GOVIND GUNDOPANT SONAR v. THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND
Case Details
- 1 - IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 907 WRIT PETITION NO.1881 OF 2023 GOVIND GUNDOPANT SONAR VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 908 WRIT PETITION NO.1904 OF 2023 NAGESH RAMGOPAL LOHIYA AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 910 WRIT PETITION NO.3961 OF 2020 KALYAN MAHALINGAPPA KONALE AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 911 WRIT PETITION NO.3990 OF 2020 PRATAP GANPATRAO BHANDE AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 912 WRIT PETITION NO.3996 OF 2020 RAJKUMAR SITARAM GANDLE AND ANOTHER VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 914 WRIT PETITION NO.1866 OF 2023 DATTATRAY SITARAMJI GAIKWAD VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL khs/Feb.2023/1881 - 2 - SECRETARY AND OTHERS AND 916 WRIT PETITION NO.1873 OF 2023 PRAKASH RAMRAO JOSHI VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 917 WRIT PETITION NO.1874 OF 2023 SHAHADEV BABURAO WADMARE VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 918 WRIT PETITION NO.1875 OF 2023 NARSING VANKATRAO GADGE VERSUS THE STATE OF MAHARASHTRA THROUGH THE PRINCIPAL SECRETARY AND OTHERS AND 919 WRIT PETITION NO.1876 OF 2023 GAUTAM LAXMANRAO PANDIT VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 920 WRIT PETITION NO.1877 OF 2023 AZIMUDDIN YAMIZUDDIN AMBEKAR VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 921 WRIT PETITION NO.1878 OF 2023 INDRAJIT SHYAMSING THAKUR khs/Feb.2023/1881 - 3 - VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 922 WRIT PETITION NO.1879 OF 2023 NARAYAN BHIMRAO NIKAM VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 923 WRIT PETITION NO.1882 OF 2023 SANJAY SOPANRAO CHAME VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 924 WRIT PETITION NO.1883 OF 2023 DNYANOBA GANPATRAO GAIKWAD VERSUS THE STATE OF MAHARASHTRA THROGUH ITS PRINCIPAL SECRETARY AND OTHERS AND 925 WRIT PETITION NO.1884 OF 2023 VINOD BAJIRAO SHINDE VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 926 WRIT PETITION NO.1885 OF 2023 RAMAKANT LINGAPPA PUNE VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 927 WRIT PETITION NO.1886 OF 2023 khs/Feb.2023/1881 - 4 - ANAND RANGNATHRAO JADHAV VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 928 WRIT PETITION NO.1887 OF 2023 GOVIND RAMREDDY GUJE VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 929 WRIT PETITION NO.1889 OF 2023 PANDIT GULABRAO SHISODE VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 930 WRIT PETITION NO.1891 OF 2023 MAHAVIR BAJIRAO KSHIRSAGAR VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 931 WRIT PETITION NO.1894 OF 2023 LAXMAN EKNATH POPALE VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 932 WRIT PETITION NO.1895 OF 2023 FULCHAND EKNATHRAO JADHAV VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS khs/Feb.2023/1881 - 5 - AND 933 WRIT PETITION NO.1896 OF 2023 YUVRAJ VISHWANATH MUMANE VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 934 WRIT PETITION NO.1897 OF 2023 SITARAM MADHUKAR CHAVAN VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 935 WRIT PETITION NO.1898 OF 2023 JAYWANT DATTATRAY JADHAV VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 936 WRIT PETITION NO.1900 OF 2023 SHAIKH RAFIQ AHMAD MD KAUSAR VERSUS THE STATE OF MAHARASHTRA THROGUH ITS PRINCIPAL SECRETARY AND OTHERS AND 937 WRIT PETITION NO.1902 OF 2023 VASANT NAGNATH GADEKAR VERSUS THE STATE OF MAHARASHTRA THROGUH ITS PRINCIPAL SECRETARY AND OTHERS AND 938 WRIT PETITION NO.1906 OF 2023 SURESH KISHANRAO TANDALE VERSUS khs/Feb.2023/1881 - 6 - THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 939 WRIT PETITION NO.1907 OF 2023 DILIP GITARAM ANARTHE AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 941 WRIT PETITION NO.1910 OF 2023 BABASAHEB RAGHUNATH HARKAL VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 942 WRIT PETITION NO.1911 OF 2023 NARAYAN GANPATRAO KULKARNI VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 943 WRIT PETITION NO.1913 OF 2023 RAM GANGADHAR SAKHARE VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 944 WRIT PETITION NO.1916 OF 2023 NAMDEO MAHADEORAO CHATE VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 945 WRIT PETITION NO.1917 OF 2023 khs/Feb.2023/1881 - 7 - WAMAN RAMRAO SABALE VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 946 WRIT PETITION NO.1918 OF 2023 CHANDRASHEKHAR MANOHARRAO GHOGARE VERSUS THE STATE OF MAHARASHTRA THROGUH ITS PRINCIPAL SECRETARY AND OTHERS AND 947 WRIT PETITION NO.1919 OF 2023 SIDDHARTH PUNDLIK PATODE VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 948 WRIT PETITION NO.1920 OF 2023 MEGHA MADHUKAR PANGAL VERSUS THE STATE OF MAHARASHTRA THROGUH ITS PRINCIPAL SECRETARY AND OTHERS AND 949 WRIT PETITION NO.1921 OF 2023 RAMDAS HARIBHAU GOTE VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 950 WRIT PETITION NO.1922 OF 2023 VISHAWAMBHAR SHIVAPPA WANKHEDE VERSUS THE STATE OF MAHARASHTRA THROGUH ITS PRINCIPAL SECRETARY AND OTHERS AND khs/Feb.2023/1881 - 8 - 951 WRIT PETITION NO.1923 OF 2023 GUNDERAO DAULATRAO GAIKWAD VERSUS THE STATE OF MAHARASHTRA THROGUH ITS PRINCIPAL SECRETARY AND OTHERS AND 952 WRIT PETITION NO.1924 OF 2023 KESHARSINH RATANSINH BAGERIYA VERSUS THE STATE OF MAHARASHTRA THROGUH ITS PRINCIPAL SECRETARY AND OTHERS AND 953 WRIT PETITION NO.1925 OF 2023 ARAB AHAMAD TALABSAHEB VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 954 WRIT PETITION NO.1926 OF 2023 PARMESHWAR TATYARAO DAWARE VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 955 WRIT PETITION NO.1927 OF 2023 SHYAMRAO RAMRAO TAMBOLKAR VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS
Legal Reasoning
Mr.A.T.Kanawade, Mr.A.N.Sabnis, Mr.S.K.Mathpati, Advocate for the petitioners in respective petitions. Mr.V.M.Kagne, Mr.P.S.Patil, Mr.S.K.Tambe, Mr.S.G.Sangle, AGP for the respondent/State. Mr.S.R.Yadav - Lonikar, Advocate for respondent Nos.3 to 6 in WP khs/Feb.2023/1881 - 9 - No.1876/2023 and WP No.1889/2023. Mr.B.B.Bhise, Advocate for respondent Nos. 3 to 5 in WP No.1926/23. Mr.S.B.Ghute, Advocate for respondent Nos. 3 to 6 in WP No.1919/2023 and 1921/2023. Mr.C.K.Shinde, Advocate for respondent No.3 in WP No.1896/2023. Mr.S.S.Tope, Advocate for the respondent/Z.P.Jalna No.1916/2023. Mr.V.C.Patil h/f Mr.U.B.Bondar, Advocate for respondent Nos. 3 to 6 in WP Nos.1875/2023, 1877/2023, 1879/2023, 1882/2023, 1883/2023, 1884/2023, 1885/2023, 1891/2023, 1897/2023, 1902/2023, 1907/2023, 1910/2023, 1913/2023, 1920/2023, 1922/2023, 1923/2023, 1927/2023. Mr.S.B.Pulkundwar, Advocate for respondent Nos. 3 to 7 in WP No.1873/2023, and for respondent Nos. 3 to 6 in WP Nos. 1887/2023 and 1918/2023. in WP ( CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.) DATE : FEBRUARY 16, 2023 PER COURT : 1. In all 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 one day after their superannuation. 2. 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 khs/Feb.2023/1881 - 10 - Tulshiram Chaudhari Vs. State of Maharashtra and others. This order was assailed by the State of Maharashtra before the Hon’ble Supreme Court of 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.
Decision
Pending application also stands disposed of.” 3. This Court had referred to 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, in the 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 khs/Feb.2023/1881 - 11 - brought uniformity in the payment of annual increments. There is no dispute 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 khs/Feb.2023/1881 - 12 - 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 (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. 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 khs/Feb.2023/1881 - 13 - 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 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. 4. In all these matters, all these petitioners have superannuated on the 30th day of June of the particular years, as they were due for khs/Feb.2023/1881 - 14 - 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 their appointments, Date of last increment & Date of superannuation of petitioners W.P.No. Sr. No Name Petitioners of the Date of Appointme nt Date of Last increment Date of Superannua tion /Retiremen t 30.06.2007 13.07.1971 01.07.2006 15.02.1985 01.07.2018 30.06.2019 07.05.1986 01.07.2020 30.06.2021 04.06.1983 01.07.2018 30.06.2019 08.11.1982 01.07.2017 30.06.2018 02.08.1984 01.07.2017 30.06.2018 07.05.1986 01.07.2020 30.06.2021 03.06.1983 01.07.2018 30.06.2019 10.06.1983 01.07.2019 30.06.2020 02.06.1983 01.07.2018 30.06.2019 08.11.1982 01.07.2018 30.07.2019 15.01.1985 01.07.2017 30.06.2018 16.01.1985 01.07.2017 30.06.2018 09.04.1986 01.07.2017 30.06.2018 18.08.1983 01.07.2017 30.06.2018 1. 2. WP No. 1881/2023 (Solapur) WP No. 1904/2023 (Beed) Govind Gundopant Sonar 1. Ramgopal Lohiya Nagesh Saheb Prabhu Ramling Vithalrao Chandrakant 2. Laxmanrao Musle 3.Vilas Zirmire 4. Limbajirao Gitte 5. Baburao Narayan Raut 6. Nagnathappa Thonte 7. Kashinath Mule 8. Narayan Namdev Dange 9. Vaijnath Mule 10. Pandurang Deshmukh 1. Mahalingappa Konale 2. Zatingrao Gaikwad 3. Ashok Govindrao Nanajkar 4. Bapurao Guruling Ambadas Rajendra Ramesh Kallyan 3. WP No. 3961/2020 khs/Feb.2023/1881 - 15 - 01.12.1989 01.07.2017 30.06.2018 24.02.1986 01.07.2016 30.06.2017 24.02.1986 01.07.2015 30.06.2016 16.01.1985 01.07.2015 30.06.2016 18.01.1985 01.07.2018 30.06.2019 01.08.1983 01.07.2018 30.06.2019 28.08.1989 01.07.2020 30.06.2021 25.08.1990 01.07.2020 30.06.2021 08.04.1986 01.07.2015 30.06.2016 10.12.1986 01.07.2020 30.06.2021 23.12.1983 01.07.2020 30.06.2021 02.01.1986 01.07.2019 30.06.2020 03.08.1982 01.07.2014 30.06.2015 23.01.1984 01.07.2018 30.06.2019 01.11.1984 01.07.2019 30.06.2020 01.07.1989 01.07.2020 30.06.2021 06.11.1973 01.07.2008 30.06.2009 01.08.1989 01.07.2020 30.06.2021 22.02.1985 01.07.2021 30.06.2022 01.07.1989 01.07.2020 30.06.2021 21.01.1988 01.07.2019 30.06.2020 30.07.1984 01.07.2019 30.06.2020 04.04.1979 01.07.2015 30.06.2016 Keshav Sitaram Rajkumar Shaikh Ismail Suryawanshi 5. Dilip Atmaram Rathodkar 1. Pratap Ganpatrao Bhande 2. Pandurang Rajure 3. Shaikh Ibrahim 1. Sitaram Gandle 2. Ganpatrao Solanke Yuvraj Vishwanath Mumane Dattatraya Sitaramji Gaikwad Prakash Ramrao Joshi Shahadev Baburao Wadmare Narsing Vankatrao Gadge Gautam Laxmanrao Pandit Azimuddin Tamizuddin Ambekar Indrajit Thakur Narayan Bhimrao Nikam Sanjay Sopanrao Chame Dnyanoba Ganpatrao Gaikwad Vinod Bajirao Shinde Ramakant Lingappa Pune Anand Rangnathrao Jadhav Govind Ramreddy Guje Pandit Shisode Mahavir Kshirsagar Gulabrao Shamsing Bajirao 4. 5. 6. 7. 8. 9. WP No. 3990/2020 WP No. 3996/2020 WP No. 1896/2023 WP No. 1866/2023 WP No. 1873/2023 WP No. 1874/2023 10. WP No. 1875/2023 11. WP No. 1876/2023 12. WP No. 1877/2023 13. WP No. 1878/2023 14. WP No. 1879/2023 15. WP No. 1882/2023 16. WP No. 1883/2023 17. WP No. 1884/2023 18. WP No. 1885/2023 19. WP No. 1886/2023 20. WP No. 1887/2023 21. WP No. 1889/2023 22. WP No. 1891/2023 khs/Feb.2023/1881 s/o Eknath Balu Narhari Dilip Gitaram Laxman Popale Fulchand Eknathrao Jadhav Sitaram Madhukar Chavan Jaiwant Dattatray Jadhav Shaikh Rafikh Ahmed Moh.Kausar Vasant Nagnath Gadekar Suresh Kishanrao Tandale 1. Anarthe 2. Prakash Eknath Bargal 3. Warkad Babasaheb Raghunath Harkal Narayan Ganpatrao Kulkarni Ram Gangadhar Sakhare Namdeo Mahadeorao Chate Waman Sabale Chandrashekhar Manoharrao Ghogare Siddharth Pundlik Patode Megha Madhukar Pangal Ramdas Haribhau Gote Vishwambhar Shivappa Wankhede Gunderao Daulatrao Gaikwad Kesharsinh Ratansinh Bageriya Arab Ahemad Talebsab Parmeshwar Ramrao 23. WP No. 1894/2023 24. WP No. 1895/2023 25. WP No. 1897/2023 26. WP No. 1898/2023 27. WP No. 1900/2023 28. WP No. 1902/2023 29. WP No. 1906/2023 30. WP No. 1907/2023 31. WP No. 1910/2023 32. WP No. 1911/2023 33. WP No. 1913/2023 34. WP No. 1916/2023 35. WP No. 1917/2023 36. WP No. 1918/2023 37. WP No. 1919/2023 38. WP No. 1920/2023 39. WP No. 1921/2023 40. WP No. 1922/2023 41. WP No. 1923/2023 42. WP No. 1924/2023 43. WP No. 1925/2023 44. WP No. khs/Feb.2023/1881 - 16 - 23.09.1992 01.07.2021 30.06.2022 14.08.1986 01.07.2017 30.06.2018 10.12.1981 01.07.2019 30.06.2020 01.08.1992 01.07.2019 30.06.2020 01.07.1991 01.07.2021 30.06.2022 12.02.1988 01.07.2020 30.06.2021 08.07.1991 01.07.2020 30.06.2021 05.03.1982 01.07.2019 30.06.2020 02.11.1984 01.07.2019 30.06.2020 08.10.1984 01.07.2019 30.06.2020 08.01.1986 01.07.2021 30.06.2022 03.12.1988 01.07.2012 30.06.2013 22.02.1985 01.07.2020 30.06.2021 03.08.1982 01.07.2019 30.06.2020 01.08.1979 01.07.2011 30.06.2012 02.08.1989 01.07.2020 30.06.2021 14.11.1987 01.07.2020 30.06.2021 17.09.1985 01.07.2019 30.06.2020 12.12.1990 01.07.2020 30.06.2021 18.07.1991 01.07.2019 30.06.2020 01.03.1992 01.07.2020 30.06.2021 06.08.1985 01.07.2017 30.07.2018 11.06.1990 01.07.2019 30.06.2020 29.09.1993 01.07.2021 30.06.2022 - 17 - 1926/2023 45. WP No. 1927/2023 Tatyarao Daware Shyamrao Ramrao Tambolkar 24.07.1991 01.07.2020 30.06.2021 5. 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 12 months in continuous service preceding the date of reference and fixed the 1 st 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 appointments 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 1 st March, 2000, he would complete 12 months in employment on 28th February 2001. He, therefore, earned his annual increment on 1st March, 2001 for the work already done in the 12 calendar months preceding 1st March. This was the pattern of earning annual increments after 12 months in employment, in each year. 6. By the recommendations of the 6th Pay Commission, uniformity was decided to be introduced and 1st of July of each year was khs/Feb.2023/1881 - 18 - 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 30 th June, the said employee would earn the annual increment on 1 st 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. 7. It is, in this circumstances, we found that the judgment delivered by the learned Division Bench of the Madras High Court in P. Ayyamperumal (supra) was the correct legal position. 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 khs/Feb.2023/1881 - 19 - 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. 8. In view of the above, these Writ Petitions are allowed. 9. 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 inclusion of the annual increment would be considered for re-calculating their pension, gratuity, earned leave, commutation benefits, etc. 10. The learned Advocates for the petitioners have prayed for entire arrears from their dates of superannuation. The chart referred to in paragraph 4 indicates that the petitioners have superannuated in different years, from 2006 onwards. khs/Feb.2023/1881 - 20 - 11. 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. 12. 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 writ petitions 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, within 120 days. 13. We find that ever since the Madras High Court has delivered the judgment in P. Ayyamperumal Vs. The Registrar, Central Administrative Tribunal and others, dated 24.06.2021, similar matters were being filed khs/Feb.2023/1881 - 21 - all over India in different State High Courts. Before this Court [Coram : Ravindra V. Ghuge and A.G.Gharote, JJ.] Writ Petition No.6396/2020 filed by Prakash Choudhary Vs. The State of Maharashtra and others was decided by order dated 24.06.2021. This order was sustained by the Hon’ble Supreme Court in the Special Leave to Appeal (Civil) No.206/2022 filed by the State of Maharashtra and by order dated 12.01.2022, and the SLP was dismissed. 14. Pursuant to the above, there have been hundreds of cases filed in this Court and we have been repeatedly passing identical orders in all such cases. Though there is a judicial pronouncement by interpreting the Law applicable, in the peculiar facts of such cases, neither the establishments are initiating steps to dig out such remaining cases of employees who have not approached the High Court, nor are they appealing to the retired employees to come forward and apply for such benefits. If either of these is done, the litigants like these petitioners would be saved of spending time, energy and money. Filing identical cases for different employees day in and day out, not only increases the litigation pressure on the Court, but also on the lawyers. Moreover, pensioners who are senior citizens and who have retired a decade or 15 khs/Feb.2023/1881 - 22 - years ago, are also required to file such petitions before the High Court. We, therefore, find it appropriate to order as under :- [a] We direct the Chief Secretary of the State of Maharashtra and Principal Secretary (Finance Department), State of Maharashtra, to issue appropriate directions to all the concerned departments to appeal to such candidates, who fall in such category having retired on 30th June of the particular years and who have earned the annual increment on account of performing work for 12 months ending on 30th June, to tender their applications to the concerned Authorities. [b] After such applications are received, the concerned authorities would grant the reliefs as are being granted by the various High Courts by restricting the arrears of payments to 3 years preceding the dates of the applications or preceding the date of actual retirement as per actuals, whichever is less. With these guidelines, the concerned authorities shall not reject a single application if it fits into the parameters of the judgments delivered by this Court. [c] In the alternative, let the concerned authorities suo-moto dig out such cases and after scrutinizing the same as regards their entitlment, proceed to grant the benefits as per the judgments of this court, within 120 days. [d] While undertaking the above exercise, the gratuity/pay fixation/ pension will be re-calculated, so as to be paid to the candidates with arrears as directed above. ( SANJAY A. DESHMUKH, J. ) ( RAVINDRA V. GHUGE, J.) khs/Feb.2023/1881