17 wp-2244-2026(c).odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2244 OF 2026 Pandurang Krushna Damare and Others. ….Petitioners. Versus The State of Maharashtra and others. ….Respondents. ---- Mr. Umesh Kurnd for the Petitioners (thr. V.C.). Mr. V. M. Mali, AGP for the Respondent No. 1 and 2. Mr. Ashok Misal for Respondent Nos.3 and 4 (ZP, Solapur). ---- CORAM : RAVINDRA V. GHUGE, ACJ. & NANDESH S. DESHPANDE, J. DATE : JULY 10, 2026 P.C. :- 1. In this Petition, the issue that has been raised by the Petitioners is as regards the notional addition of an annual increment, while computing their pension and pensionary benefits. Such increment became due and payable one day after their superannuation. This issue has been considered and decided by this Court [Coram : Ravindra V.Ghuge & Avinash G. Gharote, JJ.] by order dated 24th June, 2021 in Writ Petition No.6396 of 2020 filed by Prakash Tulshiram Chaudhari Vs. State of Maharashtra. This order was assailed by the State of Maharashtra before the Hon’ble Supreme Court of Patil-SR. 1 of 12 17 wp-2244-2026(c).odt India in Special Leave to Appeal (C) No. 206 of 2022. The Hon’ble Apex Court [Coram : Hon’ble Mr. Justice S. Abdul Nazeer & Hon’ble Mr. Justice Krishna Murari] passed an order on 12.01.2022 concluding as under:- “We are not inclined to interfere with the impugned order. The Special Leave Petition is, accordingly, dismissed. Pending application also stands disposed of.” 2. This Court had based its order dated 24th June, 2021, on the conclusions arrived at by the learned Division Bench of the Madras High Court on 15.09.2017 in Writ Petition No.15732/2017 filed by P. Ayyamperumal Vs. The Registrar, Central Administrative Tribunal and others. We had referred to the said judgment in our order dated 24.06.2021 and had concluded as under:- “3. The petitioner has raised a very short issue before us. His retirement fell on 30.06.2019 and had he retired on 01.07.2019, he would have been entitled for annual increment as is provided under Rule 10 of the Central Civil Services (Revised Pay) Rules, 2008. Considering this provision, the Government of Maharashtra revised the Maharashtra Civil Services (Revised Pay) Rules, 2009 and brought uniformity in the payment of annual increments. There is no dispute Patil-SR. 2 of 12 17 wp-2244-2026(c).odt that the petitioner had worked up to 30.06.2019. He has thus, completed one year prior to his retirement. He would be entitled for an annual increment, but for the fact that the Rules prescribed that he would be entitled to such increment if he has worked on 01.07.2019, when it became payable. 4. The issue raised in this petition has been squarely covered by the judgment delivered by the learned Division Bench of the Madras High Court on 15.09.2017 in Writ Petition No.15732/2017 filed by P. Ayyamperumal vs. The Registrar, Central Administrative Tribunal and others. The facts in the case before the Madras High Court were set out in paragraphs 5 and 6 and the Madras High Court drew it’s conclusions in paragraph 7 and allowed the petition. Paragraphs 5 to 7 read as under :- “5. The petitioner retired as Additional Director General, Chennai on 30.06.2013 on attaining the age of superannuation. After the Sixth Pay Commission, the Central Government fixed 1st July as the date of increment for all employees by amending Rule 10 of the Central Civil Services (Revised Pay) Rules, 2008. In view of the said amendment, the petitioner was denied the last increment, though he completed a full one year in service, i.e. from 01.07.2012 to 30.06.2013. Hence, the petitioner filed the original application in O.A.No.310/00917/2015 before the Central Administrative Tribunal, Madras Bench, and the same was rejected on the ground that an incumbent is only entitled to increment on 1st July if he continued in service on that day. 6. In the case on hand, the petitioner got retired on 30.06.2013. As per the Central Civil Services Patil-SR. 3 of 12 17 wp-2244-2026(c).odt (Revised Pay) Rules, 2008, the increment has to be given only on 01.07.2013, but he had been superannuated on 30.06.2013 itself. The judgment referred to by the petitioner in State of Tamil Nadu, rep.by its Secretary to Government, Finance Department and others v. M.Balasubramaniam, reported in CDJ 2012 MHC 6525, was passed under similar circumstances on 20.09.2012, wherein this Court confirmed the order passed in W.P.No.8440 of 2011 allowing the writ petition filed by the employee, by observing that the employee had completed one full year of service from 01.04.2002 to 31.03.2003, which entitled him to the benefit of increment which accrued to him during that period. 7. 7. The petitioner herein had completed one full year service as on 30.06.2013, but the increment fell due on 01.07.2013, on which date he was not in service. In view of the above judgment of this Court, naturally he has to be treated as having completed one full year of service, though the date of increment falls on the next day of his retirement. Applying the said judgment to the present case, the writ petition is allowed and the impugned order passed by the first respondent-Tribunal dated 21.03.2017 is quashed. The petitioner shall be given one notional increment for the period from 01.07.2012 to 30.06.2013, as he has completed one full year of service, though his increment fell on 01.07.2013, for the purpose of pensionary benefits and not for any other purpose. No costs.” 5. The judgment of the Madras High Court in P.Ayyamperumal (supra) was carried in Special Leave Petition (Civil) Diary No.22283/2018. By order dated 23.07.2018, the Honourable Supreme Court dismissed the said Special Leave Petition. 6. There is no dispute that Rule 10 of the Maharashtra Civil Services (Revised Pay) Rules, 2009 is Patil-SR. 4 of 12 17 wp-2244-2026(c).odt identical to the amended Rule 10 of the Central Civil Services (Revised Pay) Rules, 2008 in relation to the uniformity in annual increments. 7 Considering the above, this Writ Petition is allowed. As the petitioner is superannuated on 30.06.2019, we hold that he would be entitled to the last annual increment, which he has been deprived of and the respondents shall, accordingly, calculate the said monetary benefits expeditiously so as to be paid to the petitioner on or before 30.09.2021. So also, as the grant of this annual increment would affect his pension, gratuity, earned leave, commutation benefits, etc., the respondents would recalculate the same and make the payment of arrears on or before 30.09.2021 and shall ensure that the revised pension is also paid to the petitioner accordingly.” 3. The Petitioners have superannuated on the 30th day of June of the particular year as they were due for superannuation. For the sake of clarity, the names of the petitioners and their dates of superannuation are mentioned in a chart hereunder :- Name of the petitioners, Initial Date of Appointments, Date of Last increment & Date of superannuation of petitioners.: Sr. No. Name of the Petitioners Last date of granting annual increment Date of retirement Total Service in Month 1 Pandurang Krushna Damare 01/07/2011 31/05/2012 10 2 Angad Krushna Vidhate 01/07/2013 31/05/2014 10 Patil-SR. For the sake of clarity, the names of the petitioners and their dates of superannuation are mentioned in a chart hereunder :- Name of the petitioners, Initial Date of Appointments, Date of Last increment & Date of superannuation of petitioners.: Sr. No. Name of the Petitioners Last date of granting annual increment Date of retirement Total Service in Month 1 Pandurang Krushna Damare 01/07/2011 31/05/2012 10 2 Angad Krushna Vidhate 01/07/2013 31/05/2014 10 Patil-SR. 5 of 12 17 wp-2244-2026(c).odt 3 Shamal Dasharath Jadhav 01/07/2017 31/05/2018 10 4 Narayan Yetala Kangude 01/07/2019 31/05/2020 10 5 Dattatraya Pandhari Apune 01/07/2021 31/05/2022 10 6 Shahaji Shamrao Gatkal 01/07/2009 30/04/2010 09 7 Jarichand Genba Chaoudhari 01/07/2023 31/05/2024 10 8 Shashikant Ratan Kande 01/07/2022 31/05/2023 10 9 Tukaram Ranba Umap 01/07/2017 31/05/2018 10 10 Prakash Balbhim Vaskar 01/07/2020 31/05/2021 10 11 Dattatrya Dnyandev Doltode 01/07/2023 31/05/2024 10 12 Vasant Chandrasen Umap 01/07/2024 31/05/2025 10 13 Tai Ramdas Jadhav 01/07/2023 31/05/2024 10 14 Navanath Bhagwan Pawar 01/07/2011 31/05/2012 10 15 Murlidhar Bhikaji Khartmal 01/07/2010 31/05/2011 10 16 Bebi Kashinath Mangalkar 01/07/2020 31/05/2021 10 17 Subhash Sopan Ukirde 01/07/2007 31/05/2008 10 18 Laxman Bhagwan Bodhale 01/07/2010 31/03/2011 08 19 Pandurang Dnyandev Waghmode 01/07/2023 31/05/2024 10 20 Anjalidevi Jaganath Zadbhuke 01/07/2020 30/04/2021 09 21 Angha Arun Ramdasi 01/07/2017 31/05/2018 10 22 Sandipan Bhagwan Ghayatidak 01/07/2007 31/05/2008 10 23 Appasaheb Sandipan Pisal 01/07/2021 31/05/2022 10 24 Bansilal Rahiman Mujawar 01/07/2016 31/05/2017 10 25 Bhagwan Ramling Langote 01/07/2006 31/05/2007 10 26 Annasaheb Raghunath Aaglave 01/07/2014 31/05/2015 10 27 Suresh Ganpati Yadav 01/07/2019 31/05/2020 10 28 Mohan Eknath More 01/07/2019 31/05/2020 10 29 Dnyaneshwar Rama Doke 01/07/2015 31/05/2016 10 30 Dilipkumar Trimbak Giram 01/07/2016 30/04/2017 09 31 Gaoutam Balbhim Kashid 01/07/2010 31/05/2011 10 32 Dadasaheb Ambir Pathan 01/07/2006 31/05/2007 10 33 Subhas Dnyandev Mule 01/07/2019 31/05/2020 10 34 Tukaram Manohar Mule 01/07/2013 31/05/2014 10 35 Chandrakant Murlidhar Thombre 01/07/2017 31/05/2018 10 36 Achyut Shivaji Jagdale 01/07/2015 31/05/2016 10 37 Ghokulnand Anant Gambhire 01/07/2017 31/05/2018 10 38 Angad Ganpati Gawali 01/07/2010 31/05/2011 10 39 Suman Bhimrao Mali 01/07/2015 31/05/2016 10 40 Aaoudumbar Manohar Gidde 01/07/2015 31/05/2016 10 41 Gorakh Madhav Bhoskar 01/07/2014 31/05/2015 10 42 Navnath Sopan Burgute 01/07/2013 31/05/2014 10 43 Khandu Uttreshwar Ghodake 01/07/2010 31/05/2011 10 44 Dnyandev Vithoba Pawar 01/07/2014 31/05/2015 10 45 Damodhar Uddhav Jambale 01/07/2020 31/05/2021 10 46 Dashrath Santram Mali 01/07/2018 31/05/2019 10 47 Rohidas Keru Adsul 01/11/2006 31/05/2007 06 Patil-SR. 6 of 12 17 wp-2244-2026(c).odt 48 Pandit Gajanan Kashid 01/07/2009 31/05/2010 10 49 Bharat Ambarushi Deshmukh 01/07/2022 31/05/2023 10 50 Shantabai Bapurao Barade 01/07/2019 31/05/2020 10 51 Shankar Ramling Garad 01/07/2024 31/05/2025 10 52 Dattatraya Shripati Gawali 01/07/2019 30/04/2020 09 53 Vasudev Changdev More 01/07/2013 31/05/2014 10 54 Tatya Sukhadev Kamble 01/07/2024 31/05/2025 10 55 Dasharat Haridas Argade 01/07/2017 31/05/2018 10 56 Sunita Agatrao Thakare 01/07/2024 31/05/2025 10 57 Ashok Tukaram Kshirsagar 01/07/2014 31/05/2015 10 58 Laxman Abhimanyu Kashid 01/07/2015 31/05/2016 10 59 Babusha Sopan Thite 01/07/2020 31/05/2021 10 60 Kamal Kundlik Burgute 01/07/2018 31/05/2019 10 61 Ranjana Narhari Ghodake 01/07/2019 31/05/2020 10 62 Shrihari Dadarao Gaikawad 01/07/2020 31/05/2021 10 63 Bhaurao Lahu More 01/07/2022 31/05/2023 10 64 Bhau Bhimrao Masal 01/07/2022 31/05/2023 10 65 Arun Keshav Jadhavar 01/07/2022 31/05/2023 10 66 Bhaskar Pandhari Kakade 01/07/2021 31/05/2022 10 67 Asha Vitthal Raut 01/07/2016 31/03/2017 08 68 Baliram Dagadu Mastud 01/07/2007 31/05/2008 10 69 Bibhisan Shankar Thite 01/07/2022 31/05/2023 10 70 Laxman govind Kashid 01/07/2009 31/05/2010 10 71 Bhimrao Rangnath Ghemad 01/07/2009 31/05/2010 10 72 Shashikant Sadashiv Basangoundar 01/07/2022 31/03/2023 08 73 Bhaskar tukaram Dhakne 01/07/2022 31/05/2023 10 74 Vijaya Shivaji Patil 01/07/2019 31/05/2020 10 75 Vasudev Ramling Gadekar 01/07/2007 31/05/2008 10 76 Prakash Mahadev Kharat 01/07/2014 31/05/2015 10 77 Appasaheb Limbraj Damare 01/07/2014 31/05/2015 10 78 Chitra Aatmaram Ukirde 01/07/2024 31/03/2025 10 79 Nanasaheb Sarjerao Karande 01/07/2021 28/02/2022 07 80 Navnath Bhagwan Mundhe 01/07/2020 31/05/2021 10 81 Vishambhar Arjun Jadhavar 01/07/2024 31/03/2025 10 82 Laxman Rajaram Sankpal 01/07/2013 31/03/2014 08 83 Pandurang Namdev Gore 01/07/2006 28/02/2007 07 84 Suman Rajabhau Ratanparkhi 01/07/2023 31/05/2024 10 85 Shobha Samrao Savant 01/07/2018 30/04/2019 09 86 Subhas Baburao Jambhale 01/07/2016 31/05/2017 10 87 Naushad Shadula Patan 01/07/2019 30/04/2020 09 88 Ankush Dharma Lade 01/07/2013 31/05/2014 10 89 Baburao Ramchandra Late 01/07/2015 31/05/2016 10 90 Late. Dadarao Rangnath Jangale Shardha Dadarao Jangale 01/07/2011 31/05/2012 10 91 Late. Madhukar Ambarushi Ukirde Shanta Madhukar Ukirde 01/07/2016 31/05/2017 10 Patil-SR. 7 of 12 17 wp-2244-2026(c).odt 92 Late. Mahadev Namdev Khaladkar Parvati Mahadev Khaladkar 01/07/2009 31/05/2010 10 93 Late Rameshwar Shrihari Lande Shobha Rameshwar Lande 01/07/2022 26/03/2023 08 94 Late. Vishawanath Hudaji Lande Shila Vishawanath Lande 01/07/2020 31/05/2021 10 95 Late Bharat Kisan Aagale Anjali Bharat Aagale 01/07/2013 31/05/2014 10 96 Late. Kalyan Ambrushi Ukirde Binadev Kalyan Ukirde 01/07/2020 09/05/2021 09 97 Late. Babasaheb Bhujang Kashid Minakshi Babasaheb Kashid 01/07/2020 12/04/2021 09 98 Late. Ganesh Bapurao Narkhedkar Madhuri Ganesh Narkhedkar 01/07/2024 13/03/2025 08 4. It is undisputed that the recommendations under the 6th Pay Commission altered the date on which the annual increment would have become payable, which was normally payable after putting in 12 months in continuous service preceding the date of reference and fixed the 1st day of July of each year. Prior thereto, the employees like these petitioners used to earn their annual increment by calculating 12 calendar months from the dates of their appointment for each succeeding year. As such, the reference period of 12 months for calculating the annual increment, was a period of 12 calendar months in each succeeding year from the date of appointment. For example, if person ‘A’ was appointed on 1st March, 2000, he would complete 12 months in employment on 28th February 2001. He, therefore, earned Patil-SR. 8 of 12 17 wp-2244-2026(c).odt his annual increment on 1st March, 2001 for the work done in 12 calendar months preceding 1st March. This was the pattern of earning annual increments after 12 months in employment in each year. 5. By the recommendations of 6th Pay Commission, uniformity was decided to be introduced and 1st of July of each year was considered to be the date on which the annual increment, for having worked for 12 calendar months preceding 1st July, would be payable. Consequentially, for the work performed in 12 calendar months till 30th June, the said employee would earn the annual increment on 1st July of the said year. It is in these peculiar circumstances that, these petitioners are before us, after having superannuated on 30th June of their respective year set out in the chart For example, if person ‘A’ had retired on 30th June, 2021, he would have earned the annual increment which became payable to him on 01.07.2021. As he superannuated on 30th June, 2021, he was not granted the notional benefit of the increment which would have been payable to him on 01.07.2021 for the work performed from 01.07.2020 to 30.06.2021. 6. It is in these circumstances, that we found that the Patil-SR. 9 of 12 17 wp-2244-2026(c).odt judgment delivered by the learned Division Bench of the Madras High Court in P.Ayyamperumal (supra), was an appropriate view. We delivered an order on 24th June, 2021 in Prakash Tulshiram Chaudhari (supra). The judgment of the Madras High Court in P.Ayyamperumal (supra) was challenged by the Union of India and others in Special Leave Petition (Civil) Diary No.22283/2018. By order dated 23.07.2018, the Hon’ble Supreme Court declined to interfere with the impugned judgment of the Madras High Court and dismissed the Special Leave Petition. Similarly, to the challenge to our order dated 24th June, 2021 in Prakash Tulshiram Chaudhari (supra), the Hon’ble Supreme Court dismissed the Special Leave Petition on 12.01.2022. 7. In view of the above, this Writ Petition is allowed. 8. Considering the dates of superannuation of these petitioners as being 30th June of the respective years, we hold that the increment payable to them on 1st July of the concerned year, after 2006, would be reckoned with for notionally calculating the pensionary benefits, which would have been payable to them from 1st July, but for their superannuation on 30th of June. This notional Patil-SR. 10 of 12 17 wp-2244-2026(c).odt inclusion of the annual increment would be considered for calculating their pension, gratuity, earned leave, commutation benefits, etc. 9. The learned Advocate for the Petitioners have prayed for entire arrears from their dates of superannuation. The chart referred to below paragraph 4 indicates that some of the petitioners have superannuated in 2007. Some have superannuated in between 2008 and 2021. It is conceded that none of these Petitioners have prayed for arrears of such addition of annual increments from the dates of their superannuation, in the Petition. 10. It is quite apparent that the judgment delivered by the Madras High Court in P.Ayyamperumal (supra), became a cause for these Petitioners to approach this Court. None of them had challenged the non-inclusion of the annual increment in their pensionary benefits for calculation purposes, when they superannuated on 30th June of a particular year. As the judgment delivered in P. Ayyamperumal (supra) became known to all, that these Petitioners have approached this Court. Some of the Petitioners have superannuated in between 2016 and 2021. Patil-SR. 11 of 12 17 wp-2244-2026(c).odt 11. Considering these aspects, we are of the view that the arrears of such benefits as granted by us in paragraph 9 hereinabove, could be restricted for a reasonable period. As such, these Petitioners would be entitled for the arrears of such benefits for a period of three years preceding the dates of their superannuation or as per actuals, which ever is less. We direct the payment of such arrears accordingly and expect such payment to be made to these Petitioners, on or before 30/11/2026. (NANDESH S. DESHPANDE, J.) (ACTING CHIEF JUSTICE) Patil-SR. 12 of 12