Mangalsing Sandu Charawande And Another v. The State Of Maharashtra Through The Principal Secretary And Others
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 914 WRIT PETITION NO.11618 OF 2022 VIJAYSING SHANKAR THOKE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 917 WRIT PETITION NO.11623 OF 2022 GAJANAN PATILBA JAYBHAYE
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ....
Mr S. B. Sontakke, Advocate for petitioners;
Mr P. S. Patil and Mr S. G. Sangle, A.G.P. for respondents/State AND 918 WRIT PETITION NO.11624 OF 2022 VILAS JAGANNATH PATIL AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE PRINCIPAL SECRETARY AND OTHERS AND 920 WRIT PETITION NO.11628 OF 2022 MANGALSING SANDU CHARAWANDE AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE PRINCIPAL SECRETARY AND OTHERS ....
Mr A. C. Deshpande, Advocate for petitioners; Mrs R. P. Gaur, A.G.P. for respondents/State AND
(2) WRIT PETITION NO.11668 OF 2022 RAGHUNATH RAMDAS SHINDE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE ITS SECRETARY AND OTHERS ....
Mr Ameya N. Sabnis, Advocate for petitioners; Mr S. K. Tambe, A.G.P. for respondents/State CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.
DATE : 23rd November, 2022 PER COURT:
1.
Writ Petition No.11668/2022 is not on board. By the consent of the parties, taken on board.
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 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 :-
(3) Name of the petitioners, initial date of their appointments, Date of last increment & Date of superannuation of petitioners Sr.
No Date of Superann uation /Retireme nt 1.
11618/2022 Vijaysing Shankar Thoke W.P.No.
Name of the Petitioners Date of Appointmen t Date of Last annual increment 19/07/1991 01/07/2020 30/06/20 Subhash Dharamsing Rathod 28/06/1986 01/07/2020 30/06/20 Hanumant Sahadu Mokale 28/06/1986 01/07/2020 30/06/20 Maharu Garadal Rathod 30/06/1991 01/07/2020 30/06/20 2.
11623/2022 Gajanan Patilba Jaybhaye 30/07/1977 01/07/2013 30/06/20 3.
11624/2022 Vilas Jagannath Patil 11/06/1994 01/07/2021 30/06/20 Uttam Bhaurao Tambe 01/07/1991 01/07/2019 30/06/20 Bhoi Bhatu Elaji 12/08/1991 01/07/2019 30/06/20 Rajendra Kalu Deo 30/03/1992 01/07/2021 30/06/20 Dilip Baburao Achari 27/09/1989 01/07/2021 30/06/20 Eknath Arjun Pakhare 05/11/1991 01/07/2021 30/06/20
(4) Maya Ratnakar Kulkarni 01/06/1991 01/07/2020 30/06/20 4.
11628/2022 Mangalsing Sandu Charawande 04/02/1989 01/07/2019 30/06/20 Pralhad Raghoji Adhave 02/04/1979 01/07/2011 30/06/20 5.
11668/2022 Raghunath Ramdas Shinde 22/06/1987 01/07/2021 30/06/20 Chandrakant Pandharinath Choudhari 14/06/1989 01/07/2020 30/06/20 Suresh Kailas Patil 13/06/1988 01/07/2018 30/06/20 Satish Madhav Pathar 19/06/1991 01/07/2021 30/06/20 Ravindra Baburao Chaudhari 24/06/1986 01/07/2021 30/06/20 Ravindra Shankarrao Salunkhe 13/06/1994 01/07/2021 30/06/20 Premchand Govindrao Shinde 14/06/1992 01/07/2021 30/06/20 Sudhir Rupchand Patil 13/06/1997 01/07/2020 30/06/20 Anil Madhav Borole 13/06/1998 01/07/2020 30/06/20 4.
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
(5) 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.
5.
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 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 31/01/2023.
(SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.) sjk