Mukund Ambadas More v. The State Of Maharashtra Through Secretary And Others
1 wp 9293.2022+
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 910 WRIT PETITION NO.9293 OF 2022 MUKUND AMBADAS MORE
VERSUS
THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...
Advocate for Petitioner:
Mrs. Ghorpade (Nawale) Jayashree T.
AGP for Respondent/State: Mr. S. G. Sangle ...
AND ...
911 WRIT PETITION NO.9685 OF 2022 SHIVAJI LAXMAN DEOKAR AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER ...
Advocate for Petitioners: Mr. Gaikwad Sanjay N. AGP for Respondent/State: Mr. P. K. Lakhotiya Advocate for Respondent No.2: Mr. S. B. Ghute ...
AND ...
914 WRIT PETITION NO.10073 OF 2022 NANASAHEB KUNDLIKRAO JADHAV
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE PRINCIPAL SECRETARY AND OTHERS ...
Advocate for Petitioner: Mr. Basarkar Anil P. AGP for Respondent/State: Mr. A. R. Kale ...
AND ...
918 WRIT PETITION NO.10108 OF 2022 JIJABAI BHAUSAHEB MISAL
VERSUS
THE STATE OF MAHARASHTRA
2 wp 9293.2022+ THROUGH SECRETARY AND OTHERS ...
Advocate for Petitioner:
Mrs. Ghorpade (Nawale) Jayashree T.
AGP for Respondent/State: Mr. P. S. Patil ...
AND ...
919 WRIT PETITION NO.10111 OF 2022 JALANDAR SADASHIVRAO MOHITE
VERSUS
THE STATE OF MAHARASHTRA THROUGH SECRETARY HIGHER EDUCATION DEPARTMENT AND OTHERS ...
Advocate for Petitioner:
Mrs. Ghorpade (Nawale) Jayashree T.
AGP for Respondent/State: Mr. S. K. Tambe ...
AND ...
920 WRIT PETITION NO.10112 OF 2022 LALITA SHRIKRISHNA PAKOLU
VERSUS
THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...
Advocate for Petitioner:
Mrs. Ghorpade (Nawale) Jayashree T.
AGP for Respondent/State: Mr. A. R. Kale ...
CORAM:RAVINDRA V. GHUGE AND ARUN R. PEDNEKER, JJ.
DATE: 29th SEPTEMBER, 2022 PER COURT:
1.
In all these Petitions, the issue that has been raised by the Petitioners is as regards
3 wp 9293.2022+ 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.
2.
All these petitioners have superannuated on the 30th day of June of a 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 a chart hereunder:- Sr.
No.
WP No.
Name of the Petitioners Initial date of Appointment Date of last increment Date of Superannua tion 1.
WP/ 9293/ Mukund Ambadas More 15.09.1990 01.07.2021 30.06.2022 2.
WP/ 9685/ Shivaji Laxman Deokar 18.04.1980 01.07.2009 30.06.2010 Ashok Chandarrao Kawale 20.01.1987 01.07.2021 30.06.2022 3.
WP/ 10073/ Nanasaheb Kundlikrao Jadhav - 01.07.2015 30.06.2016 4.
WP/ 10108/ Jijabai Bhausaheb Misal 01.12.1985 01.07.2017 30.06.2018 5.
WP/ 10111/ Jalandar Sadashivrao Mohite 19.07.1986 01.07.2017 30.06.2018 6.
WP/ Lalita 02.10.1979 01.07.2011 30.06.2012
4 wp 9293.2022+ 10112/ Shrikrishna Pakolu 3.
The issue raised is no longer res integra, having been concluded by the Madras High Court vide judgment dated 15.09.2017, in Writ Petition No.15732 of 2017, filed by P. Ayyamperumal Vs. The Registrar, Central Administrative Tribunal and Others, which judgment has been sustained by the Hon'ble Supreme Court vide order dated 23.07.2018, in Special Leave Petition (Civil) Diary No.22283/2018. Even this Court has passed several orders granting such benefits, which have been sustained by the Hon'ble Supreme Court.
4.
In view of the above, these Petitions are partly allowed. The Petitioners are entitled to the notional addition of the last yearly increment for the purpose of calculating their 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
5 wp 9293.2022+ filing of these Petitions or as per actuals, whichever is less. Such arrears should be calculated and be paid to the Petitioners, on or before 30.12.2022.
[ARUN R. PEDNEKER, J.] [RAVINDRA V. GHUGE, J.] marathe