1 120.WP.7883.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 7883 OF 2026 Rajendra Janardanrao Nimbhorkar & Ors. Vs. The State of Maharashtra & Ors. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri S.S. Shinde, Counsel for Petitioners. Mr. A.A. Madiwale, AGP for the Respondents. CORAM : URMILA JOSHI-PHALKE & RAJ D.WAKODE, JJ. DATED : 06th October, 2026. 1. Heard learned counsel Shri S.S. Shinde for the petitioners. 2. The petitioners are retired employees of the respondents who were working in various posts in different departments of the respondents. The petitioners have approached this Court seeking direction to respondents to grant one notional/annual increment which became due on 1st of July immediately after retirement of the petitioners by including said increment in their last pay drawn and to revise their pay fixation accordingly. The aforesaid issue as regards granting of one notional/annual increment which became due on 1st of July immediately after retirement is no longer res integra and is covered by judgment of the Hon’ble Apex Court and by catena of judgments passed by this Court. The Hon’ble Apex Court in the case of Director (Admn. and HR) KPTCL vs. Vc.P.Mundinamani, reported in AIR 2023 SC 1956 has granted such benefits of the notional/annual increment to the employees who were similarly situated with the petitioners. Relying upon the 2026:BHC-NAG:13517-DB 2 120.WP.7883.2026.odt judgment of the Hon’ble Apex Court, the Coordinate Bench of this Court in Writ Petition No.15662/2025 had held thus in its judgment dated 18.3.2026: “4. 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 1 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. 5. By a judgment dated 4th May, 2022 delivered in Writ Petition No.14632 of 2021 at Aurangabad in Balaji Manikrao Biradar vs. State of Maharashtra & Ors., 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. 6. 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, 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. 7. 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 3 120.WP.7883.2026.odt 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.” 3. Learned counsel for the petitioners submits that the petitioners before this Court are exactly identical in situation to the petitioners who were before this Court in the aforesaid writ petition. The petitioners are entitled for monetary benefits/difference of pensionary benefits from their respective dates of superannuation because they have worked for six months or more in the last year up to their superannuation. 4. Learned AGP Shri A.A. Madiwale for the respondents, so far as pronouncement of law by the Hon’ble Apex Court so also by the Coordinate Bench of this Court is concerned, admits the aforesaid legal position. However, so far as entitlement of the present petitioners is concerned, learned AGP submits that it needs to be verified by the respondents before granting such benefits. 5. Learned counsel for the petitioners invites our attention to representation made by the petitioners claiming such benefits, which is annexed at page No.51 (Annexure-4). 6. Learned counsel for the petitioners submits that though such representation was submitted, since the respondents have done nothing in the matter, the petitioners have approached this Court. 4 120.WP.7883.2026.odt 7. In view of the above, we dispose of the writ petition as per following order: (i) The respondents are directed to consider and decide the aforesaid representation which is at page No.51 (Annexure-4) within a stipulated period of six weeks from today. (ii) The respondents shall verify the service record of the present petitioners and if they had worked for more than six months in the last year upto their superannuation, the petitioners would be entitled for the arrears of such benefits for a period of three years preceding the dates of the filing of the petitions or as per actuals, whichever is less. (iii) The pensionary benefits of the petitioners would be re-calculated by including the annual increment in their last drawn salary prior to their superannuation and such re-calculated pensionary benefits shall be payable to them. (iv) 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. (v) If decision is adverse to the petitioners, the respondents are directed to communicate the same to the petitioners within a period of two weeks from the date of such decision. (vi) The writ petition is accordingly disposed of. No costs. [RAJ D.WAKODE, J.] [URMILA JOSHI-PHALKE, J.] Vijaykumar Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 09/10/2026 11:18:15