioners in WP Nos.8254/2022, 8154/2022.
Mr.V.G.Salgare, Advocate for the petitioner in WP No.7672/2022. Ms.J.T.Ghorpade, Advocate for the petitioners in WP Nos.8096/2022, 8104/2022, 8132/2022 and 8133/2022.
Mr.P.A.Pisal, Advocate for the petitioners in WP Nos.5303/2020, 2403/2022, 2405/2022, 3185/2022, 3188/2022 and 8235/2022. Mr.A.S.Deshpande, Advocate for the petitioner in WP No.6389/2020. Mr.M.P.Tripathi h/f Ms.Suchita A.Dhongade, Advocate for the petitioners in WP No.8164/2022, 8166/2022, 8165/2022, 8166/2022 with CA No.11345/2022.
Mr.S.G.Sangle, Mr.P.S.Patil, Mr.S.K.Tambe, Mr.A.R.Kale, Mr.P.K.Lakhotiya, AGPs' for respondent/State. Mr.S.B.Munde, Advocate for respondent No.4 in WP No.1570/2020. Mr.S.R.Yadav-Lonikar, Advocate for respondent Nos. 3 to 5 in WP No.2115/2022 and for respondent Nos. 3 and 4 in WP No.2411/2022. Mr.U.B.Bondar, Advocate for respondent No.4 in WP No.2417/2022, 4606/2022 and for respondent Nos. 3 to 6 in WP No.2412/2022. Mr.P.D.Suryawanshi, Advocate for respondent Nos. 3 to 5 in WP Nos. 2116/2022, 2399/2022, 2407/2022 and 2408/2022. ( CORAM : RAVINDRA V. GHUGE AND ARUN R. PEDNEKER, JJ.) DATE : AUGUST 5, 2022 PER COURT :
1.
In all these petitions, the issue that has been raised by
- 9 - the petitioners is as regards the notional addition of an annual increment, while computing their pension and pensionary benefits. Such increment became due and payable one day after their superannuation.
2.
This issue has been considered and decided by this Court [Coram : Ravindra V. Ghuge & Avinash G. Gharote, JJ.] by order dated 24th June, 2021 in Writ Petition No.6396 of 2020 filed by Prakash Tulshiram Chaudhari Vs. State of Maharashtra and others. This order was assailed by the State of Maharashtra before the Hon'ble Supreme Court of India in Special Leave to Appeal (C) No. 206 of 2022. The Hon'ble Apex Court [Coram : Hon'ble Mr. Justice S. Abdul Nazeer & Hon'ble Mr. Justice Krishna Murari] passed an order on 12.01.2022 concluding as under:- "We are not inclined to interfere with the impugned order. The Special Leave Petition is, accordingly, dismissed.
Pending application also stands disposed of."
3.
This Court had referred to the conclusions arrived at by
- 10 - the learned Division Bench of the Madras High Court on 15.09.2017 in Writ Petition No.15732/2017 filed by P. Ayyamperumal Vs. The Registrar, Central Administrative Tribunal and others, in the order dated 24.06.2021 and had concluded as under:- 3.
The petitioner has raised a very short issue before us. His retirement fell on 30.06.2019 and had he retired on 01.07.2019, he would have been entitled for annual increment as is provided under Rule 10 of the Central Civil Services (Revised Pay) Rules, 2008. Considering this provision, the Government of Maharashtra revised the Maharashtra Civil Services (Revised Pay) Rules, 2009 and brought uniformity in the payment of annual increments. There is no dispute that the petitioner had worked up to 30.06.2019. He has thus, completed one year prior to his retirement. He would be entitled for an annual increment, but for the fact that the Rules prescribed that he would be entitled to such increment if he has worked on 01.07.2019, when it became payable. 4.
The issue raised in this petition has been squarely covered by the judgment delivered by the learned Division Bench of the Madras High Court on 15.09.2017 in Writ Petition No.15732/2017 filed by P.
Ayyamperumal vs. The Registrar, Central Administrative
- 11 - Tribunal and others. The facts in the case before the Madras High Court were set out in paragraphs 5 and 6 and the Madras High Court drew it's conclusions in paragraph 7 and allowed the petition. Paragraphs 5 to 7 read as under :- "5.
The petitioner retired as Additional Director General, Chennai on 30.06.2013 on attaining the age of superannuation. After the Sixth Pay Commission, the Central Government fixed 1st July as the date of increment for all employees by amending Rule 10 of the Central Civil Services (Revised Pay) Rules, 2008. In view of the said amendment, the petitioner was denied the last increment, though he completed a full one year in service, i.e. from 01.07.2012 to 30.06.2013. Hence, the petitioner filed the original application in O.A.No.310/00917/2015 before the Central Administrative Tribunal, Madras Bench, and the same was rejected on the ground that an incumbent is only entitled to increment on 1st July if he continued in service on that day.
6.
In the case on hand, the petitioner got retired on 30.06.2013. As per the Central Civil Services (Revised Pay) Rules, 2008, the increment has to be given only on 01.07.2013, but he had been superannuated on 30.06.2013 itself. The judgment referred to by the petitioner in State of Tamil Nadu, rep.by its Secretary to Government, Finance Department and others v.
M.Balasubramaniam, reported in CDJ 2012 MHC 6525, was passed under similar circumstances on 20.09.2012, wherein this Court confirmed the order passed in W.P.No.8440 of 2011 allowing the
- 12 - writ petition filed by the employee, by observing that the employee had completed one full year of service from 01.04.2002 to 31.03.2003, which entitled him to the benefit of increment which accrued to him during that period.
7.
The petitioner herein had completed one full year service as on 30.06.2013, but the increment fell due on 01.07.2013, on which date he was not in service. In view of the above judgment of this Court, naturally he has to be treated as having completed one full year of service, though the date of increment falls on the next day of his retirement. Applying the said judgment to the present case, the writ petition is allowed and the impugned order passed by the first respondentTribunal dated 21.03.2017 is quashed. The petitioner shall be given one notional increment for the period from 01.07.2012 to 30.06.2013, as he has completed one full year of service, though his increment fell on 01.07.2013, for the purpose of pensionary benefits and not for any other purpose. No costs."
5.
The judgment of the Madras High Court in P.Ayyamperumal (supra) was carried in Special Leave Petition (Civil) Diary No.22283/2018. By order dated 23.07.2018, the Honourable Supreme Court dismissed the said Special Leave Petition.
6.
There is no dispute that Rule 10 of the Maharashtra Civil Services (Revised Pay) Rules, 2009 is identical to the amended Rule 10 of the Central Civil
- 13 - Services (Revised Pay) Rules, 2008 in relation to the uniformity in annual increments.
7.
Considering the above, this Writ Petition is allowed. As the petitioner is superannuated on 30.06.2019, we hold that he would be entitled to the last annual increment, which he has been deprived of and the respondents shall, accordingly, calculate the said monetary benefits expeditiously so as to be paid to the petitioner on or before 30.09.2021. So also, as the grant of this annual increment would affect his pension, gratuity, earned leave, commutation benefits, etc., the respondents would recalculate the same and make the payment of arrears on or before 30.09.2021 and shall ensure that the revised pension is also paid to the petitioner accordingly.
4.
In all these matters, all these petitioners have superannuated on the 30th day of June of the particular years, as they were due for superannuation. For the sake of clarity, the names of the petitioners and their dates of superannuation are mentioned in a chart hereunder :- Name of the petitioners, initial date of their appointments, Date of last increment & Date of superannuation of petitioners
- 14 - Sr.
No W.P.No.
Name of the Petitioners Date of Appointment Date of Last Date of Superannuati on /Retirement increment
- 15 - 1.
WP No.
2025/2020 Aurangabad 1.
Ahelaji S/o Chimaji Dudhe 08.02.1985 01.07.2018 30.06.2019
2. Salim s/o Yasin Shaikh 04.12.1981 01.07.2018 30.06.2019 3.
Nivrutti s/o Madhavrao Kolhe 04.01.1986 01.07.2015 30.06.2016 4.
Balaji s/o Laxmanrao Shrimangale 15.01.1982 01.07.2016 30.06.2017
5. Asha w/o Pradeep Deshpande 19.06.1984 01.07.2018 30.06.2019 6.Saroj w/o Vishnu Puranik 14.08.1978 01.07.2010 30.06.2011
7. Nishikant s/o Pandharinath Tayade 29.03.1978 01.07.2012 30.06.2013
8. Vishwanath s/o Rangnath Sukate 11.12.1981 01.07.2011 30.06.2012
9. Mohammad Abdul Sattar 29.10.1984 01.07.2018 30.06.2019
10. Baburao s/o Balaji Kundalkar 15.09.1982 01.07.2010 30.06.2011 11.
Sadba s/o Rajenna Marawad 20.06.1983 01.07.2016 30.06.2017
12. Bhagwan s/o Asaram Pawar 05.01.2001 01.07.2018 30.06.2019
13. Murlidhar s/o Banduji Gangawane 19.05.1995 01.07.2013 30.06.2014
14. Sharadchandra s/o Haribhau Pandit 24.03.1985 01.07.2018 30.06.2019 15.
Anant s/o Yashwant Shahasrabudhe 29.11.1984 01.07.2017 30.06.2018
16. Farooq Ahmed s/o Masood Ahmed Shaikh 07.10.1982 01.07.2010 30.06.2011 17 . Nazir Ahmed s/o Mohd. Osman 25.06.1977 01.07.2013 30.06.2014
18. Digambar s/o Rukhmaji Vadepalli 15.10.1977 01.07.2012 30.06.2013
19. Abdul Rashid Khan s/o Gulam Khan Pathan 29.11.1984 01.07.2016 30.06.2017
20. Mabud Ahmed s/o Mahmood Ahmed Khan 24.11.980 01.07.2015 30.06.2016 21.
Mohammad Abdul Aziz 13.01.1982 01.07.2018 30.06.2019 Sayed Shoukat Ali s/o Osman Ali 01.10.1987 01.07.2017 30.06.2018 2.
WP No.
2963/2022
- 16 - Beed 3.
WP No.
1570/2020 Jalgaon Nilkanth S/o Sadashiv Patil 08.12.1973 01.07.2008 30.06.2009 Mehmud s/o Musa Pathan 15.10.1984 01.07.2011 30.06.2012 4.
WP No.
8253/2022 Jalgaon
1. Umakant s/o Damodar Anwekar 19.07.1984 01.07.2020 30.06.2021 5.
WP No.
8164/2022 Jalgaon
2. Anil S/o Vikram Sonawane 24.07.1979 01.07.2012 30.06.2013 3.
Ramdas s/o Budha Patil 24.07.1974 01.07.2009 30.06.2010
4. Sudhakar s/o Digambar Dhande 18.06.1983 01.07.2015 30.06.2016
5. Ratilal s/o Budha More 16.03.1983 01.07.2020 30.06.2021 Sumant Anantrao Kamtikar 07.02.1976 01.07.2013 30.06.2014 6.
WP No.
8165/2022 Parbhani Madhikar Santuji Jadhav 23.08.1979 01.07.2016 30.06.2017 7.
WP No.
8166/2022 Aurangabad Bharat Manohar Pawar 13.12.1983 01.07.2018 30.06.2019 8.
WP No.
8167/2022 Aurangabad Ganesh Babasaheb Pawar 09.04.1984 01.07.2008 30.06.2009 9.
WP No.
7672/2022 Aurangabad 1.
Sitaram s/o Govindrao Kulkarni 17.11.1978 01.07.2013 30.06.2014 10.
WP No.
8154/2022 Parbhani
2. Rajendra s/o Vinayakrao Chaudhary 02.07.1984 01.07.2016 30.06.2017
3. Jagannath s/o Chimnaji Waghmare 01.07.1985 01.07.2020 30.06.2021
4. Anil Rangnathrao Pathak 16.01.1985 01.07.2021 30.06.2022 5.
Eknath s/o Ganpatrao Thakur 19.02.1982 01.07.2015 30.06.2016
6. Ramesh s/o Sojar Jadhav 20.12.1989 01.07.2018 30.06.2019
7. Shraddha w/o Shreenivas Adhyapak 01.04.1983 01.07.2020 30.06.2021
- 17 -
8. Prabhakar s/o Sadashivrao Joshi 01.08.1974 01.07.2007 30.06.2008 9.
Subhash s/o Uttamrao Kulkarni 11.12.1990 01.07.2019 30.06.2020
10. Subhash s/o Bhagwanrao Kulkarni 24.06.1986 01.07.2021 30.06.2022 11.
Manik s/o Gangadharrao Maske 23.09.1986 01.07.2021 30.06.2022
12. Sahebrao s/o Ramji Khare 10.12.1990 01.07.2020 30.06.2021
13. Datta Babanrao Tidke 11.12.1990 01.07.2020 30.06.2021
14. Shaikh Chand Pasha s/o Abdul Rashid 16.03.1989 01.07.2021 30.06.2022 15.Milind S/o Bhalchandra Pawgi 17.01.1997 01.07.2021 30.06.2022 16.
Shareque Md.Khan Pathan s/o Bashir Md. Khan 07.05.1993 01.07.2018 30.06.2019
1. Anis Khan s/o Daud Khan Pathan and another 01.02.1986 01.07.2021 30.06.2022 11.
WP No.
8254/2022 Parbhani
2. Vijay Trimbakrao Borade 20.05.2002 01.07.2021 30.06.2022 Ravinder Reddy Kasarla 07.08.2008 01.07.2017 30.06.2018 12.
WP No.
8096/2022 Aurangabad Prakash s/o Waghaji Khirade 22.07.1985 01.07.2018 30.06.2019 13.
WP No.
8104/2022 Aurangabad Suresh s/o Shankarrao Shinde 11.07.1988 01.07.2020 30.06.2021 14.
WP No.
8132/2022 Osmanabad Vinayak s/o Bhagwanrao Bhise 23.10.1984 01.07.2016 30.06.2017 15.
WP No.
8133/2022 Aurangabad Vasantrao Govindrao Thube 25.11.1987 01.07.2011 30.06.2012 16.
WP No.
5303/2020 Sharfun Nihar Begum 21.11.2001 01.07.2019 30.06.2020 17.
WP No.
2403/2022 Sadat Mohiuddin Quazi 23.09.2003 01.07.2019 30.06.2020 18.
WP No.
2405/2022 Appasaheb Manoharrao Humbe 13.07.1978 01.07.2013 30.06.2014 19.
WP No.
3185/2022 20.
WP No.
Panchafula Baburao Pisal 01.08.1998 01.07.2020 30.06.2021
- 18 - 3188/2022 21.
WP No.
8235/2022 Sunanda Kishore Sarode 05.08.1992 01.07.2017 30.06.2018 1.Arvind Dayaram Patil 01.02.1984 01.07.2015 30.06.2016 22.
WP No.
6389/2020
2. Dilip Yashwant Jadhav 16.08.1982 01.07.2016 30.06.2017 3.
Sambhaji Atmaram Sonawane 04.07.1990 01.07.2017 30.06.2018 Sanjay s/o Ramrao Sude (VRS on 01.07.2019) 22.07.1996 01.07.2018 01.07.2019 23.
WP No.
2115/2022 Parbhani Chandrakant s/o Kishanrao Tapase 05.10.1983 01.07.2014 30.06.2015 24.
WP No.
2116/2022 Beed Ashruba s/o Satyabhan Potbhare 21.10.1982 01.07.2016 30.06.2017 25.
WP No.
2399/2022 Beed Balaji s/o Ramrao Dhakne 14.07.1971 01.07.2007 30.06.2008 26.
WP No.
2400/2022 Latur Dhondiram s/o Vaijnathrao Waghmare 25.08.1989 01.07.2018 30.06.2019 27.
WP No.
2401/2022 Beed Pandit s/o Yadavrao Thombre 02.12.1985 01.07.2020 30.06.2021 28.
WP No.
2407/2022 Beed Sudam s/o Rambhau Ovhal 07.10.1983 01.07.2019 30.06.2020 29.
WP No.
2408/2022 Beed Baswaraj s/o Babshetty Balure 11.07.1994 01.07.2020 30.06.2021 30.
WP No.
2409/2022 Latur Anant s/o Laxmanrao Chilwant 01.07.1986 01.07.2013 30.06.2014 31.
WP No.
2411/2022 Parbhani Vimal Kishanrao Lahane 09.07.1984 01.07.2020 30.06.2021 32.
WP No.
2412/2022 Latur Balaji s/o Narhari Pole 16.12.1985 01.07.2016 30.06.2017 33.
WP No.
2416/2022 Latur Chaya Subhashrao Ramsane @ Chaya Dnyanoba Chamle 01.07.1989 01.07.2020 30.06.2021 34.
WP No.
2417/2022 Latur
- 19 - Manohar s/o Ragunath Gulve 08.08.1985 01.07.2016 30.06.2017 35.
WP No.
2422/2022 Latur Yashwant s/o Ramrao Kumthe 01.07.1993 01.07.2020 30.06.2021 36.
WP No.
2423/2022 Latur Satishrao s/o Govindrao Kadam 20.06.1991 01.07.2020 30.06.2021 37.
WP No.
2435/2022 Latur Raghunath s/o Baliram Kendre 13.06.1983 01.07.2013 30.06.2014 38.
WP No.
2449/2022 Latur Vinayak s/o Kashinath Bondage 01.07.1987 01.07.2017 30.06.2018 39.
WP No.
2450/2022 Latur Sulochana Laxmanrao Ghogare 15.06.1993 01.07.2018 30.06.2019 40.
WP No.
4392/2022 Latur Deelip s/o Narharrao Joshi 15.06.1987 01.07.2012 30.06.2013 41.
WP No.
4393/2022 Latur Kushawrata Ganeshgiri Gosavi 02.07.1993 01.07.2016 30.06.2017 42.
WP No.
4606/2022 Latur Tukaram s/o Panditrao Dandge 16.08.1984 01.07.2019 30.06.2020 43.
WP No.
4607/2022 Osmanabad Shaikh Naeem Shaikh Hussain 01.11.1986 01.07.2020 30.06.2021 44.
WP No.
4619/2022 Nanded Yuvraj s/o Santram Shahapure 23.09.1986 01.07.2019 30.06.2020 45.
WP No.
4622/2022 Osmanabad Pandit s/o Tukaram Kamble 15.06.1992 01.07.2019 30.06.2020 46.
WP No.
4633/2022 Nanded Tulshiram s/o Zatingrao Suryawanshi 03.08.1991 01.07.2014 30.06.2015 47.
WP No.
4639/2022 Latur Balaji s/o Narsingrao Karbhare 03.07.1990 01.07.2019 30.06.2020 48.
WP No.
4644/2022
- 20 - 5.
It is undisputed that the recommendations under the 6th Pay Commission altered the date on which the annual increment would have become payable, which was normally payable after 12 months in continuous service preceding the date of reference and fixed the 1st day of July of each year. Prior thereto, the employees like these petitioners used to earn their annual increment by calculating 12 calendar months from the dates of their appointments for each succeeding year. As such, the reference period of 12 months for calculating the annual increment, was a period of 12 calendar months in each succeeding year from the date of appointment. For example, if person 'A' was appointed on 1st March, 2000, he would complete 12 months in employment on 28th February 2001. He, therefore, earned his annual increment on 1st March, 2001 for the work done in the 12 calendar months preceding 1st March. This was the pattern of earning annual increments after 12 months in employment in each year.
6.
By the recommendations of the 6th Pay Commission, uniformity was decided to be introduced and 1st of July of each year was considered to be the date on which the annual increment, for
- 21 - having worked for 12 calendar months preceding 1st July, would be payable. Consequentially, for the work performed in 12 calendar months till 30th June, the said employee would earn the annual increment on 1st July of the said year. It is in these peculiar circumstances that, these petitioners are before us, after having superannuated on 30th June of their respective year set out in the chart. For example, if person 'A' had retired on 30th June, 2021, he would have earned the annual increment which became payable to him on 01.07.2021. As he superannuated on 30th June, 2021, he was not granted the notional benefit of the increment which would have been payable to him on 01.07.2021 for the work performed from 01.07.2020 to 30.06.2021.
7.
It is in this circumstances, we found that the judgment delivered by the learned Division Bench of the Madras High Court in P. Ayyamperumal (supra) was an appropriate view. We delivered an order on 24th June, 2021 in Prakash Tulshiram Chaudhari (supra). The judgment of the Madras High Court in P. Ayyamperumal (supra) was challenged by the Union of India and others in Special Leave Petition (Civil) Diary No.22283/2018. By order dated 23.07.2018,
- 22 - the Hon'ble Supreme Court declined to interfere with the impugned judgment of the Madras High Court and dismissed the Special Leave Petition. Similarly, to the challenge to our order dated 24th June, 2021 in Prakash Tulshiram Chaudhari (supra), the Hon'ble Supreme Court dismissed the Special Leave Petition on 12.01.2022. 8.
In view of the above, these Writ Petitions are allowed. 9.
Considering the dates of superannuation of these petitioners as being 30th June of the respective years, we hold that the increment payable to them on 1st July of the concerned year, after 2006, would be reckoned with for notionally calculating the pensionary benefits, which would have been payable to them from 1st July, but for their superannuation on 30th of June. This notional inclusion of the annual increment would be considered for calculating their pension, gratuity, earned leave, commutation benefits, etc.
10.
The learned Advocates for the petitioners have prayed for entire arrears from their dates of superannuation. The chart
- 23 - referred to below in paragraph 4 indicates that the petitioners have superannuated in different years, from 2006 onwards. 11.
It is quite apparent that the judgment delivered by the Madras High Court in P.Ayyamperumal (supra), became a cause for these petitioners to approach this Court. None of them had challenged the non-inclusion of the annual increment in their pensionary benefits for calculation purposes, when they superannuated on 30th June of a particular year. As the judgment delivered in P. Ayyamperumal (supra) became known to all, that these petitioners have approached this Court.
12.
Considering these aspects, we are of the view that the arrears of such benefits as granted by us in paragraph 9 hereinabove, could be restricted for a reasonable period. As such, these petitioners would be entitled for the arrears of such benefits for a period of three years preceding the dates of their writ petitions or as per actuals, which ever is less. We direct the payment of such arrears accordingly and expect such payment to be made to these petitioners, on or before 30/11/2022.
- 24 - ( ARUN R. PEDNEKER, J. ) ( RAVINDRA V. GHUGE, J.)