Anand Vishwanath Bodade And Another v. The State Of Maharashtra Through Its Secretary And Others
*1*
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 903 WRIT PETITION NO.7701 OF 2020 RATAN KASHINATH NAIKODE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
AND 904 WRIT PETITION NO.7702 OF 2020 PRATAP NARAYANRAO HUMBE AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
AND 905 WRIT PETITION NO.3129 OF 2022 MADHUKAR SADASHIV MALODE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
AND 909 WRIT PETITION NO.7015 OF 2022 BALASAHEB HANMANTRAO MITTEWAD
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
AND 911 WRIT PETITION NO.8778 OF 2022 VASANT SITARAM VAIDYA AND ANOTHER
VERSUS
THE STATE MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...
AND 912 WRIT PETITION NO.8780 OF 2022 SUNILKUMAR JANARDHANRAO BHAVSAR
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE PRINCIPAL SECRETARY AND OTHERS ...
*2* AND 913 WRIT PETITION NO.8782 OF 2022 PURUSHOTTAM RANGNATH GAIKWAD AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...
AND 914 WRIT PETITION NO.8813 OF 2022 SUDHAKAR DATTATRAY ADHAV
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE PRINCIPAL SECRETARY AND OTHERS ...
AND 915 WRIT PETITION NO.8829 OF 2022 MAROTI ANANTRAO TAK AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...
AND 916 WRIT PETITION NO.8832 OF 2022 ANAND VISHWANATH BODADE AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...
AND WRIT PETITION NO.8679 OF 2022 MURLIDHAR ANANDRAO LOKHANDE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
AND WRIT PETITION NO.8722 OF 2022 ALKA SAKHARAMPANT NATHREKAR
VERSUS
*3* THE STATE OF MAHARASHTRA AND OTHERS ...
AND WRIT PETITION NO.6489 OF 2022 ASHOK CHANDOJI PANDIT AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
AND WRIT PETITION NO.6488 OF 2022 ABDUL MANNAN ABDUL SATTAR AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
AND WRIT PETITION NO.8883 OF 2022 BHAGWAN SHENFAD JADHAV AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
Shri A.C. Deshpande, Shri E.S. Murge, Shri H.S. Bali, Shri S.N. Janakwade, Shri S.B. Sontakke and Shri C.V. Dharurkar, Advocates for the petitioners in the respective petitions. Shri S.K.Tambe, Shri S.G. Karlekar, Shri S.G. Sangle, Shri P.S.Patil and Shri A.R. Kale, AGPs for the respondents/State in the respective petitions.
Shri S.B. Pulkundwar, Advocate for respondents 3 to 5 in Writ Petition No.3129/2022.
Shri B.B. Bhise, Advocate for respondents 2 to 5 in WP 7015/2022 and 8778/2020 and for respondents 2 to 6 in WP 8782/2022.
Shri V.H. Solanke, Advocate for respondents 4 to 6.
*4* Shri C.K. Shinde, Advocate for respondents 3 and 4 in WP 6489/2022, 6488/2022 ...
CORAM : RAVINDRA V. GHUGE & ARUN R. PEDNEKER, JJ.
DATE :- 26th August, 2022 Per Court :- 1.
The matters viz. Writ Petition Nos.8679/2022, 8722/2022, 6489/2022, 6488/2022 and 8883/2022, which are not on the board, are mentioned. Considering the similar issue involved, they are also heard along with this group of petitions. 2.
In all these petitions, the issue that has been raised by 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 on the last day before their superannuation, on completion of one year service. 3.
All these petitioners have superannuated on the 30th day of June of the particular year, as they were due for superannuation. For the sake of clarity, the names of the petitioners and their dates of superannuation are mentioned in the chart hereunder:-
*5* Sr.
No.
Date of superannua tion 8679/2022 -- Murlidhar Anandrao Lokhande W.P.No.
Date Of appointment Name of the petitioners Date of last increment 1.7.2019 30.6.2020 8722/2022 1.9.1983 Alka Sakharampant Nathrekar 1.7.2019 30.6.2020 7701/2020 23.11.1992 Ratan Kashinath Naikode 1.7.2018 30.6.2019 7702/2020 31.8.1988 Pratap Narayanrao Humbe 1.7.2016 30.6.2017 1.9.1983 Digambar Govindrao Bharate 1.7.2013 30.6.2014 8780/2022 27.6.1989 Sunilkumar Janardhanrao Bhavsar 1.7.2021 30.6.2022 8829/2022 31.7.1984 Maroti s/o Anantrao Tak 1.7.2021 30.06.2022 21.11.1990 Baliram s/o Dagdu Dhawale 1.7.2021 30.06.2022 8832/2022 11.12.1979 Anand Vishwanath Bodhade 1.7.2012 30.6.2013 23.12.1982 Machindra Vishwanth Ugle 1.7.2012 30.6.2013 8.
8883/2022 10.3.1981 Bhagwan Shenfad Jadhav 1.7.2016 30.6.2017 7.5.1981 Ramjani Munir Baig 1.7.2016 30.6.2017 9.
3129/2022 6.1.1986 Madhukar Sadashiv Malode 1.7.2020 30.6.2021 7015/2022 27.11.1991 Balasaheb Hanumantrao Mittewad 1.7.2020 30.6.2021 8778/2022 17.1.1986 Vasant Sitaram Vaidya 1.7.2020 30.6.2021 -- Devichand Belaram Tathe 1.7.2020 30.6.2021 8782/2022 15.4.1982 Purshottam Rangnath Gaikwad 1.7.2016 30.6.2017 10.07.1986 Madhukar Bhagwan 1.7.2016 30.6.2017
*6* Misal -- Shila Ramesh Bubne 1.7.2010 30.6.2011 8813/2022 11.7.1991 Sudhakar Dattatraya Adhav 1.7.2020 30.6.2021 6489/2022 18.08.1981 Ashok Chandoji Pandit 01.07.2018 30.06.2019 10.01.1996 Bhagvan Sambha Govande 30.06.2020 30.06.2021 6488/2022 01.04.1985 Abdul Mannan Abdul Sattar 30.06.2020 30.06.2021 05.11.1984 Pradeep Prabhakarrao Vakil 01.07.2016 30.06.2017 28.03.1988 Kishor Venkatswami Tirnagarwar 30.06.2019 30.06.2020 30.04.1985 Gangadhar Vithalrao Aurade 30.06.2016 30.06.2017 01.08.1987 Deepak S.
Kamble 01.07.2016 30.06.2017 21.02.1986 Bapusaheb S.
Durpade 30.06.2019 30.06.2020 06.06.1988 Ganesh V.
Sarje 30.06.2016 30.06.2017 19.06.1986 Younus Khan M.A. Kadar Khan 30.06.2018 30.06.2020 01.04.1985 Vithal Narsing Alewar 30.06.2018 30.06.2019 10.06.1991 Arjun Dagdoba Kendre 30.06.2019 30.06.2020 03.04.1993 Ananta Jalabaji Panjol 30.06.2019 30.06.2020 4.
The issue raised in these matters is no longer resintegra in the light of the judgment delivered by 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, which has been sustained by the Honourable
*7* Supreme Court. This Court (Coram : Ravindra V. Ghuge and Anil L. Pansare, JJ) has also delivered the judgment dated 23.06.2022 in Writ Petition No.6256/2022 filed by Changdeo Genuji Dudhat and others vs. State of Maharashtra and others and connected petitions. We have corrected paragraph 10 of our judgment dated 23.06.2022 vide order dated 13.07.2022. 5.
In view of the above, the case of the petitioners is squarely covered by the said order dated 23.06.2022 and they stand entitled for the benefits as ordered in paragraph 9 and corrected paragraph 10 of the order dated 23.06.2022 in Changdeo Genuji Dudhat (supra), which read as under :- "9.
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. Some of the petitioners have superannuated in between 2016 and 2021.
10.
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
*8* years preceding the dates of their filing of the writ petitions or as per actuals, whichever is less. We direct the payment of such arrears accordingly and expect such payment to be made to these petitioners, on or before 30.08.2022."
6.
As such, these Writ Petitions are disposed off. 7.
The respondents would grant benefits to the petitioners as directed in paragraphs 9 and 10 (reproduced above) of Changdeo Genuji Dudhat (supra), on or before 30.11.2022. kps (ARUN R. PEDNEKER, J.) (RAVINDRA V. GHUGE, J.)