Siddharth Suryabhan Gawai 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 908 WRIT PETITION NO.11702 OF 2022 SIDDHARTH SURYABHAN GAWAI AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE PRINCIPAL SECRETARY AND OTHERS .....
AND 909 WRIT PETITION NO.11703 OF 2022 GIRIDHAR UTTAM WAKHRE
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE PRINCIPAL SECRETARY AND OTHERS AND 911 WRIT PETITION NO.11707 OF 2022 HIRALAL BUGALJI KAMEKAR AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS .....
Advocate for Petitioners : Mr. Deshpande Abhishek C. AGP for Respondents 1 to 5: Mrs. R.P Gour, Mr. S.G. Sangle and Mr. S.K. Tambe .....
CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.
DATED : 24th 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.
11702/2022 Siddharth Suryabhan Gawai W.P.No.
Name of the Petitioners Date of Appointment Date of Last annual increment 13.06.1988 01.07.2017 30.06.2018 2.
11702/2022 Lata Shrirang Dhule 11.06.1996 01.07.2018 30.06.2019 11703/2022 Giridhar Uttam Wakhre 03.04.1992 01.07.2018 30.06.2019 11707/2022 Hiralal Bugalji Kamekar 28.11.1977 01.07.2016 30.06.2017 11707/2022 Sumitra Rajhans Jadhav 16.07.1984 01.07.2020 30.06.2021 3.
The issue raised is no longer res-integra, having been concluded by the Madras High Court vide judgment dated
-315.09.2017, in WP 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. 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 31.01.2023.
5.
Needless to state, by including the last earned increment, the appropriate authorities shall recalculate the
-4pensionary benefits of the petitioners and accordingly, pay the pension as per the recalculated amounts along with the arrears.
(SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE , J.) rlj/