Bombay High Court
Basayya Channayya Swami vs The State Of Maharashtra Through Its ... on 19 January, 2024
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
2024:BHC-AUG:1476-DB
904 to 912-WP-9060-2023-group+.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
904 WRIT PETITION NO. 9060 OF 2023
ABDUL MANNAN ABDUL HAMEED
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
AND
905 WRIT PETITION NO. 9064 OF 2023
GOVIND PANDHARINATH MANE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
AND
906 WRIT PETITION NO. 9078 OF 2023
BASAYYA CHANNAYYA SWAMI
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
AND
907 WRIT PETITION NO. 9085 OF 2023
ASARAM MAHADU SHINDE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
AND
908 WRIT PETITION NO. 9089 OF 2023
SHAIKH SADEKHA AZIZ
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
AND
909 WRIT PETITION NO. 9093 OF 2023
ANIL DEVIDASRAO KULKARNI
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
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AND
910 WRIT PETITION NO. 9096 OF 2023
USHA BHAGWANRAO DESHMUKH
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
AND
911 WRIT PETITION NO. 9101 OF 2023
TUKARAM RAMCHANDRA BORSE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
AND
912 WRIT PETITION NO. 9109 OF 2023
ASHOK KISHANRAO GIRI
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
AND
1 WRIT PETITION NO. 9065 OF 2023
GANESHLAL PANNALAL JAISWAL
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
AND
2 WRIT PETITION NO. 9116 OF 2023
MASARRAT ZARREEN MOHAMMED AHEMAD QURESHI
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
....
Mr. S. K. Mathpati, Advocate for Petitioners
Mr. S. B. Narwade, Mr. P. K. Lakhotiya, Mr. R. S. Wani and Mr. S. K.
Tambe, AGPs for Respondent - State
Mr. D. B. Pawar, Advocate for Zilla Parishad, Parbhani
Mr. A. C. Sisodiya, Advocate h/f Mr. A. B. Girase, Advocate for
Respondent Nos. 5 and 6 in WP/9101/2023
....
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CORAM : RAVINDRA V. GHUGE AND
Y. G. KHOBRAGADE, JJ.
DATE : 19.01.2024
PER COURT :-
1. Writ Petition Nos.9065 of 2023 and 9116 of 2023 are not
on board. Since the group is listed for hearing, taken on board by
consent of the parties.
2. The common issue in these Petitions is as regards the
eligibility of the Petitioners in being entitled to the annual increment
after completing one year of service after office hours on 30 th June of
the said year. The fortuitous circumstance being that, each of these
Petitioners stood retired on 1st of July after completing the requisite
12 months of service on 30 th June, which would entitle them for the
annual increment.
3. The litigation on this issue is all over the Country. This
Court has taken a view consistently that such Petitioners would be
entitled for the annual increment though they stood retired on 1 st July
of a particular year, as they have worked upto 30th June.
4. A ready reference chart with regard to these Petitioners is
reproduced here under:-
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Board Writ Name of the Date of Date of Last Date of
Sr. No. Petition Petitioner Appointment increment superannuation
No. /retirement
904 9060 of 2023 Abdul Mannan 13.11.1987 01.07.2021 30.06.2022
Parbhani Abdul Hameed
905 9064 of 2023 Govind 02.08.1982 01.07.2018 30.06.2019
Latur Pandharinath
Mane
906 9078 of 2023 Basayya 15.06.1987 01.07.2020 30.06.2021
Latur Channayya Swami
907 9085 of 2023 Asaram Mahadu 14.08.1981 01.07.2023 30.06.2014
Parbhani Shinde
908 9089 of 2023 Shaikh Sadekha 26.06.1995 01.07.2021 30.06.2022
Parbhani Aziz
909 9093 of 2023 Anil Devidasrao 01.01.1986 01.07.2019 30.06.2020
Parbhani Kulkarni
910 9096 of 2023 Usha Bhagwanrao 24.07.1992 01.07.2021 30.06.2022
Parbhani Deshmukh
911 9101 of 2023 Tukaram 27.04.1983 01.07.2015 30.06.2016
Jalgaon Ramchandra
Borse
912 9109 of 2023 Ashok Kishanrao 14.10.1994 01.07.2019 30.06.2020
Parbhani Giri
1 9065 of 2023 Ganeshlal 13.11.1978 01.07.2011 30.06.2012
Hingoli Pannalal Jaiswal
2 9116 of 2023 Masarrat Zarreen 06.09.1982 01.07.2019 30.06.2020
Nanded Mohammed
Ahemad Qureshi
5. The Hon'ble Supreme Court, while considering such
litigation, has delivered a judgment on 11.04.2023 in Director
(Admin. and HR) KPTCL and others Vs. C.P. Mundinamani and others
- 2023 SCC OnLine SC 401.
6. Considering that the issue has been put to rest by the
judicial pronouncement of the Hon'ble Supreme Court in Director
(Admin. and HR) KPTCL (supra) and the order of the Hon'ble
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Supreme Court dated 12.01.2022 in Petition for Special Leave to
Appeal (Civil) No.206 of 2022 (The State of Maharashtra and Others
Vs. Prakash Tulshiram Chaudhari), sustaining the judgment of this
Court dated 24.06.2021 in Writ Petition No. 6396 of 2020 delivered
at Aurangabad, to which one of us (Ravindra V. Ghuge, J.) is a party,
these Writ Petitions are allowed.
7. As has been consistently held by this Court earlier, all
retiral and pensionary benefits would be re-calculated by notionally
adding the annual increment and the monetary benefits would be
available to the Petitioners only for the period of three years
preceding the date of filing of the Petitions or as per actuals,
whichever is less.
8. Let these arrears be paid within 60 days, failing which the
amount of arrears would carry interest @ 5% p.a. from the date of
the passing of this order.
[ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ]
SMS
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