{1} 51-wp-12638-2026 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 51 WRIT PETITION NO. 12638 OF 2026 Virsing Barku Gaikwad And Others VERSUS The State Of Maharashtra And Others ... Mr. S.K. Mathpati, Advocate for the Petitioners Mrs. Saie Joshi, AGP for the State WRIT PETITION NO. 13134 OF 2026 Balasaheb Sopanrao Niras And Others VERSUS The State Of Maharashtra And Others Mr. S.K. Mathpati, Advocate for the Petitioners Mr. M.K. Goyanka, AGP for the State Mr. A.R. Nikam, Advocate for Respondent No. 5 WRIT PETITION NO. 13135 OF 2026 Dadahari Marutirao Dhas And Others VERSUS The State Of Maharashtra And Others Mr. M.S. Karad, Advocate for the Petitioners Ms. Neha Kamble,AGP for State WRIT PETITION NO. 13136 OF 2026 Pandurang Wamanrao Pawar And Others VERSUS The State Of Maharashtra And Others Mr. P.N. Pimpalgaonkar, Advocate for the Petitioners Mr. V. M. Kagne,AGP for State WRIT PETITION NO. 13137 OF 2026 Bhagwanta Shankar Umap And Others 2026:BHC-AUG:45615-DB {2} 51-wp-12638-2026 VERSUS The State Of Maharashtra And Others Mr. V.P. Narwade, Advocate for the Petitioners Mr. B. B.Bhise,AGP for State WRIT PETITION NO. 13138 OF 2026 Chandrakant Keshavrao Damekar And Others VERSUS The State Of Maharashtra And Others Mr. S.K. Mathpati, Advocate for the Petitioners Mr. N. D. Batule,AGP for State WRIT PETITION NO. 13139 OF 2026 Manish Ramaji Ganvir VERSUS The State Of Maharashtra And Others ... Mr. R.D. Khadap, Advocate for the Petitioner Mrs. Saie Joshi, AGP for State Mr. N.D. Sonavane, Advocate for Respondent No. 6 Mr. S.R. Dheple, Advocate for Respondent No. 7 WRIT PETITION NO. 13140 OF 2026 Devidas Dhanaji Jarare VERSUS The State Of Maharashtra And Others ... Mr. Prasad Jarare, Advocate for the Petitioner Mr S.K. Tambe, AGP for State WRIT PETITION NO. 13141 OF 2026 Suresh Gopalrao Shete And Others VERSUS The State Of Maharashtra And Others ... Mr. Umesh Gite, Advocate for the Petitioner Mr. A.B. Girase, Government Pleader for the State {3} 51-wp-12638-2026 WRIT PETITION NO. 13142 OF 2026 Uttamrao Rakhmaji Kale And Others VERSUS The State Of Maharashtra And Others ... Mr. R.V. Gore, Advocate for the Petitioners Mr. M.K. Goyanka, AGP for the State WRIT PETITION NO. 13143 OF 2026 Sitaram Biraji Ramandwal VERSUS The State Of Maharashtra And Others ... Mr. Prasad Jarare , Advocate for the Petitioner Ms. Neha Kamble AGP for the State WRIT PETITION NO. 13144 OF 2026 Rajabhau Bansi Nagargoje And Others VERSUS The State Of Maharashtra And Others ... Mr. Vaibhav Pawar, Advocate for the Petitioners Mr. V.M. Kagne, AGP for State WRIT PETITION NO. 13146 OF 2026 Kamlakar Venkatrao Kulkarni And Others VERSUS The State Of Maharashtra And Others ... Mr. Abhijit G. Choudhari, Advocate for the Petitioners Mr. B.B. Bhise, AGP for State WRIT PETITION NO. 13148 OF 2026 Umakant Ishwarappa Khajure And Others VERSUS The State Of Maharashtra And Others ... {4} 51-wp-12638-2026 Mr. Abhijit G. Choudhari, Advocate for the Petitioners Mr. N.D. Batule, AGP for State WRIT PETITION NO. 13149 OF 2026 Salim Mahetab Shaikh And Others VERSUS The State Of Maharashtra And Others ... Mr. Estling S. Murge, Advocate for the Petitioners Mrs. Saie Joshi, AGP for the State WRIT PETITION NO. 13150 OF 2026 Limbaji Barikrao Ikhe And Others VERSUS The State Of Maharashtra And Others ... Mr. Abhijit Choudhari, Advocate for the Petitioners Mr. S.K. Tambe, AGP for State WRIT PETITION NO. 13151 OF 2026 Sonopant Shankarrao Kulkarni And Others VERSUS The State Of Maharashtra And Others ... Mr. Abhijit Choudhari, Advocate for the Petitioners Mr. A.B. Girase, Government Pleader for State WRIT PETITION NO. 13152 OF 2026 Hanumant Ananda Sakale VERSUS The State Of Maharashtra And Others ... Mr. Umesh Gite Babanrao, Advocate for the Petitioner Mr. M.K. Goyanka, AGP for State WRIT PETITION NO. 13153 OF 2026 Deelip Kishanrao Kanse And Others VERSUS {5} 51-wp-12638-2026 The State Of Maharashtra And Others ... Mr. Abhijit Choudhari, Advocate for the Petitioner Ms. Neha Kamble, AGP for State WRIT PETITION NO. 13154 OF 2026 Bhaurao Rambhau Bachhav And Others VERSUS The State Of Maharashtra Thr Its Secretary And Others ... Mr. S.K. Mathpati, Advocate for the Petitioners Mr. V.M. Kagne, AGP for State Mr. Prashant Nangare, Advocate for Respondents No. 3 to 5 WRIT PETITION NO. 13155 OF 2026 Bhagwan Limbaji Munde And Others VERSUS The State Of Maharashtra Secretary And Others ... Mr. Prasad Jarare, Advocate for the Petitioners Mr. B.B. Bhise, AGP for State WRIT PETITION NO. 13156 OF 2026 Kailas Shantaram Birari VERSUS The State Of Maharashtra And Others ... Mr. Estling Murge, Advocate for the Petitioner Mr. N.D. Batule, AGP for State WRIT PETITION NO. 13157 OF 2026 Nanarao Baburao Ujnikar And Others VERSUS The State Of Maharashtra And Others ... Mr. Avinash Khedkar, Advocate for the Petitioners Mrs. Saie Joshi, AGP for State {6} 51-wp-12638-2026 WRIT PETITION NO. 13158 OF 2026 Navnath Sahebrao Latpate And Others VERSUS The State Of Maharashtra And Others ... Mr. Estling S.Murge , Advocate for the Petitioners Mr. S.K. Tambe, AGP for State WRIT PETITION NO. 13159 OF 2026 Bhagwan Maruti Daund VERSUS The State Of Maharashtra And Others ... Mr. R.V. Gore, Advocate for the Petitioner Mr. A.B. Girase, Government Pleader for State WRIT PETITION NO. 13160 OF 2026 Uttam Narayan Suryawanshi And Others VERSUS The State Of Maharashtra And Others ... Mr. R.V. Gore, Advocate for the Petitioners Mr. M.K. Goyanka, AGP for State WRIT PETITION NO. 13161 OF 2026 Shrirang Ramkrishna Randhe And Others VERSUS The State Of Maharashtra And Others ... Mr. Shivaji T. Shelke, Advocate for the Petitioners Ms. Neha Kamble, AGP for the State WRIT PETITION NO. 13162 OF 2026 Sadashiv Kisan Bharti Died Through Legal Heirs Savita Sadashiv Bharti VERSUS The State Of Maharashtra And Others ... Mr. Vishal Bagal, Advocate for the Petitioner {7} 51-wp-12638-2026 Mr. V.M. Kagne, AGP for the State WRIT PETITION NO. 13163 OF 2026 Rohidas Lahana Bansode And Others VERSUS The State Of Maharashtra And Others ... Mr. Vaibhav Pawar, Advocate for the Petitioners Mr. B.B. Bhise, AGP for State ....... CORAM : NITIN B. SURYAWANSHI AND ABASAHEB D. SHINDE, JJ. DATE : 28th 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 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 {8} 51-wp-12638-2026 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 increment even if he/she retires on 30th June of a particular year. {9} 51-wp-12638-2026 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. {10} 51-wp-12638-2026 (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.) Bhagyawant Punde