MOHAMMAD YUNUS SHARIF SHAIKH v. THE STATE OF MAHARASHTRA, THROUGH THE PRINCIPAL SECRETARY AND OTHERS
Case Details
1 907-917 WP.1572.2023 ORS.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. 907 WRIT PETITION NO.1572 OF 2023 MOHAMMAD YUNUS SHARIF SHAIKH VERSUS THE STATE OF MAHARASHTRA, THROUGH THE PRINCIPAL SECRETARY AND OTHERS Advocate for Petitioner : Mr. Abhishek C. Deshpande. AGP for Respondent/State: Mr. S. G. Karlekar. ... … AND 908 WRIT PETITION NO.1573 OF 2023 KALEEMUDDIN AZIZUDDIN VERSUS THE STATE OF MAHARASHTRA, THROUGH THE PRINCIPAL SECRETARY AND OTHERS Advocate for Petitioner : Mr. Abhishek C. Deshpande. AGP for Respondent/State: Mr. S. G. Sangle. ... … AND 909 WRIT PETITION NO.1582 OF 2023 SHAIKH ZAKIRUDDIN ISHAQUDDIN AND OTHERS VERSUS THE STATE OF MAHARASHTRA, THROUGH THE PRINCIPAL SECRETARY AND OTHERS
Legal Reasoning
Advocate for Petitioners : Mr. Abhishek C. Deshpande. AGP for Respondent/State: Mr. V. M. Kagne. ... … AND 910 WRIT PETITION NO.1583 OF 2023 DINKAR MAHARU MAHAJAN VERSUS THE STATE OF MAHARASHTRA, THROUGH ITS SECRETARY AND OTHERS 907-917 WP.1572.2023 ORS.odt 2 ... Advocate for Petitioner : Mr. Sandeep B. Sontakke. AGP for Respondent/State: Mr. S. K. Tambe. … AND 911 WRIT PETITION NO.1584 OF 2023 PATHAN AHMAD KHAN MIYAN KHAN AND OTHERS VERSUS THE STATE OF MAHARASHTRA, THROUGH THE PRINCIPAL SECRETARY AND OTHERS Advocate for Petitioners : Mr. Abhishek C. Deshpande. AGP for Respondent/State: Mr. S. G. Karlekar. ... … AND 912 WRIT PETITION NO.1585 OF 2023 MAHADU SANDU BANGALE VERSUS THE STATE OF MAHARASHTRA, THROUGH ITS SECRETARY AND OTHERS Advocate for Petitioners : Mr. Sandeep B. Sontakke. AGP for Respondent/State: Mr. S. G. Sangle. ... … AND 913 WRIT PETITION NO.1586 OF 2023 ASHOK FULCHAND MORE AND ANOTHER VERSUS THE STATE OF MAHARASHTRA, THROUGH ITS SECRETARY AND OTHERS Advocate for Petitioners : Mr. Sandeep B. Sontakke. AGP for Respondent/State: Mr. V. M. Kagne. ... … 3 AND 907-917 WP.1572.2023 ORS.odt 914 WRIT PETITION NO.1587 OF 2023 ISMAIL SHAIKH S/O SHAIKH BURHAN AND ANOTHER VERSUS THE STATE OF MAHARASHTRA, THROUGH ITS SECRETARY AND OTHERS Advocate for Petitioners : Mr. Sandeep B. Sontakke. AGP for Respondent/State: Mr. S. K. Tambe. ... … AND 915 WRIT PETITION NO.1588 OF 2023 JAGDISHCHANDRA S/O GULABCHAND VARMA VERSUS THE STATE OF MAHARASHTRA, THROUGH ITS SECRETARY AND OTHERS Advocate for Petitioners : Mr. Sandeep B. Sontakke. AGP for Respondent/State: Mr. S. G. Karlekar. ... … AND 916 WRIT PETITION NO.1589 OF 2023 SHASHIKMUAR RAMRAO DESHPANDE AND OTHERS VERSUS THE STATE OF MAHARASHTRA, THROUGH ITS SECRETARY AND OTHERS Advocate for Petitioners : Mr. Sandeep B. Sontakke. AGP for Respondent/State: Mr. S. G. Sangle. ... … AND 917 WRIT PETITION NO.1592 OF 2023 DR. KARUNA BHIVAJI GHOBLE VERSUS THE STATE OF MAHARASHTRA, THROUGH THE PRINCIPAL SECRETARY AND OTHERS 4 ... 907-917 WP.1572.2023 ORS.odt Advocate for Petitioner : Mr. Abhishek C. Deshpande. AGP for Respondent/State: Mr. V. M. Kagne. ... CORAM : RAVINDRA V. GHUGE & SANJAY A. DESHMUKH, JJ. DATE : 09th February, 2023. Per Court: 1. In these petitions, 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 on the last day before their superannuation, on completion of one year service. 2. 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 the chart hereunder :- Sr. No. Writ Petition No. Name 1 2 3 4 5 6 1572 / 2023 Mohammad Yunus Sharif Shaikh 1573 / 2023 Kaleemuddin Azizuddin 1582 / 2023 Shaikh Zakiruddin Ishaquddin 1582 / 2023 Siddiqui Altaf Mohiuddin Siddiqui Md. Ghousuddin 1582 / 2023 Anees Jahan Abdul Wahab 1583 / 2023 Dinkar Maharu Mahajan Date of retirement 30.06.2019 30.06.2017 30.06.2021 30.06.2022 30.06.2021 30.06.2022 Sr. No. Writ Petition No. 5 Name 907-917 WP.1572.2023 ORS.odt Date of retirement 30.06.2019 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 1584 / 2023 Pathan Ahmad Khan Miyan Khan 1584 / 2023 Mohammad Ashfaque Shaikh Rehman 30.06.2022 1584 / 2023 Shaikh Abdul Gaffar Mohammad Subhan 30.06.2022 1585 / 2023 Mahadu Sandu Bangale 1586 / 2023 Ashok Fulchand More 1586 / 2023 Abdul Salim Abdul Raheman Shaikh 1587 / 2023 Ismail Shaikh S/o Shaikh Burhan 1587 / 2023 Padmakar S/o Rangrao Kulkarni 30.06.2011 30.06.2019 30.06.2021 30.06.2013 30.06.2020 1588 / 2023 Jagdishchandra S/o Gulabchand Varma 30.06.2010 1589 / 2023 Shashikmuar Ramrao Deshpande 1589 / 2023 Rangnath S/o Dnyanoba Ghatul 1589 / 2023 Ansari Abdul Naeem Abdul Kareem 1589 / 2023 Balasaheb S/o Shriram Shahane 1589 / 2023 Mohan S/o Balvantaro Kulkarni 1592 / 2023 Dr. Karuna Bhivaji Ghoble 30.06.2011 30.06.2016 30.06.2013 30.06.2013 30.06.2012 30.06.2022 3. The issue raised in this petition is no longer res-integra in the light of the judgment delivered by 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, which has been sustained by the Honourable Supreme Court. This Court (Coram : Ravindra V. Ghuge and Anil L. Pansare, JJ.) has also delivered the judgment dated 23.06.2022 in Writ Petition No.6256/2022 filed by Changdeo Genuji Dudhat and others vs. State of Maharashtra and others and connected petitions. We have corrected paragraph 10 of our judgment dated 23.06.2022 vide order dated 13.07.2022. 6 907-917 WP.1572.2023 ORS.odt 4. The learned AGPs strenuously submit that this Court may consider the delay and laches on the part of the petitioners in approaching this Court. They further submit that no litigant can take advantage of his own wrong. Delay and laches ought not to benefit the petitioners by grant of arrears. 5. We find that the several litigants, as like the petitioners have started approaching this Court after the judgment of the Madras High Court in P. Ayyamperumal (supra) and subsequent orders passed by the Aurangabad Bench, the Principal Seat and the Nagpur Bench. Since the judgment of the Madras High Court led to the Special Leave Petition before the Honourable Supreme Court, which settled the law on this point by sustaining the judgment of the Madras High Court, this Court has also delivered several judgments, which have also been sustained by the Honourable Supreme Court. To balance the equities, this Court has granted arrears only for 3 years from the date of the filing of the petition or as per actuals, whichever is less. 6. In view of the above, the case of the petitioners is squarely covered by the said order dated 23.06.2022 and they stand entitled for the benefits as ordered in paragraph 9 and corrected 7 907-917 WP.1572.2023 ORS.odt paragraph 10 of the order dated 23.06.2022 in Changdeo Genuji Dudhat (supra), which read as under :- “9. 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.
Decision
10. 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 filing of the writ petitions or as per actuals, whichever is less. We direct the payment of such arrears accordingly and expect such payment to be made to these petitioners, on or before 30.08.2022.” 7. 8. As such, these petitions are partly allowed. The respondents would grant benefits to the petitioners as directed in paragraphs 9 and 10 (reproduced above) of Changdeo Genuji Dudhat (supra), to be paid within 3 months from today. [ SANJAY A. DESHMUKH, J. ] [ RAVINDRA V. GHUGE, J. ] nga