KAILASH GULABCHAND SAHUJI AND OTHERS v. THE STATE OF MAHARASHTRA AND OTHERS
Case Details
*1* 4wp3028o21group IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3028 OF 2021 KAILASH GULABCHAND SAHUJI AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND OTHERS … AND WRIT PETITION NO.14594 OF 2019 MANGALA MADHAV NEHETE VERSUS THE STATE OF MAHARASHTRA AND OTHERS … AND WRIT PETITION NO.13520 OF 2019 ANNASAHEB DIGAMBARRAO PAWADE VERSUS THE STATE OF MAHARASHTRA AND OTHERS … AND WRIT PETITION NO.15201 OF 2019 VISHWANATH DATTATRAY GANGOTRI AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND OTHERS … AND WRIT PETITION NO.13543 OF 2019 JAGANNATH APPAJI MAGAR AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND OTHERS … *2* 4wp3028o21group AND WRIT PETITION NO.13535 OF 2019 JALINDER KERNATHRAO TAMBE AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND OTHERS … AND WRIT PETITION NO.14528 OF 2019 AMOLSINH PRATAPSINH GOUR VERSUS THE STATE OF MAHARASHTRA AND OTHERS … AND WRIT PETITION NO.14529 OF 2019 ANANT DEVIDASRAO KULKARNI AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND OTHERS … AND WRIT PETITION NO.10854 OF 2019 AJINATH GANPATRAO SAWASE AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND OTHERS … AND WRIT PETITION NO.14585 OF 2019 SHIVAJI JAIRAM GOND VERSUS THE STATE OF MAHARASHTRA AND OTHERS … *3* 4wp3028o21group … Advocate for the Petitioners in WP/3028/21, 14594/19, 13543/19, 13535/19, 14528/19, 14529/19 : Shri Sandeep B. Sontakke. Advocate for the Petitioners in WP/13520/19 : Shri Pravin B. Rakhunde. Advocate for the Petitioners in WP/15201/19, 10854/19, 14585/19 : Shri Shivkumar K. Mathpati AGP for the Respondents/ State : Shri S.R. Yadav Advocate for Respondents 3 to 5 in WP/10854/2019 : Shri K.B. Jadhavar Advocate for Respondents 3 to 5 in WP/14585/19 : Ms.Yogita S. Thorat Advocate for Respondent 4 in WP/14594/19 : Shri S.B. Munde ... CORAM : RAVINDRA V. GHUGE & S.G. DIGE, JJ. DATE :- 02nd May, 2022 Per Court :- 1. All these matters have been tagged together. However, barring the first matter bearing Writ Petition No.3028/2021, rest of the matters were not on the board. By the consent of the parties, these matters were taken on the Board. 2. Leave to add Secretary, Rural Development Department, State of Maharashtra as a respondent. Addition be *4* 4wp3028o21group carried out forthwith. Issue notice to the added respondents. The learned AGP appearing in these matters, waive service of notice on behalf of the added respondent. 3. 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. 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
Legal Reasoning
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
Decision
disposed of.” *5* 4wp3028o21group 4. 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:- 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 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 *6* 4wp3028o21group 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 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 *7* 4wp3028o21group 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. 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 *8* 4wp3028o21group 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. 5. 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 in Writ Petition Nos.3028/21, 14594/19, 13543/19, 13535/19, 14528/19, 14529/19, their initial dates of appointments, the dates of last increment and the dates of superannuation are mentioned in a chart hereunder :- Name of the petitioners, initial date of appointments of, Date of last increment & Date of superannuation of petitioners WP No. Name the of Initial date of Appointment Date of Last Increment 15.01.1976 01.07.2013 Date of Superannu ation/Retir ement 30.06.2014 Sr. No. 1. Petitioners Kailash S/o Gulabchand Sahuji WP/ 3028/ 2021 Aurang abad 2 3 4 WP/ 14594/ 2019 Jalgaon WP/ 14528/ 2019 Aurang abad WP/ 14529/2 019 *9* 4wp3028o21group Saleem Pasha Bashir Mohammad Sahebrao S/o. Kachru Dapake Shaikh Mukhtar Ahmed Shaikh Nazeer Sultan Khan Husen Khan Pathan Syed Khutaboddin Syed Shahaboddin Mangala Madhav Nehete Amolsinh S/o Pratapsinh Gour Anant S/o Devidasrao Kulkarni Jaising S/o Shivsing Maher Sanjay S/o. Sitaram Sarkate Mallikarjun S/o Nagayyappa Mathpati Pundlik S/o Annarao Umbarge Vishwanath S/o Babarao Sule Govind S/o Vasantrao Kotalwar Bhanudas S/o Atmaram Chaudhari Prabhakar S/o. Appa Phule Mohd Jawaid Iqbal Abdul Samad Bhagwan S/o Khashaba Dubal Ashok S/o Kisanrao Katre Ninad S/o Zitruji Nibude Narayan S/o Shamrao Tatewar Vijay S/o Gokuldas Gandhi Shaikh Shabbir S/o. Shaikh Inayat 08.07.1992 01.07.2017 30.06.2018 27.11.1982 01.07.2013 30.06.2014 08.08.1991 01.07.2016 30.06.2017 21.11.1979 01.07.2018 30.06.2019 17.05.1983 01.07.2016 30.06.2017 13.03.1984 01.07.2013 30.06.2014 15.06.1989 01.07.2016 30.06.2017 31.08.1981 01.07.2016 30.06.2017 23.05.1977 01.07.2015 30.06.2016 28.05.1983 01.07.2017 30.06.2018 10.07.1980 01.07.2013 30.06.2014 24.08.1983 01.07.2016 30.06.2017 10.10.1979 01.07.2015 30.06.2016 29.01.1981 01.07.2015 30.06.2016 11.01.1983 01.07.2018 30.06.2019 06.06.1983 01.07.2015 30.06.2016 20.09.1976 01.07.2014 30.06.2015 04.08.1976 01.07.2011 30.06.2012 21.11.1983 01.07.2017 30.06.2018 17.08.1976 01.07.2014 30.06.2015 30.10.1976 01.07.2013 30.06.2014 09.03.1983 01.07.2015 30.06.2016 22.09.1980 01.07.2015 30.06.2016 *10* 4wp3028o21group Ashok S/o. Laxman Barawade Madhukar S/o. Natu Zope Esamuddin S/o. Abdul Shaikh Shankar S/o. Khashaba Patil Vilas S/o. Ramchandra Sanga Shrikrishna S/o. Natthuji Raut Sampatrao S/o. Akaram More Sher Afzal Khan S/o. Sattar khan Shaikh Jamil S/o. Shaikh Chand Pandhari S/o. Pandurang Bhagat Sudhakar S/o. Akaramji Dhabale Pramod S/o. Anandrao Deshmukh Balasaheb S/o. Baban Pisal Ashok S/o. Bhaskarrao Bhake Rajabhau S/o. Bhayyaji Pawshekar Jalinder S/o Kernathrao Tambe 22.11.1982 01.07.2016 30.06.2017 06.12.1977 01.07.2009 30.06.2010 20.08.1982 01.07.2014 30.06.2015 13.09.1983 01.07.2017 30.06.2018 28.09.1983 01.07.2018 30.06.2019 13.06.1979 01.07.2016 30.06.2017 30.07.1982 01.07.2018 30.06.2019 17.09.1980 01.07.2011 30.06.2012 04.04.1983 01.07.2017 30.06.2018 01.12.1985 01.07.2010 30.06.2011 24.09.1980 01.07.2016 30.06.2017 16.10.1980 01.07.2017 30.06.2018 04.06.1980 01.07.2017 30.06.2018 02.06.1980 01.07.2015 30.06.2016 13.05.1978 01.07.2015 30.06.2016 21.07.1983 01.07.2018 30.06.2019 Pradipkumar S/o Bhaskarrao Bangale Prakash S/o Ramdas Bhamare Bapu S/o Vikram Desale Pandit S/o Ramchandra Bagul Samadhan S/o Ishnaji Band Mohan S/o Sadashiv Ghaywat Chandrakant S/o Nivrutti Warade Dhananjay S/o. Ramchandra Tiwatane Ratan S/o Devram 03.09.1983 01.07.2018 30.06.2019 29.07.1980 01.07.2014 30.06.2015 24.12.1984 01.07.2017 30.06.2018 20.08.1979 01.07.2014 30.06.2015 30.01.1979 01.07.2011 30.06.2012 01.02.1979 01.07.2012 30.06.2013 04.04.1986 01.07.2013 30.06.2014 02.03.1976 01.07.2007 30.06.2008 14.09.1979 01.07.2014 30.06.2015 5 WP/ 13535/ 2019 Aurang abad 6 WP/ 13543/ 2019 Aurang abad/ Beed/ Ahmed nagar *11* 4wp3028o21group Patil Vilas S/o Bansilal Kotecha Vilas S/o Janardan Ratnparkhi Lilakar S/o Ramakant Kulkarni Ravindra S/o Prabhakar Landekar Prakash S/o Bhikulal Gokhale Sunil S/o Namdeo Pakhare Jagannath S/o Appaji Magar Maruti S/o Rambhau Nanaware Sanjay S/o Krishnarao Nene Purushottam S/o Narayan Kulkarni Satishchandra S/o Sadashiv Kale Rajabhau S/o Namdeo Salgude Ashok S/o Krishna Honmore Harihar S/o Shridharrao Muttepawar Shaikh Azimoddin Mohd. Pashasaab Vishwas S/o Pandurang Bhuse Shrikant S/o Bandoba Mahamuni Sanjay S/o Bhaskar Kulkarni Jaywant S/o Kishanrao Kulkarni Satish S/o Madhukarrao Ardhapurkar Jagannath S/o Uttamrao Amilkanthwar 01.09.1983 01.07.2016 30.06.2017 30.08.1979 01.07.2017 30.06.2018 21.08.1979 01.07.2014 30.06.2015 10.05.1985 01.07.2018 30.06.2019 21.11.1983 01.07.2017 30.06.2018 08.12.1981 01.07.2018 30.06.2019 24.11.1982 01.07.2018 30.06.2019 05.12.1981 01.07.2015 30.06.2016 12.07.1982 01.07.2016 30.06.2017 23.12.1975 01.07.2008 30.06.2009 09.06.1977 01.07.2014 30.06.2015 31.12.1981 01.07.2015 30.06.2016 11.09.1979 01.07.2015 30.06.2016 27.07.1978 01.07.2017 30.06.2018 20.07.1982 01.07.2013 30.06.2014 13.05.1977 01.07.2010 30.06.2011 09.12.1982 01.07.2018 30.06.2019 09.11.1983 01.07.2018 30.06.2019 13.11.1979 01.07.2015 30.06.2016 05.10.1979 01.07.2018 30.06.2019 31.10.1983 01.07.2018 30.06.2019 *12* 4wp3028o21group Kishan S/o Tukaram Ubale Sudhakar S/o Govindrao Maggiwar Uday S/o Kishanrao Mahajan Balaji S/o Marutirao Manoorkar Ganesh S/o Dattarao Chandrawanshi Mohd. Shahnawaz Khan Mohd. Namdar Khan Manohar S/o Shripatrao More Dhondiappa S/o Kashinath Mathpati Umakant S/o Vishwanathrao Ghongade Chandrakant S/o Sadashiv Patange Shashikant S/o Shivajirao Mane Ramesh S/o Digambar Deshpande Kedarling S/o Manmath Swami Gautam S/o Nana Londhe Ashok S/o Rangnathrao Pore Mohan S/o Ramchandra Saste Hanumant S/o Vishwanath More Madhav S/o Vishwanath Mathpati Shivyogi S/o Panchakshari Swami Pramod S/o Rangnathrao Baradkar Bhikaji S/o Abaji Ugale Kanchan S/o Shrirang Gaikwad Dnyandeo S/o Manjabapu Shirsath Sanjay S/o Vasantrao Kulkarni Vaijinath S/o Mohanrao Domale 24.11.1983 01.07.2017 30.06.2018 24.10.1983 01.07.2017 30.06.2018 30.04.1982 01.07.2016 30.06.2017 05.03.1983 01.07.2018 30.06.2019 15.02.1978 01.07.2016 30.06.2017 21.02.1980 01.07.2015 30.06.2016 27.11.1981 01.07.2015 30.06.2016 11.03.1981 01.07.2014 30.06.2015 03.10.1979 01.07.2017 30.06.2018 27.11.1981 01.07.2017 30.06.2018 11.09.1989 01.07.2018 30.06.2019 08.10.1982 01.07.2017 30.06.2018 16.10.1982 01.07.2017 30.06.2018 30.12.1982 01.07.2017 30.06.2018 18.07.1980 01.07.2013 30.06.2014 16.05.1981 01.07.2018 30.06.2019 19.07.1982 01.07.2018 30.06.2019 08.07.1983 01.07.2017 30.06.2018 21.06.1982 01.07.2017 30.06.2018 18.07.1983 01.07.2018 30.06.2019 19.01.1983 01.07.2017 30.06.2018 01.11.1983 01.07.2018 30.06.2019 16.08.1979 01.07.2016 30.06.2017 01.02.1982 01.07.2017 30.06.2018 23.12.1983 01.07.2016 30.06.2017 *13* 4wp3028o21group Kishor S/o Pundlik Chaudhari Shankar S/o Mukinda Chavan Pratap S/o Krishnaji Patil Ramesh S/o Dattatraya Bhat Bharat S/o Eknath Bhilare Sadashiv S/o Eknath Talekar Udhav S/o Gajeram Munde Anand S/o Babanrao Sapkal 07.10.1978 01.07.2015 30.06.2016 25.03.1980 01.07.2015 30.06.2016 29.11.1982 01.07.2018 30.06.2019 23.05.1978 01.07.2013 30.06.2014 29.06.1983 01.07.2017 30.06.2018 13.08.1979 01.07.2015 30.06.2016 15.07.1982 01.07.2017 30.06.2018 21.12.1983 01.07.2018 30.06.2019 Details of the petitioners in Writ Petition Nos.15201/2019, 10854/2019 and 14585/2019, their initial dates of appointments, the dates of last increment and the dates of superannuation are mentioned in a chart hereunder :- Sr. No. WP No. Name of Petitioners the Initial date of Appointmen t Date of Last Increment Date of Superannuat ion 1. W.P. No. 10854 of 2019 Ajinath Ganpatrao Sawase Beed S/o 04.10.1983 01.07.2017 30.06.2018 Vishnu Sitaram Sangale S/o 03.10.1983 01.07.2017 30.06.2018 S/o 08.10.1983 01.07.2017 30.06.2018 Maliba Baburao Chandmare Bhagwan Baburao Bhorje S/o 03.12.1985 01.07.2017 30.06.2018 *14* 4wp3028o21group 2. W.P. No. 14585 of 2019 Shivaji Jairam Gond S/o 09.11.1981 01.07.2014 30.06.2015 Beed 3. W.P. No. 15201 2021 Latur of Vishwnath S/o Dattatray Gangotri 23.06.1984 01.07.2018 30.06.2019 Chandrakant S/o Yadavrao Kamble 15.05.1995 01.07.2017 30.06.2018 Shaikh Shadulla Mahetabsab Kashinath S/o Vitthalrao Mundkar 31.01.1979 01.07.2016 30.06.2017 23.12.1983 01.07.2016 30.06.2017 S/o 04.10.1990 01.07.2017 30.06.2018 S/o 23.06.1984 01.07.2018 30.06.2019 Ganesh Madhavrao Gaikwad Baburao Madhavrao Kadam S/o Dnyanoba Raghunathrao Pund Khaja Shaikh Naseeruddin Mohiuddin 17.04.1982 01.07.2016 30.06.2017 17.07.1986 01.07.2015 30.06.2016 S/o 31.12.1985 01.07.2017 30.06.2018 Jivan Apparao Phawade Vishwnath S/o Nagorao Bhure 21.07.1981 01.07.2013 30.06.2014 *15* 4wp3028o21group 6. 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. 7. 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 *16* 4wp3028o21group 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. 8. It is in these 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 *17* 4wp3028o21group 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. 9. In view of the above, these Writ Petitions are allowed. 10. 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 calculating their pension, gratuity, earned leave, commutation benefits, etc. 11. The learned Advocates for the petitioners have prayed for entire arrears from their dates of superannuation. The chart referred to below paragraph 5 indicates that some of the petitioners have superannuated in 2007. Some have *18* 4wp3028o21group superannuated in between 2008 and 2019. 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 their petitions. 12. 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. 13. Considering these aspects, we are of the view that the arrears of such benefits as granted by us in paragraph 10 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 *19* 4wp3028o21group payment to be made to these petitioners, on or before 30/08/2022. kps (S.G. DIGE, J.) (RAVINDRA V. GHUGE, J.)