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2026 DAILYLAW 16490 (BOM)

YUVARAJ LAHU PAWAR AND OTHERS v. THE STATE OF MAHARASHTRA THR SECRETARY AND OTHERS

WP/13414/2026 · 2026-09-30

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

{1} 55-wp-12948-2026 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 55 WRIT PETITION NO. 12948 OF 2026 Pralhad Hammu Pawar And Others VERSUS The State Of Maharashtra And Others ... Mr. Dhanaji Kudle, Advocate for the Petitioners Mr. N.D. Batule, AGP for State WRIT PETITION NO. 13265 OF 2026 Rajpal Trimbakrao Patil And Others VERSUS The State Of Maharashtra And Others ... Mr. Dhanaji Kudle, Advocate for the Petitioners Mr. V.M. Kagne, AGP for State WRIT PETITION NO. 13393 OF 2026 Raju Pralhad Jawale And Others VERSUS The State Of Maharashtra And Others ... Mr. R.P. Bhumkar, Advocate for the WRIT PETITION NO. 13402 OF 2026 Mayadevi Shantaram Pagare And Others VERSUS The State Of Maharashtra And Others ... Mr. Yogesh Bolkar, Advocate for the Petitioners Mr. N.D. Batule, AGP for State Mr. S.R. Dheple, Advocate for Respondents No. 4 to 6 WRIT PETITION NO. 13403 OF 2026 Tatyarao Dhondiram Chavan And Others VERSUS 2026:BHC-AUG:46319-DB {2} 55-wp-12948-2026 The State Of Maharashtra And Others ... Mr. Shubham Swami h/f Mr. S.K. Mathpati, Advocate for the Petitioners Mr. A.B. Girase, Government Pleader for the State Mr. P.R. Nangare, Advocate for Respondents No. 3 to 5 WRIT PETITION NO. 13404 OF 2026 Association Of College And University Superannuated Teachers Through its Secretary Dr. Jaynarayan M. Mantri VERSUS The State Of Maharashtra And Others Mr. S.V. Adwant, Advocate for the Petitioner Mr. S.K. Tambe, AGP for State WRIT PETITION NO. 13407 OF 2026 Bhimrao Rambhau Kokare And Others VERSUS The State Of Maharashtra And Others ... Mr. Shubham Swami h/f Mr. S.K. Mathpati, Advocate for the Petitioners Mr. A.B. Girase, Government Pleader for the State Mr. P.R. Nangare, Advocate for Respondents No. 3 to 6 WRIT PETITION NO. 13408 OF 2026 Shivaji Vishnu Satpute And Others VERSUS The State Of Maharashtra And Others ... Mr. Shubham Swami h/f Mr. S.K. Mathpati, Advocate for the Petitioners Mr. V.M. Kagne, AGP for State WRIT PETITION NO. 13414 OF 2026 Yuvaraj Lahu Pawar And Others VERSUS The State Of Maharashtra And Others ... Mr. Pramod Pisal, Advocate for the Petitioners Ms. Neha Kamble, AGP for State {3} 55-wp-12948-2026 WRIT PETITION NO. 13415 OF 2026 Prakash Pundlik Kinage And Others VERSUS The State Of Maharashtra And Others ... Mr. Shubham Swami h/f Mr. S.K. Mathpati, Advocate for the Petitioners Mr. B.B. Bhise, AGP for State WRIT PETITION NO. 13416 OF 2026 Raghunath Pandharinathrao Ashtekar VERSUS The State Of Maharashtra And Others ... Mr. Vaibhav Pawar, Advocate for the Petitioner Mr. N.D. Batule, AGP for State WRIT PETITION NO. 13417 OF 2026 Harishchandra Namdev Kawale VERSUS The State Of Maharashtra And Others ... Mr. Amit Ghute, Advocate for the Petitioner Mr. S.K. Tambe, AGP for State WRIT PETITION NO. 13418 OF 2026 Nandakumar Murlidharrao Dhage And Others VERSUS The State Of Maharashtra And Others ... Mr. Shubham Swami h/f Mr. S.K. Mathpati, Advocate for the Petitioners Mr. A.B. Girase, Government Pleader for the State WRIT PETITION NO. 13419 OF 2026 Venkat Hanmantrao Kine And Others VERSUS The State Of Maharashtra And Others ... Mr. Kapil C Khanapure, Advocate for the Petitioners {4} 55-wp-12948-2026 Mr. V.M. Kagne, AGP for State WRIT PETITION NO. 13420 OF 2026 Ramprabhu Dajiba Mundhe And Others VERSUS The State Of Maharashtra And Others ... Mr. S.S. Jadhavar, Advocate for the Petitioners Ms. Neha Kamble, AGP for State WRIT PETITION NO. 13422 OF 2026 Sanjay Pratap Dabhade And Others VERSUS The State Of Maharashtra And Others ... Mr. Pramod Pisal, Advocate for the Petitioners Mr. N.D. Batule, AGP for State WRIT PETITION NO. 13423 OF 2026 Shivanand Annarao Khandare VERSUS The State Of Maharashtra And Others ... Mr. Kapil C Khanapure, Advocate for the Petitioner Mr. S.K. Tambe, AGP for State WRIT PETITION NO. 13424 OF 2026 Shaikh Talib Shaikh Ahmad And Others VERSUS The State Of Maharashtra And Others ... Mr. Sambhaji G. Munde, Advocate for the Petitioners Mr. A.B. Girase, Government Pleader for the State WRIT PETITION NO. 13425 OF 2026 Ramesh Venkatrao Jadhav VERSUS The State Of Maharashtra And Others {5} 55-wp-12948-2026 ... Mr. Ganesh Jadhav, Advocate for the Petitioner Mr. V.M. Kagne, AGP for the State 19 WRIT PETITION NO. 13426 OF 2026 Rajkumar Haribhau Suradkar And Others VERSUS The State Of Maharashtra And Others ... Mr. Shubham Swami h/f Mr. S.K. Mathpati, Advocate for the Petitioners Ms. Neha Kamble, AGP for State WRIT PETITION NO. 13427 OF 2026 Sanjeev Shivrajappa Tamshete And Others VERSUS The State Of Maharashtra And Others ... Mr. Kapil C Khanapure, Advocate for the Petitioners Mr. B.B. Bhise, AGP for State ....... CORAM : NITIN B. SURYAWANSHI AND ABASAHEB D. SHINDE, JJ. DATE : 30th 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. {6} 55-wp-12948-2026 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 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 {7} 55-wp-12948-2026 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:- (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. {8} 55-wp-12948-2026 (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.) Bhagyawant Punde