Dismissed

Nandkumar Marutirao Muley v. the State of Maharashtra through Its Secretary and Others

Bombay HC1 Feb 2023WP/1258/2023

Case brief

AI extract

What is this about?

This writ petition raises an issue regarding the notional addition of an annual increment for pension computation. Noting that the case is covered by the court's own earlier judgment, the petition is disposed without hearing, and the petitioner is directed to approach the court again if dissatisfied.

What did the court decide?

Petition disposed off. Respondents directed to grant pension benefits as per the judgment of this court in W.P. No.6256/2022 (Changdeo Genuji Dudhat).

Nandkumar Marutirao Muley Vs the State of… — Pension and Retirement Benefits | Bombay HC (2023)

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914 WP.1258.2023.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD.

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914 WRIT PETITION NO.1258 OF 2023

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NANDKUMAR MARUTIRAO MULEY VERSUS

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THE STATE OF MAHARASHTRA, THROUGH ITS SECRETARY AND OTHERS

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Advocate for Petitioners : Mr. Ameya N. Sabnis. AGP for Respondent/State: Mr. S. G. Sangle.

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CORAM : RAVINDRA V. GHUGE & SANJAY A. DESHMUKH, JJ. DATE : 01^st February, 2023.

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Per Court:

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In this petition, the issue that has been raised by the petitioner is as regards the notional addition of an annual increment, while computing his pension and pensionary benefits. Such increment became due and payable on the last day before his superannuation, on completion of one year service.

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The petitioner has superannuated on the 30^th day of June of the particular year, as he was due for superannuation. For the sake of clarity, the name of the petitioner and his date of superannuation are mentioned in the chart hereunder:-

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Sr. No.	Name	Date of retirement
1	Nandkumar Marutirao Muley	30.06.2013

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914 WP.1258.2023.odt

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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.

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In view of the above, the case of the petitioner is squarely covered by the said order dated 23.06.2022 and he stands entitled for the benefits as ordered in paragraph 9 and corrected paragraph 10 of the order dated 23.06.2022 in Changdeo Genuji Dudhat (supra) , which read as under :-

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“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 noninclusion 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

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914 WP.1258.2023.odt

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approached this Court. Some of the petitioners have superannuated in between 2016 and 2021.

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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.”

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As such, this petition is disposed off.

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The respondents would grant benefits to the petitioner as directed in paragraphs 9 and 10 (reproduced above) of Changdeo

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Genuji Dudhat (supra) , on or before 30.04.2023.

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[ SANJAY A. DESHMUKH, J. ] [ RAVINDRA V. GHUGE, J. ]

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nga

Nandkumar Marutirao Muley v. the State of Maharashtra through Its Secretary and Others

Case brief

What is this about?

What did the court decide?

Nandkumar Marutirao Muley v. the State of Maharashtra through Its Secretary and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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