Suvarna Mallikarjun Dharne v. The State Of Maharashtra Through Secretary Higer Education Department And Others
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 57 WRIT PETITION NO.12534 OF 2022 LIMRAJ NAGNATH MOTE
VERSUS
THE STATE OF MAHARASHTRA THROUGH SECRETARY HIGHER EDUCATION DEPARTMENT AND OTHERS ...
Advocate for the Petitioner : Smt. Ghorpade (Nawale) Jayashree T.
AGP for Respondents/State: Mr. P. S. Patil ...
AND 93 WRIT PETITION NO.12589 OF 2022 UTTAM NAGU PATARE
VERSUS
THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...
Advocate for Petitioner : Smt.Ghorpade (Nawale) Jayashree T. AGP for Respondents/State: Mr. S. G. Sangle ...
AND 138 WRIT PETITION NO.12654 OF 2022 SUVARNA MALLIKARJUN DHARNE
VERSUS
THE STATE OF MAHARASHTRA THROUGH SECRETARY HIGER EDUCATION DEPARTMENT AND OTHERS ...
Advocate for Petitioner : Smt.Ghorpade (Nawale) Jayashree T. AGP for Respondents/State: Mr. S. K. Tambe ...
CORAM : RAVINDRA V. GHUGE & SANJAY A. DESHMUKH, JJ.
DATE :- 12th December, 2022
Per Court :- 1.
In 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 the particular year, as they were due for superannuation. The names of the petitioners are mentioned in the chart annexed at Exhibit - 'A' and their dates of superannuation are mentioned at Exhibit - 'B'. 3.
The issue raised in these petitions is no longer resintegra in the light of the judgment delivered by the Madras High Court on 15.09.2017 in Writ Petition No.15732/2017 filed by P. Ayyamperumal Vs. The Registrar, Central Administrative Tribunal and others, which has been sustained by the Honourable Supreme Court. This Court (Coram : Ravindra V. Ghuge and Anil L. Pansare, JJ) has also delivered the judgment dated 23.06.2022 in Writ Petition
No.6256/2022 filed by Changdeo Genuji Dudhat and others vs. State of Maharashtra and others and connected petitions. We have corrected paragraph 10 of our judgment dated 23.06.2022 vide order dated 13.07.2022.
4.
In view of the above, the case of the petitioners is squarely covered by the said order dated 23.06.2022 and they stand entitled for the benefits as ordered in paragraph 9 and corrected paragraph 10 of the order dated 23.06.2022 in Changdeo Genuji Dudhat (supra), which read as under :- "9.
It is quite apparent that the judgment delivered by the Madras High Court in P.Ayyamperumal (supra), became a cause for these petitioners to approach this Court. None of them had challenged the noninclusion of the annual increment in their pensionary benefits for calculation purposes, when they superannuated on 30th June of a particular year. As the judgment delivered in P. Ayyamperumal (supra) became known to all, that these petitioners have approached this Court. Some of the petitioners have superannuated in between 2016 and 2021.
10.
Considering these aspects, we are of the view that the arrears of such benefits as granted by us in paragraph 9 hereinabove, could be restricted for a reasonable period. As such, these petitioners would be entitled for the arrears of such benefits for a period of three years preceding the dates of their filing of the writ petitions or as per actuals, whichever is less. We direct the payment of such arrears accordingly and expect such payment to be made to these petitioners, on or before 30.08.2022." 5.
As such, these Writ Petitions are disposed off.
6.
The respondents would grant benefits to the petitioners as directed in paragraphs 9 and 10 (reproduced above) of Changdeo Genuji Dudhat (supra), on or before 28.02.2023.
(SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.) Sameer