Notional Increment Next July
Notional Increment Next July
Kalpanik Vetanwadh
Notional Annual Increment Next July
Notional annual salary Increment for retired employees next July
Notional Increment
salary increment
Zilla Parishad Nashik, Dist. Nashik.
4. The Education Officer (Primary)
Zilla Parishad Nashik, Dist. Nashik.
Respondents
Mr. Chintamani K. Bhangoji a/w. Mr. Estling S. Murge, Advocates for the Petitioners.
Mrs. Nisha Mehra, for Respondent Nos.1 and 2.
Mr. Ashwin R. Kapadnis, for Respondent Nos.3 and 4-Zilla Parishad, Nashik.
CORAM:
RAVINDRA V. GHUGE & ABHAY J. MANTRI, JJ.
DATE : 18th MARCH, 2026
ORAL JUDGMENT: (PER RAVINDRA V. GHUGE, J.)
1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.
2. The Petitioners have put forth prayer clauses (B), (C), (D) and (E), as under:
“B) This Hon’ble court be pleased to issue writ of mandamus or any other appropriate writ, order or direction in like nature thereby directing to the Res. No.3 and 4 to Grant Notional/Annual Increment to petitioners which was due on 1st July i.e. after retirement of the petitioners, as petitioners served with good conduct more than 6 Months in a year.
(C) This Hon’ble court be pleased to issue writ of mandamus or any other appropriate writ, order or direction in like nature thereby directing to the Respondents No.3 and 4 to recalculate retirement benefit by including annual increment and thereof to pay the all the retirement benefit to petitioners with arrears and for that, purpose this Hon’ble may pass necessary order or direction in favor of the petitioners.
(D) This Hon’ble court be pleased to issue writ of mandamus or any other appropriate writ, order or direction in like nature and hold and declare that, rule 10 of the Maharashtra civil service (Revised Pay) Rules 2009 is ultra vires and not binding on the right of the petitioner to get the benefit of annual increment.
(E) Pending hearing and final disposal of this writ petition to direct the Res. No.3 and 4 to grant retirement benefit including annual increment which was due after retirement of the petitioners.”
3. The learned Advocate for the Petitioners submits on instructions that the Petitioners are in fact seeking the benefit of Rule 10 of the Maharashtra Civil Services (Revised Pay) Rules, 2009. Therefore, they submit that prayer clause (D) is not pressed and deleted. Leave to delete. Deletion be carried out forthwith.
हेही वाचा –
4. The issue raised by these Petitioners is no longer res integra. Under the 6th Pay Commission, the year for accounting the annual increments is from 1ª July up to the 30th day of June of the 914-WP-15662-2025.odt next year. The issue as to whether a candidate would be entitled for such increment if he/she superannuates on 30th June, was dealt with by several Courts.
5. By a judgment dated 4th May, 2022 delivered in Writ Petition No.14632 of 2021 at Aurangabad in Balaji Manikrao Biradar vs. State of Maharashtra & Ors., led to the conclusion that since this increment is not an advance increment, but is an increment which is payable after completing one year of employment, notwithstanding that a candidate superannuates after office hours on 30th June, he is deemed to have earned the annual increment and, therefore, the increment is payable.
6. Several orders/judgments delivered by this Court were assailed before the Hon’ble Supreme Court and the same have been sustained. A large bunch of cases were taken up for adjudication by the Hon’ble Supreme Court in Director (ADMN. and HR) KPTCL vs. V. C. P. Mundinamani, and it was concluded that the said increment is earned by an employee for working over one year and hence, the employee is entitled to an increment even if he/she retires
on 30th June of a particular year.
7. Insofar as cases wherein an employee may have worked for a lessor duration during one year, Rule 10 of the Maharashtra Civil Services (Revised Pay), Rules, 2009 would cover cases of employees who have worked for six months and above in the revised pay structure as on 1st July, and would also be entitled for the increment. All those Petitioners who have worked for six months and above in a particular year, would be entitled for the benefits of the annual increment and their retirement dues would be calculated by reckoning such increment while calculating their last drawn wages.
8. In view of the above, this Petition is partly allowed with the following directions:-
(a) The Petitioners would be entitled for monetary benefits/difference of pensionary benefits as per the actuals w.e.f. from their respective dates of superannuation, provided they have worked for 6 months or more in the last year up to their superannuation.
(b) The pensionary benefits of the Petitioners would be recalculated by including the annual increment in their last drawn salary prior to their superannuation and such recalculated pensionary benefits shall be payable to them.
(c) Arrears if any, shall be paid to them within a period of 90 days. Many of the Petitioners have approached belatedly before this Court and, therefore, akin to the orders passed in several matters, they would be not entitled for the interest component.
9. Rule is made partly absolute in the above terms.
(ABHAY J. MANTRI, J.)
(RAVINDRA V. GHUGE, J.)
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