*1* 72-wp-10146-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 72 WRIT PETITION NO. 10146 OF 2026 Ramkrushna Shaurao Misal And Others VERSUS The State Of Maharashtra Through Its Chief Secretary And Others ... Mr. Ankush N. Nagargoje, Advocate for the Petitioners Mr. N. S. Tekale, AGP for Respondents/State ... CORAM : NITIN B. SURYAWANSHI & ABASAHEB D. SHINDE, JJ. DATE : 18th AUGUST 2026 P. C. :- 1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties. 2. The Petitioners have put forth prayer Clauses (A), (B), (C) and (D) as under : “A) For a writ of mandamus, Order or direction in the nature of mandamus, directing the respondents/concerned authorities to give the Last Annual Increments to the petitioners on the ground that the petitioners have rendered more than six months service in the last year of their retirement. B) For a writ of mandamus, Order or direction in the nature of mandamus, directing the respondents/concerned authorities to re- calculate the retirement benefits by including last annual increments and to pay all the retirement benefits to the petitioners along with arrears within a such stipulated period as this Hon’ble Court may deem, fit and proper. C) Pending hearing and the final disposal of the present Writ Petition, the respondents/concerned authorities may kindly be directed to re- calculate the retirement benefits of the petitioners by giving last annual increments to the petitioners and pay all retirement benefits forthwith.” Narwade *2* 72-wp-10146-2026 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. 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. 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. Mundinamani1, and it was concluded that the said increment is earned by an employee for working Narwade *3* 72-wp-10146-2026 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, this Petition is partly allowed with the following directions:- (a) The Petitioners would be entitled for monetary benefits/difference of pensionary benefits as per the actuals w.e.f. their respective dates of superannuation, provided they have worked for 6 months or more in the last year up to their superannuation. Narwade *4* 72-wp-10146-2026 (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. 8. At this stage, learned Advocate for the petitioners submits that some of the petitioners are granted the benefits of one notional increment by the learned District Judge, if that is so, this order would not be applicable to all those petitioners who have already received the benefits. (ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.) Narwade