Ramesh Eknath Suryawanshi And Others v. The State Of Maharashtra Through Its Chief Secretary And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10272 OF 2022 SHRI. RAMESH EKNATH SURYAWANSHI AND OTHERS

VERSUS

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

Mr Vishnu B. Madan, Advocate for petitioners; Mrs R. P. Gaur, A.G.P. for respondents/State CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.

DATE : 12th October, 2022 PER COURT:

1.

In this petition, 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. 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 :-

(2) Name of the petitioners, initial date of their appointments, Date of last increment & Date of superannuation of petitioners Sr.

No Name of the Date of Appoint- Date of Date of SuperanPetitioners Last annual increment ment nuation /Retirement 1.

Ramesh Eknath Suryawanshi 12/11/1984 31/05/2020 30/06/2021 2.

Kiran Govind Patil 01/04/1976 31/05/2014 30/06/2014 3.

Sayed Baba Sayed Amjad 08/02/1977 31/05/2014 30/06/2014 4.

Munsafkhan Miyakhan Pathan 16/10/1980 31/05/2019 30/06/2020 5.

Asif Ali Sarvar Ali Sayed 29/01/1978 31/05/2015 30/06/2015 6.

Rafikoddin Aminoddin Kazi 23/12/1980 31/05/2019 30/06/2018 7.

Rajesh Deoram Vanikar 04/02/1987 31/05/2019 30/06/2020 8.

Somnath Bhanudas More 15/02/1984 31/05/2019 30/06/2020 9.

Ahemad Rubab Mahemud Shaikh 16/02/1984 31/05/2019 30/06/2020

10. Shafiyoddin 08/05/1982 31/05/2019 30/06/2020 Chiraguddin Shaikh

11. Madhukar 10/05/1975 31/05/2011 30/06/2020 Ananda Varade

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12. Dagadu Bhadu 07/02/1977 31/05/2012 30/06/2013 Sapkale

13. Pandurang 16/10/1980 31/05/2016 30/06/2017 Ratansing Patil

14. Prakash Amrut 12/09/1978 31/05/2016 30/06/2017 Mahajan

15. Rajesh Sadashiv 31/05/2019 30/06/2020 Panje ----

16. Sanjay Sadashiv 31/05/2019 30/06/2020 Panje ---- 3.

The issue raised is no longer res integra, having been concluded by the learned Division Bench of the Madras High Court, vide judgment dated 15.09.2017, in WP No.15732/2017, 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, this petition is partly allowed. The petitioners are entitled to the notional addition of the last yearly increment for the purpose of calculating their pension, gratuity,

(4) earned leave, commutation benefits etc. In so far 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 filing of this petition or as per actuals, whichever is less. Such arrears should be calculated and be paid to the petitioners, on or before 30.12.2022 .

(SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.) sjk