16_WP_12183_2026.DOC Shivgan IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12183 OF 2026 Prabhakar Narayan Merukar and Ors. ...Petitioners Versus The State of Maharashtra Thr Dept of Education and Ors ...Respondents WITH WRIT PETITION NO. 12223 OF 2026 Vitthal Ananta Kute and Ors ...Petitioners Versus The State of Maharashtra Thr Dept of Education and Ors ...Respondent WITH WRIT PETITION NO. 12224 OF 2026 Vijayalaxmi Anil Dumbre Decd Thr Legal Heirs and Ors. ...Petitioners Versus The State of Maharashtra Thr Dept of Education and Ors. ...Respondents _______ Mr Niranjan Bhavake, with Drishti Madhani, Anurag Ramekar, Vaishnavi Chore, Mudra Bhayje, i/b Bhavake and Associate Advocates, for Petitioners. Mr P P Kakade, Addl GP, with Nisha M Mehra, AGP, for Respondent-State in WP/12183/2026 and WP/12224/2026. Ms P N Diwan, AGP for Respondent-State in WP/12223/2026. Mr Sandeep Dilip Shinde, for Respondent Nos.4 to 6. _______ CORAM: G. S. KULKARNI & DR. NEELA GOKHALE, JJ. 16_WP_12183_2026.DOC DATE: 30th SEPTEMBER 2026 P.C. 1. We have heard learned counsel for the parties. 2. This batch of Writ Petitions involve common issues of law and facts, hence, they are being disposed of, by this common order. For the convenience, we note the prayers as made in the Writ Petition No. 12183 of 2026: “a. Issue Rule nisi; b. Issue an appropriate writ, order or direction in the nature of Mandamus under Articles 226 and 227 of the Constitution of India, thereby directing the Respondent Authorities to grant to the Petitioners one notional annual increment falling due on 1st July immediately following their respective dates of superannuation, in view of the fact that the Petitioners had rendered more than six months of qualifying service from the date of grant of their respective previous annual increments until their respective dates of retirement; c. Issue an appropriate writ, order or direction in the nature of Mandamus under Articles 226 and 227 of the Constitution of India, thereby directing the Respondent Authorities to notionally include the said annual increment in the last drawn pay of the Petitioners and consequently revise/recalculate the pensionary and retirement benefits of the Petitioners on the basis of such revised last drawn pay; d. Issue an appropriate writ, order or direction in the nature of Mandamus, thereby directing the Respondent Authorities to recalculate and revise all consequential pensionary and retirement benefits payable to the Petitioners, including pension, family pension wherever applicable, gratuity, commutation benefits, leave. encashment and all other benefits which are required to be computed with reference to the Petitioners' last drawn pay, after taking into consideration the aforesaid notional annual increment; 16_WP_12183_2026.DOC e. Declare that the Petitioners, having rendered more than six months of qualifying service from the date of grant of their respective previous annual increments until their respective dates of superamustion, are entitled to the benefit of one annual increment falling due on 1st July immediately following their respective dates of retirement, notwithstanding that the Petitioners were not in service on the date on which the said increment was actually payable; f. Pending the hearing and final disposal of the present Writ Petition, direct the Respondent Authorities provisionally take into consideration the aforesaid annual increment for the purpose of computation of the Petitioners' pensionary and retirement benefits and/or pass such appropriate interim orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case; g. Award costs of the present Petition to the Petitioners; h. Grant such other and further reliefs as this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the present case.” 3. At the outset, the learned counsel for the parties would agree that the proceedings can be disposed of, considering the view taken by this Court in a batch of Writ Petitions in the case of Sampat Govind Pansare & Ors. v. State of Maharashtra & Ors1 decided by a Co-ordinate Bench of this Court to which one of us (G.S.Kulkarni, J.) was a member by an order dated 29th July 2026 in which this Court on similar facts and circumstances of the case, disposed of proceedings, by the following operative order:- (a) The Petitioners would be entitled for monetary benefits/difference of pensionary benefits as per the actuals with effect from their respective 1 WP No.8805 of 2026 along with connected matters decided on 29.7.2026. Page 3 of 5 16_WP_12183_2026.DOC dates of superannuation, on verification that 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 not be entitled for the interest component. 7. This being an admitted position at the Bar, these Writ Petitions can be disposed of in similar terms. We are hence inclined to dispose of the Writ Petitions in terms of the following order:- (i) The Petitioners would be entitled for monetary benefits/difference of pensionary benefits as per the actuals with effect from their respective dates of superannuation, on verification that they have worked for 6 months or more in the last year up to their superannuation. (ii) The pensionary benefits of the Petitioners would be recalculated by including the annual increment in their last 16_WP_12183_2026.DOC drawn salary prior to their superannuation and such recalculated pensionary benefits shall be payable to them. (iii) 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 not be entitled for the interest component. 4. The Writ Petitions stand disposed of in the aforesaid terms. No costs. (DR. NEELA GOKHALE, J) (G. S. KULKARNI, J.) SHAMBHAVI NILESH SHIVGAN Digitally signed by SHAMBHAVI NILESH SHIVGAN Date: 2026.10.06 19:20:01 +0530