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Bombay High CourtWP/10335/2022disposed off

Kishore Tarachand Jagdeo v. The State Of Maharashtra Through Its Principal Secretary And Others

2022-10-06Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Arun R. Pedneker4 pages

- 1 -

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 936 WRIT PETITION NO.10334 OF 2022 SUNIL DHONDU PALKHE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 937 WRIT PETITION NO.10335 OF 2022 KISHORE TARACHAND JAGDEO

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 938 WRIT PETITION NO.10336 OF 2022 DNYANESHWAR KHUSHAL SAINDANE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 939 WRIT PETITION NO.10337 OF 2022 LALIT LAXMIKANT MOMAYA

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 940 WRIT PETITION NO.10339 OF 2022 SUNANDA SADASHIV VAIDYA

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 941 WRIT PETITION NO.10340 OF 2022

- 2 - LALITA ASHOK PATIL

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS Mr.P.A.Pisal, Advocate for the petitioners.

Mr.P.K.Lakhotiya, Mr.S.G.Sangle, Mr.S.G.Karlekar, Mr.P.S.Patil, Mr.S.K.Tambe, Mr.A.R.Kale, AGPs' for State.

( CORAM : RAVINDRA V. GHUGE AND ARUN R. PEDNEKER, JJ.) DATE : OCTOBER 06, 2022 PER COURT :

1.

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. 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 :-

- 3 - Name of the petitioners, initial date of their appointments, Date of last increment & Date of superannuation of petitioners Sr.

No Date of Superannuati on /Retirement 1.

10334/2022 Sunil Dhondu Palkhe 26.08.1985 01.07.2021 30.06.2022 W.P.No.

Name of the Petitioners Date of Appointment Date of Last annual increment 2.

10335/2022 Kishore Tarachand Jagdeo 09.08.1986 01.07.2019 30.06.2020 3.

10336/2022 Dnyaneshwar Khusal Saindane 10.12.1991 01.07.2019 30.06.2020 4.

10337/2022 Lalit Laxmikant Momaya 16.08.1990 01.07.2019 30.06.2020 5.

10339/2022 Sunanda Sadashiv Vaidya 08.07.1989 01.07.2016 30.06.2017 6.

10340/2022 Lalita Ashok Patil 29.08.1990 01.07.2019 30.06.2020 3.

The issue raised is no longer res integra, having been concluded by 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

- 4 - 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. 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 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.)