BHAGWAN KAILAS PURI v. THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND WRIT PETITION NO
Case Details
(1) 969-wp-7503-2022 & ors. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7503 OF 2022 BHAGWAN KAILAS PURI VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND WRIT PETITION NO.7509 OF 2022 PRAKASH MADHUKAR KHAIRNAR VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND WRIT PETITION NO.7510 OF 2022 RAJIV WARU SAWANT VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND WRIT PETITION NO.7527 OF 2022 SHARADCHANDRA PANDITRAO BORSE VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND WRIT PETITION NO.7599 OF 2022 BHAUSAHEB ANANDA KADAM VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND WRIT PETITION NO.7643 OF 2022 ROHIDAS CHAGANRAO NIKAM AND ANOTHER VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS … (2) 969-wp-7503-2022 & ors. Mr. S. B. Sontakke, Advocate for the Petitioners. Mr. S. P. Tiwari, Mr. S. B. Yawalkar, Mr. S. G. Sangle and Mr. S. K. Tambe, AGPs for Respondents- State. … AND WRIT PETITION NO.7519 OF 2022 SHIVAJI VEDU TILEKAR VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND WRIT PETITION NO.7524 OF 2022 DHANANJAY BHAURAO SONAWANE VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND WRIT PETITION NO.7549 OF 2022 ASHOK TANAJI PATIL VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND WRIT PETITION NO.7563 OF 2022 RAJARAM BABULAL WADEKAR VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND WRIT PETITION NO.7572 OF 2022 RAJENDRA PURUSHOTTAM PATIL VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND WRIT PETITION NO.7576 OF 2022 SAMBHAJI VIKRAM PAWAR VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS … (3) 969-wp-7503-2022 & ors. Mr. S. K. Mathpati, Advocate for the Petitioners. Mr. S. G. Sangle, Mr. S. K. Tambe, Mr. S. G. Karlekar and Mr. S. B. Yawalkar, AGPs for Respondents-State. … CORAM : RAVINDRA V. GHUGE AND ANIL L. PANSARE, JJ. DATED : 21st JULY, 2022. PER COURT:- 1. The petitioners in Writ Petition Nos.7503/2022, 7509/2022, 7510/2022 and 7527/2022 have put forth prayer Clause (B) as under:- “B. By issuing writ of Mandamus or any appropriate writ, order or direction in like nature, to direct the respondents that, the petitioner may be given one notional increment for the purpose of pensionary benefits for the period of 1st July 2019 to 30th June 2020 to petitioner as per superannuation date in view of the order of Hon’ble Supreme Court of India.” 2. The petitioner in Writ Petition No.7599/2022 has put forth prayer Clause (B) as under:- “B. By issuing writ of Mandamus or any appropriate writ, order or direction in like nature, to direct the respondents that, the petitioner may be given one notional increment for the purpose of pensionary benefits for the period of 1st (4) 969-wp-7503-2022 & ors. July 2017 to 30th June 2018 to petitioner as per superannuation date in view of the order of Hon’ble Supreme Court of India. 3. The petitioners in Writ Petition No.7643/2022 have put forth prayer Clause (B) as under:- “B. By issuing writ of Mandamus or any appropriate writ, order or direction in like nature, to direct the respondents that, the petitioners may be given one notional increment for the purpose of pensionary benefits for the period of 1st July 2020 to 30th June 2021 to the petitioners as per superannuation date in view of the order of Hon’ble Supreme Court of India.” 4. The petitioners in Writ Petition Nos.7524/2022, 7549/2022 and 7572/2022 have put forth prayer Clauses (B) and (C) as under:- “B. The respondent authority may kindly direct to treat the date of retirement of the petitioner is 1st of July 2020 (as per his retirement) and he may kindly direct to grant notional benefit of annual increment as he completed one full year service, though he is due for annual increment on 1st of July 2020 for the (5) 969-wp-7503-2022 & ors. purpose of pensionary benefits by issuing writ of mandamus or any other appropriate writ, order, direction as the case may be. C. The respondents authority may kindly be direct to pay all the consequential service benefits including pension arrears, death gratuity, earned leave and commutation benefits etc. since the date of retirement (30.06.2020) of the petitioner by issuing the writ of mandamus or any other order, direction as the case may be.” 5. The petitioner in Writ Petition No.7519/2022 has put forth prayer Clauses (B) and (C) as under:- “B. The respondent authority may kindly direct to treat the date of retirement of the petitioner is 1st of July 2019 (as per his retirement) and he may kindly direct to grant notional benefit of annual increment as he completed one full year service, though he is due for annual increment on 1st of July 2019 for the purpose of pensionary benefits by issuing writ of mandamus or any other appropriate writ, order, direction as the case may be. C. The respondents authority may kindly be (6) 969-wp-7503-2022 & ors. direct to pay all the consequential service benefits including pension arrears, death gratuity, earned leave and commutation benefits etc. since the date of retirement (30.06.2019) of the petitioner by issuing the writ of mandamus or any other order, direction as the case may be.” 6. The petitioner in Writ Petition No.7563/2022 has put forth prayer Clauses (B) and (C) as under:- “B. The respondent authority may kindly direct to treat the date of retirement of the petitioner is 1st of July 2015 (as per his retirement) and he may kindly direct to grant notional benefit of annual increment as he completed one full year service, though he is due for annual increment on 1st of July 2015 for the purpose of pensionary benefits by issuing writ of mandamus or any other appropriate writ, order, direction as the case may be. C. The respondents authority may kindly be direct to pay all the consequential service benefits including pension arrears, death gratuity, earned leave and commutation benefits etc. since the date of retirement (30.06.2015) of the (7) 969-wp-7503-2022 & ors. petitioner by issuing the writ of mandamus or any other order, direction as the case may be.” 7. The petitioner in Writ Petition No.7576/2022 has put forth prayer Clauses (B) and (C) as under:- “B. The respondent authority may kindly direct to treat the date of retirement of the petitioner is 1st of July 2016 (as per his retirement) and he may kindly direct to grant notional benefit of annual increment as he completed one full year service, though he is due for annual increment on 1st of July 2016 for the purpose of pensionary benefits by issuing writ of mandamus or any other appropriate writ, order, direction as the case may be. C. The respondents authority may kindly be direct to pay all the consequential service benefits including pension arrears, death gratuity, earned leave and commutation benefits etc. since the date of retirement (30.06.2016) of the petitioner by issuing the writ of mandamus or any other order, direction as the case may be.” (8) 969-wp-7503-2022 & ors. 8. The issue raised by the petitioners in these petitions, is no longer res-integra, as an exhaustive order has been passed by this Court on 04.05.2022, Writ Petition No.14632 of 2021, filed by Balaji Manikrao Biradar Vs. The State of Maharashtra and Ors and in connected petitions. 9. The service details of the petitioners in Writ Petition Nos.7576/2022, 7572/2022, 7563/2022 7549/2022, 7524/2022 and 7519/2022 as regards their initial dates of appointments, dates of last increment and the dates of their superannuation, are mentioned as under: Sr. No. Writ Petition No. Name of the Petitioners Date of Appointment Date of Last increment Date of Superannuatio n/Retirement 1 W.P. No.7519 of 2022 2 W.P. No.7524 of 2022 3 W.P. No.7549 of 2022 4 W.P. No.7563 of 2022 5 W.P. No.7572 of 2022 6 W.P. No.7576 of 2022 Shivaji S/o Vedu Tilekar Dhananjay Bhaurao Sonawane Ashok S/o Tanaji Patil Rajaram S/o Babulal Wadekar Rajendra S/o Purushottama Patil Sambhaji S/o Vikram Pawar 15.06.1987 01.07.2018 30.06.2019 15.10.1986 01.07.2019 30.06.2020 13.06.1994 01.07.2019 30.06.2020 01.07.1980 01.07.2014 30.06.2015 02.08.1985 01.07.2019 30.06.2020 01.07.1986 01.07.2015 30.06.2016 (9) 969-wp-7503-2022 & ors. 10. The service details of the petitioners in Writ Petition Nos.7503/2022, 7509/2022, 7510/2022, 7527/2022, 7599/2022 and 7643/2022 as regards their initial dates of last increment and the dates of their superannuation, are mentioned as under: Sr. No. Writ Petition No. Name of the Petitioners Date of Last increment Date of Superannuatio n/Retirement 1 W.P. Bhagwan Kailas Puri 01.07.2019 30.06.2020 No.7503 of 2022 2 W.P. No.7509 of 2022 Prakash Madhukar Khairnar 01.07.2019 30.06.2020 3 W.P. Rajiv Waru Sawant 01.07.2019 30.06.2020 No.7510 of 2022 4 W.P. No.7527 of 2022 5 W.P. No.7599 of 2022 6 W.P. No.7643 of 2022 Sharadchandra Panditrao Borse 01.07.2019 30.06.2020 Bhausaheb Ananda Kadam 01.07.2017 30.06.2018 Rohidas Chaganrao Nikam and S/o 01.07.2020 30.06.2021 Laxman S/o Sheshrao Mundhe 11. In Balaji Manikrao Biradar Vs. The State of Maharashtra and Ors, this Court had held in paragraph No. 2 to 8 is as under : “2. 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 (10) 969-wp-7503-2022 & ors.
Legal Reasoning
3. The petitioner had 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 that the (11) 969-wp-7503-2022 & ors. 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 (Revised Pay) Rules, 2008, the increment has to be (12) 969-wp-7503-2022 & ors. 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 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. (13) 969-wp-7503-2022 & ors. 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.
Arguments
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 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. Pending application also stands disposed of.” 3. This Court had based it’s 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:-
Decision
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. 8. In all these matters, all these petitioners have superannuated on the 30th day of June of the particular years, 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. Writ Petition No. Name of Petitioners Date of Appointment Date of Last increment Date of Superannuation / Retirement 1. 14632/2021 Balaji S/o 15.07.1988 01.07.2020 30.06.2021 Manikrao Biradar 2. 5630/2021 Ankush S/o 13.07.1978 01.07.2014 30.06.2015 Ganpatrao Ubale 3. 9465/2021 Rajani W/ 01.07.2018 30.06.2019 o Anant Dehade (14) 969-wp-7503-2022 & ors. 01.07.2016 30.06.2017 17.05.1983 01.07.2019 30.06.2020 20.05.1983 01.07.2019 30.06.2020 07.01.1986 01.07.2018 30.06.2019 Smt.Taisin Naimvddin Mirza Smt. Leela Rohidas Suryawanshi Smt.Usha Shantaram Gaikwad Smt.Suman Ratanrao Jadhav through its legal heir Ratanrao S/ o RangnathraoJa dhav 4. 9467/2021 Bhikaji S/o 24.07.1970 01.07.2006 30.06.2007 Harsing Jadhav 5. 9468/2021 Narayan S/ o Krishnaji Dhumal 01.01.1989 01.07.2007 30.06.2008 6. 9469/2021 Sunanda S/ 16.08.1984 01.07.2016 30.06.2017 o Rajaram Shinde 7. 9470/2021 Pramod S/o NarayanraoDa sare Kishan S/o Marotrao Maind Dwarkadas S/o Nagorao Kulkarni 16.08.1976 01.07.2010 30.06.2011 06.08.1990 01.07.2011 30.06.2012 12.07.1989 01.07.2017 30.06.2018 8. 9505/2021 Mahadeo S/o 15.01.1982 01.07.2018 30.06.2019 Sakharam Dabhade Mahadev S/o Khemaji Bhandwalkar Bharat S/o Murlidhar Lakhe Dagadu S/o Bapurao Veer 15.10.1982 01.07.2018 30.06.2019 28.11.1983 01.07.2017 30.06.2018 01.02.1981 01.07.2017 30.06.2018 9. 3147/2021 Ganeshrao 01.07.2016 30.06.2017 30.06.2017 S/o (15) 969-wp-7503-2022 & ors. Shankarrao Shinde Jagannath S/o Sakharam Giri Baburao S/o Madhavrao Shinde Balaji S/o Vitthalr ao Narwade Rama S/o Babarao Kukade Pathan Jamsheedkhan Ajijkhan Tukaram S/o ParasramGa Jabhare Smt.Chandrak ala Ranganath Kadtan Vithal S/ o Shamsing Pawar Dilip S/o Kesharchand Kanhed Digambar S/ o Kishanrao Kale Pandurang Chimnaji Waghmare Sudhakarrao S/o Wamanrao Garad Gapal S/o Wamanrao Katkar 01.01.1986 01.07.2016 30.06.2017 29.07.1984 01.07.2017 30.06.2018 01.01.1986 01.07.2018 30.06.2019 01.01.1986 01.07.2016 30.06.2017 18.08.1981 01.07.2015 30.06.2016 31.07.1984 01.07.2016 30.06.2017 27.07.1984 01.07.2017 30.06.2018 17.08.1981 01.07.2013 30.06.2014 02.01.1986 01.07.2018 30.06.2019 18.10.1978 01.07.2014 30.06.2015 02.09.1989 01.06.2014 30.06.2015 10.07.1986 01.07.2016 30.06.2017 25.06.1984 01.07.2017 30.06.2018 10. 13208/2019 Shivaji 17.12.1980 01.07.2017 30.06.2018 Ramrao Tidke Laxman Ramchandra 13.07.1982 30.07.2014 30.06.2015 (16) 969-wp-7503-2022 & ors. Yermalkar Arun Bhanudas Joshi Vinayak Purushtam Kulkarni Govind Janaba Sherkhane Vishnu Raghunath Chaudhar Gorakh Vithoba Shinde Hiralal Umesh Jarwal Sheshrao Shripatrao Katkar Syed Nizamudding Syed Imamudding Ram Baburao Lokhande Madhukar Kalu Mahajan Vinod Pushottam Kulkarni 23.04.1981 01.07.2017 30.06.2018 30.08.1975 01.07.2012 30.06.2013 28.07.1982 01.07.2015 30.06.2016 23.12.1982 01.07.2018 30.06.2019 30.04.1981 01.07.2015 30.06.2016 15.10.1983 01.07.2018 30.06.2019 22.05.1981 01.07.2018 30.06.2019 18.08.1982 01.07.2014 30.06.2015 06.03.1984 01.07.2018 30.06.2019 02.08.1977 01.07.2014 30.06.2015 04.12.1976 01.07.2014 30.06.2015 11. 11550/2021 Asaram 07.07.1981 01.07.2012 30.06.2013 Nivruttirao Adhapure Sitaram Sainaji Nawle Dadarao Eknath Gahire 30.09.1974 01.07.2011 30.06.2012 16.02.1981 01.07.2018 30.06.2019 12. 13560/2019 Digambar 03.01.1986 01.07.2018 30.06.2019 Munjaji Bhaske Ankush Rambhau Fund 17.08.1981 01.07.2017 30.06.2018 Sudam 20.11.1987 01.07.2018 30.06.2019 (17) 969-wp-7503-2022 & ors. 13.08.1981 01.07.2016 30.06.2017 08.07.1998 01.07.2016 30.06.2017 Govindrao Satwadhar Sudam Ashroba Giram Shitaram Munjaji Shendre 13. 11669/2019 Rajendra 08.07.1982 01.07.2017 30.06.2018 Guruppa Hulsure 14. 15162/2019 Manik 14.08.1979 01.07.2011 30.06.2012 Lingram Haridas 15. 7483/2021 Shriram Devidas Joshi 13.07.1983 01.07.2016 30.06.2017 16. 7508/2021 Prakash 02.08.1979 01.07.2015 30.06.2016 Dhondu Wani 17. 7509/2021 Suresh Baliram Golahit 01.08.1985 01.07.2018 30.06.2019 18. 9996/2021 Deepak 20.07.1992 01.07.2020 30.06.2021 Dodhu Narkhede 19. 9998/2021 Rajendra 01.08.1987 01.07.2015 30.06.2016 Bhatu Patil 20. 8435/2021 Baban 25.08.1980 01.07.2015 30.06.2016 Raghunath Adik 21. 8461/2021 Karbhari 16.07.1977 01.07.2009 30.06.2010 Baburao Vidhate 22. 8462/2021 Smt.Aparna 01.01.1992 01.06.2018 30.06.2019 Nilkanth Chandras 23. 8488/2021 Suresh Rajaram Varade 14.09.1997 01.07.2017 30.06.2018 24. 8494/2021 Ashok 25.08.1981 01.07.2016 30.06.2017 Shripat Patel 25. 13205/2019 Narendra 23.04.1980 01.07.2015 30.06.2016 Pandharinath Borse (18) 969-wp-7503-2022 & ors. 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 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 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. 6. By the recommendations of the 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 30 th 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 (19) 969-wp-7503-2022 & ors. 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, that we found that the 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. 8. In view of the above, these Writ Petitions are allowed. 12. Considering that the present petitioners are identically placed, these petitions are allowed, taking into account, the dates of their superannuation 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 their pensionary benefits, which would have been payable to them from 1st July, but for (20) 969-wp-7503-2022 & ors. their superannuation on 30th of June. This notional inclusion of the annual increment would be considered for calculating their pension, gratuity, earned leave, commutation benefits, etc. 13. The learned Advocates for the petitioners have prayed for entire arrears from their dates of superannuation. The chart referred to below paragraph 9 indicates that some of the petitioners have superannuated in 2015. Some have superannuated in between 2016 and 2021. 14. 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. The petitioners have superannuated in between 2015 and 2021. (21) 969-wp-7503-2022 & ors. 15. 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 the filing of their Writ Petitions or as per actuals, whichever may be less. We direct the payment of such arrears accordingly and expect such payment to be made to these petitioners, on or before 30/09/2022. (ANIL L. PANSARE) (RAVINDRA V. GHUGE) JUDGE JUDGE Devendra/July-2022