1 39-48-71+.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 39 WRIT PETITION NO. 12378 OF 2026 SURESH UKHARDU JAYKARE AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Mr. Prashant D. Suryawanshi, Advocate for the Petitioner Mr. N. D. Batule, AGP for Respondents/State Mr. S. R. Dheple, Advocate for Respondents No. 3 to 5. ... 48 WRIT PETITION NO. 12388 OF 2026 RAJANI ASHOK MORE VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Ms. Sangita M. Sonpethkar, Advocate for the Petitioner Ms. S. S. Joshi, AGP for Respondents/State ... 71 WRIT PETITION NO. 12470 OF 2026 CHUNILAL SHAMRAO KOKANI AND ANOTHER VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ... Mr. Swapnil A. deshmukh, Advocate for the Petitioner Mr. S. K. Tambe, AGP for Respondents … WRIT PETITION NO. 12891 OF 2026 GOVIND DNYANOBA MACHAKURE VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Ms. Nikita Kirjawalekar, Advocate for the Petitioner Mr. V. M. Kagne, AGP for Respondents/State … WRIT PETITION NO. 12888 OF 2026 BALAJI SAKHARAM INGALE AND OTHERS VERSUS SVH 2026:BHC-AUG:44580-DB 2 39-48-71+.odt THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Mr. Prashant D. Suryawanshi, Advocate for the Petitioner Mr. B. B. Bhise AGP for Respondents/State Mr. P. R. Tandale, Advocate for Respondent No. 3. … WRIT PETITION NO. 12894 OF 2026 PRATAP MADHAVRAO SURYAWANSHI AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Ms. Sushama T. Jadhav, Advocate for the Petitioner Mr. M. K. Goyanka, AGP for Respondents/State … WRIT PETITION NO. 12898 OF 2026 PRADEEP KASHIRAM PATIL VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Mr. Yogesh B. Bolkar, Advocate for the Petitioner Mr. N. D. Batule, AGP for Respondents/State … WRIT PETITION NO. 12901 OF 2026 RAJESH MADHAVRAO PARALIKAR VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Mr. Vishal A. Bagal, Advocate for the Petitioner Mr. B. B. Bhise, AGP for Respondents/State … WRIT PETITION NO. 12904 OF 2026 DAVID GENDA DUDVE AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Mr. Estling S. Murge, Advocate for the Petitioner Mr. S. R. Wakale, AGP for Respondents/State SVH 3 39-48-71+.odt … WRIT PETITION NO. 12906 OF 2026 MANIKRAO VISHVAMBHAR SHENGOLE AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Mr. Yuvraj P. Pokale, Advocate for the Petitioner Mr. S. K. Tambe, AGP for Respondents/State … WRIT PETITION NO. 12907 OF 2026 DATTARAM JAKOJIRAO PATIL AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER ... Mr. G. R. Syed, Advocate for the Petitioner Mr. N. D. Batule, AGP for Respondents/State … WRIT PETITION NO. 12934 OF 2026 SURYAKANT VITTHALRAO KHANDEBHARAD AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Mr. Estling S. Murge, Advocate for the Petitioner Mr. B. B. Bhise, AGP for Respondents/State … WRIT PETITION NO. 12945 OF 2026 ASHRUBA DHONDIBA KHANDAGALE AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Mr. Estling S. Murge, Advocate for the Petitioner Mr. N. D. Batule, AGP for Respondents/State … WRIT PETITION NO. 12943 OF 2026 NIMBA KALU MARATHE AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS SVH 4 39-48-71+.odt ... Mr. Estling S. Murge, Advocate for the Petitioner Ms. Neha. B. Kamble, AGP for Respondents/State … WRIT PETITION NO. 12946 OF 2026 DASHARATH NARROTAM PATIL AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Mr. Pramod A. Pisal, Advocate for the Petitioner Mr. M. K. Goyanka, AGP for Respondents/State … WRIT PETITION NO. 12947 OF 2026 VISHNU TUKARAM GAVANDE VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Mr. Vishal A. Bagal, Advocate for the Petitioner Mr. V. M. Kagne, AGP for Respondents/State … WRIT PETITION NO. 12931 OF 2026 RAM BASWANTRAO GHOTE VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Mr. Vishal A. Bagal, Advocate for the Petitioner Mr. S. R. Wakale, AGP for Respondents/State … WRIT PETITION NO. 12933 OF 2026 DILIP BALARAM SAWANT AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Mr. Vaibhav U. Pawar, Advocate for the Petitioner Mr. B. B. Bhise, AGP for Respondents/State … WRIT PETITION NO. 12935 OF 2026 VILAS GIRAJU SONAWANE AND OTHERS SVH 5 39-48-71+.odt VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Mr. Ajay T. Kanawade, Advocate for the Petitioner Mr. N. D. Batule, AGP for Respondents/State … WRIT PETITION NO. 12936 OF 2026 DHANAJI GOVARDHAN PATIL AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Mr. Estling S. Murge, Advocate for the Petitioner Ms. Neha. B. Kamble, AGP for Respondents/State Mr. B. B. Bhise, Advocate for Respondents Nos. 3 to 5. … WRIT PETITION NO. 12917 OF 2026 EKNATH NANABHAU SARODE AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Mr. Ajay T. Kanawade, Advocate for the Petitioner Mr. M. K. Gayonka, AGP for Respondents/State … WRIT PETITION NO. 12918 OF 2026 BABASAHEB KISAN BADE VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Mr. Sunil A. Nimbalkar, Advocate for the Petitioner Mr. A. B. Girase, GP for Respondents/State … WRIT PETITION NO. 12919 OF 2026 CHANDRABHAN KASHIRAM KATKAR AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Mr. Vaibhav U. Pawar, Advocate for the Petitioner Mr. S. K. Tambe, AGP for Respondents/State SVH 6 39-48-71+.odt … WRIT PETITION NO. 12923 OF 2026 RAVINDRA MURLIDHAR SONAWANE AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Mr. Estling S. Murge, Advocate for the Petitioner Mr. S. K. Tambe, AGP for Respondents/State … WRIT PETITION NO. 12924 OF 2026 DEVIDAS SADASHIV GORE AND ANOTHER VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Mr. Tejrao B. Gadekar, Advocate for the Petitioner Mr. S. R. Wakale, AGP for Respondents/State … WRIT PETITION NO. 12925 OF 2026 UTTAM MAROTRAO INGLE AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Mr. Estling S. Murge, Advocate for the Petitioner Mr. N. D. Batule, AGP for Respondents/State … WRIT PETITION NO. 12926 OF 2026 LATIF LADDU MANSURI AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Mr. Jitendra V. Patil, Advocate for the Petitioner Mr. B. B. Bhise, AGP for Respondents/State … WRIT PETITION NO. 12927 OF 2026 DILIP NAGORAO JOGE AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS SVH 7 39-48-71+.odt ... Mr. Jitendra V. Patil, Advocate for the Petitioner Mr. S. R. Wakale, AGP for Respondents/State … WRIT PETITION NO. 12928 OF 2026 CHHAGAN YUVRAJ PATIL AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Mr. Jitendra V. Patil, Advocate for the Petitioner Mr. M. k. Goyanka, AGP for Respondents/State … WRIT PETITION NO. 12899 OF 2026 RAMESH TANHA BHARTI AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Mr. P. D. Suryawanshi, Advocate for the Petitioner Ms. S. S. Joshi, AGP for Respondents/State Mr. S. R. Dheple, Advocate for Respondent No.3 … CORAM : NITIN B. SURYAWANSHI AND ABASAHEB D. SHINDE, JJ. DATE : 23rd SEPTEMBER, 2026 PER COURT : 1. By these petitions, the petitioners seek directions to the respondents 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 in a year. Further direction is sought to recalculate their retirement benefits by including annual increment and all the consequential service benefits. 2. Learned advocates for petitioners submit that the petitioners are in fact seeking the benefit of Rule 10 of the SVH 8 39-48-71+.odt 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. 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 SVH 9 39-48-71+.odt 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:- (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. SVH 10 39-48-71+.odt (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.) SVH