Research › Search › Judgment

Bombay High Court · body

2026 DAILYLAW 11331 (BOM)

LOTAN SHRAVAN THAKUR AND OTHERS v. THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

WP/12561/2026 · 2026-09-16

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

*1* 28-wp-12133-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 28 WRIT PETITION NO. 12133 OF 2026 Suresh Shivdas Pawar And Others VERSUS The State Of Maharashtra And Others ... Mr. Patil Vinod Prakash, Advocate for the Petitioner Mr. B. B. Bhise, AGP for Respondents/State … AND 44 WRIT PETITION NO. 12150 OF 2026 Mahadeo Goroba Gaikwad And Others VERSUS The State Of Maharashtra Through Its Secretary And Others ... Mr. Deshpande Chaitanya Rajesh, Advocate for the Petitioner Mr. A. B. Girase, AGP for Respondents/State ... AND 1 WRIT PETITION NO. 12533 OF 2026 Kisan Shenfed Magare VERSUS The State Of Maharashtra Through Its Principal Secretary And Others ... Mr. Govind R. Ingole & Mr. Babasaheb V. Ambhore, Advocate for the Petitioner Mr. M. K. Goyanka, AGP for Respondents/State ... AND 2 WRIT PETITION NO. 12534 OF 2026 Baban Rambhau Avhad And Others VERSUS The State Of Maharashtra Through Secretary And Others ... Narwade *2* 28-wp-12133-2026 Mr. Murge Estling S., Advocate for the Petitioner Mr. S. K. Tambe, AGP for Respondents ... AND 3 WRIT PETITION NO. 12538 OF 2026 Anita Ramesh Patel VERSUS The State Of Maharashtra Through Its Principal Secretary And Others ... Mr. Pisal Pramod A., Advocate for the Petitioner Ms. S. S. Joshi, AGP for Respondents/State ... AND 4 WRIT PETITION NO. 12551 OF 2026 Shardini Dhondurao Suryawanshi VERSUS The State Of Maharashtra Through Its Principal Secretary And Others ... Mr. Kale Anil Panditrao, Advocate for the Petitioner Mr. B. B. Bhise, AGP for Respondents/State ... AND 5 WRIT PETITION NO. 12557 OF 2026 Namdeo Arjun Thakare And Others VERSUS The State Of Maharashtra Through Secretary And Others ... Mr. Murge Estling S., Advocate for the Petitioner Mr. S. K. Tambe, AGP for Respondents/State ... AND 6 WRIT PETITION NO. 12559 OF 2026 Eknath Bhivaji Bhor And Others VERSUS The State Of Maharashtra Through Its Secretary And Others Narwade *3* 28-wp-12133-2026 ... Mr. Murge Estling S., Advocate for the Petitioner Mr. V. M. Kagne, AGP for Respondents/State ... AND 7 WRIT PETITION NO. 12560 OF 2026 Suresh Shankarrao Jadhav And Others VERSUS The State Of Maharashtra Through Its Principal Secretary And Others ... Mr. Madde Shrikant B, Advocate for the Petitioner Ms. N. B. Kamble, AGP for Respondents/State ... AND 8 WRIT PETITION NO. 12561 OF 2026 Lotan Shravan Thakur And Others VERSUS The State Of Maharashtra Through Its Secretary And Others ... Mr. Bolkar Yogesh B., Advocate for the Petitioner Mr. N. D. Batule, AGP for Respondents/State Mr. S. R. Dheple, Advocate for Respondent Nos.4 and 5 ... AND 9 WRIT PETITION NO. 12568 OF 2026 Sajan Jeevan Patil And Others VERSUS The State Of Maharashtra Through Its Secretary And Others ... Mr. Shaikh Mohammad Naseer A, Advocate for the Petitioner Mr. S. R. Wakle, AGP for Respondents/State ... AND 10 WRIT PETITION NO. 12562 OF 2026 Navnath Dashrath Kamble And Others VERSUS Narwade *4* 28-wp-12133-2026 The State Of Maharashtra And Others ... Mr. Rajendra G. Hange & Mr. H. R. Hange, Advocate for the Petitioner Mr. A. G. Girase, G.P. for Respondents/State Mr. Suhas R. Shirsath, Advocate for Respondent Nos.6, 8 and 9 ... AND 11 WRIT PETITION NO. 12547 OF 2026 Ravindra Purushottam Chaudhari And Others VERSUS The State Of Maharashtra And Others ... Mr. Jitendra Vijay Patil, Advocate for the Petitioner Ms. S. S. Joshi, AGP for Respondents/State ... AND 12 WRIT PETITION NO. 12548 OF 2026 Ashok Bhimrao Marathe And Others VERSUS The State Of Maharashtra And Others ... Mr. Patil Jitendra Vijay, Advocate for the Petitioner Mr. M. K. Goyanka, AGP for Respondents/State ... AND 13 WRIT PETITION NO. 12549 OF 2026 Pramod Ziparu Kuwar And Others VERSUS The State Of Maharashtra And Ohters ... Mr. Patil Jitendra Vijay, Advocate for the Petitioner Mr. B. B. Bhise, AGP for Respondents/State ... AND 14 WRIT PETITION NO. 12550 OF 2026 Shaikh Shakil Shaikh Ismail And Others Narwade *5* 28-wp-12133-2026 VERSUS The State Of Maharashtra Through Its Principal Secretary And Others ... Mr. Patil Jitendra Vijay, Advocate for the Petitioner Mr. V. M. Kagne, AGP for Respondents/State ... AND 15 WRIT PETITION NO. 12552 OF 2026 Shobha Pandit Wani And Others VERSUS The State Of Maharashtra And Others ... Mr. Patil Jitendra Vijay, Advocate for the Petitioner Ms. N. B. Kamble, AGP for Respondents/State Mr. S. R. Dheple, Advocate for Respondent Nos.4 and 5 ... AND 16 WRIT PETITION NO. 12553 OF 2026 Ujvala Dnyaneshwar Gaikwad And Others VERSUS The State Of Maharashtra And Others ... Mr. Patil Jitendra Vijay, Advocate for the Petitioner Mr. S. R. Wakle, AGP for Respondents/State ... AND 17 WRIT PETITION NO. 12554 OF 2026 Harendrakumar Pandharinath Shete And Others VERSUS The State Of Maharashtra And Others ... Mr. Patil Jitendra Vijay, Advocate for the Petitioner Mr. N. D. Batule, AGP for Respondents/State ... AND 18 WRIT PETITION NO. 12555 OF 2026 Narwade *6* 28-wp-12133-2026 Trambak Vitthal Patil And Others VERSUS The State Of Maharashtra And Others ... Mr. Patil Jitendra Vijay, Advocate for the Petitioner Mr. A. G. Girase, AGP for Respondents/State ... AND 19 WRIT PETITION NO. 12556 OF 2026 Tajsultana Riyaz Ahemed Lunje And Others VERSUS The State Of Maharashtra Through Its Principal Secretary And Others ... Mr. Patil Jitendra Vijay, Advocate for the Petitioner Ms. N. B. Kamble, AGP for Respondents/State ... AND 20 WRIT PETITION NO. 11771 OF 2026 Vasant Dattatray Wavhal And Ohters VERSUS The State Of Maharashtra And Others ... Mr. Arvind Gopalrao Ambetkar, Advocate for the Petitioner Mr. B. B. Bhise, AGP for Respondents/State ... CORAM : NITIN B. SURYAWANSHI & ABASAHEB D. SHINDE, JJ. DATE : 16th SEPTEMBER 2026 P. C. :- 1. By these petitions, the petitioners seek directions to the respondent Zilla Parishad to grant them notional / annual increment which was due on 01st July i.e. after their retirement, as they have served with good conduct for more than six months Narwade *7* 28-wp-12133-2026 in a year. Further direction is sought to recalculate their retirement benefits by including annual increment and all the consequential service benefits. 2. Learned advocate for petitioners submit that the petitioners are in fact seeking the benefit of Rule 10 of the Maharashtra Civil Services (Revised Pay) Rules, 2009. 3. The issue raised by these petitioners is no longer res integra. Under the 6th Pay Commission, the year for accounting the annual increments is from 1st July up to the 30th day of June of the next year. The issue as to whether a candidate would be entitled for such increment if he/she superannuates on 30th June, was dealt with by several Courts. 4. The judgment dated 4th May, 2022 delivered by this Court in Writ Petition No. 14632 of 2021 [Balaji Manikrao Biradar vs. State of Maharashtra & Others], led to the conclusion that since this increment is not an advance increment, but is an increment which is payable after completing one year of employment, notwithstanding that a candidate superannuates after office hours on 30th June, he is deemed to have earned the annual increment and, therefore, the increment is payable. Narwade *8* 28-wp-12133-2026 5. Several orders/judgments delivered by this Court were assailed before the Hon'ble Supreme Court and the same have been sustained. A large bunch of cases were taken up for adjudication by the Hon'ble Supreme Court in Director (ADMN. and HR) KPTCL vs. V. C. P. Mundinamani, reported in AIR 2023 SC 1956 and it was concluded that the said increment is earned by an employee for working over one year and hence, the employee is entitled to an increment even if he/she retires on 30th June of a particular year. 6. Insofar as cases wherein an employee may have worked for a lessor duration during one year, Rule 10 of the Maharashtra Civil Services (Revised Pay), Rules, 2009 would cover cases of employees who have worked for six months and above in the revised pay structure as on 1st July, and would also be entitled for the increment. All those petitioners who have worked for six months and above in a particular year, would be entitled for the benefits of the annual increment and their retirement dues would be calculated by reckoning such increment while calculating their last drawn wages. 7. In view of the above, the Writ Petitions are partly allowed with following directions:- Narwade *9* 28-wp-12133-2026 (a) The petitioners would be entitled for monetary benefits/difference of pensionary benefits as per the actuals w.e.f. from their respective dates of superannuation, provided they have worked for 6 months or more in the last year up to their superannuation. (b) The pensionary benefits of the petitioners would be recalculated by including the annual increment in their last drawn salary prior to their superannuation and such recalculated pensionary benefits shall be payable to them. (c) Arrears if any, shall be paid to them within a period of 90 days. Many of the petitioners have approached belatedly before this Court and, therefore, akin to the orders passed in several matters, they would be not entitled for the interest component. (ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.) Narwade