Rekha Vinay Jakatdar v. The State Of Maharashtra Through Secretary And Others
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 359 WRIT PETITION NO.11137 OF 2022 BABAN NARAYAN FULARI AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS .....
AND 361 WRIT PETITION NO.11139 OF 2022 SHRIKANT MANOHARRAO MANGULKAR
VERSUS
THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS .....
AND WRIT PETITION NO.11284 OF 2022 MRS. REKHA VINAY JAKATDAR
VERSUS
THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS .....
Advocate for Petitioners : Ms. Suchita S. Upadhyaya Dhongade AGP for Respondents: Mr. S.G. Karlekar and Mr. S.K. Tambe .....
CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.
DATED : 16th NOVEMBER, 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
-2payable on the last day before their superannuation, on completion of one year service.
2.
The 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 :- Name of the petitioners, initial date of their appointments, Date of last increment & Date of superannuation of petitioners Sr.
No Date of Superannuat ion /Retirement 1.
11137/2022 Baban Narayan Fulari W.P.No.
Name of the Petitioners Date of Appointment Date of Last annual increment 13.02.1981 01.07.2014 30.06.2015 2.
11137/2022 Suhas Raghunath Dixit 04.04.1979 01.07.2014 30.06.2015 111372022 Shrikant Manoharrao Mangulkar 20.10.1984 01.07.2020 30.06.2021 11284/2022 Rekha Vinay Jakatdar 09.09.1988 01.07.2017 30.06.2018 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 of 2017, filed by P.
-3Ayyamperumal 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. 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.
5.
Needless to state, by including the last earned increment, the appropriate authorities shall recalculate the pensionary benefits of the petitioners and accordingly, pay
-4the pension as per the recalculated amounts along with the arrears.
(SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE , J.) rlj/