The petitioner challenged the exclusion of parents under family pension rules. The court held that only widow, widower, sons under 21, and unmarried daughters until 24 are entitled, and parents are excluded. Petition rejected.
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FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
WRIT PETITION NO.3478/2011 Shakuntala Madhavrao Sanap V/s The State & others.
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Shri S.A. Nagarsoge, Advocate for petitioner. Shri V.H. Dighe, AGP for respondent nos.1 & 4. SHri N.L. Jadhav, Advocate for respondent nos.2 & 3.
CORAM: B.R. GAVAI & M.T. JOSHI, JJ.
Date: 16.08.2011
The perusal of Rule 116 of the Maharashtra Civil Services (Pension) Rules, 1982, which governs the service condition of the employees entering into service on or after 1.1.1964, to reveal that the persons who are entitled to family pension are only widow or widower, the son until he attains the age of 21 years and the unmarried daughter until she attains the age of 24 years or until she
gets married, whichever is earlier.
The Legislature has not included the
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mother or the father of the deceased in the said Rules.
In that view of the matter, no case is made out for interference. The petition is rejected.
(M.T. Joshi, J.) (B.R. Gavai, J.)
Dt/- 16.08.2011 ndk/c168112
1 issue framed by the court
Whether parents can claim family pension under Rule 116 of the Maharashtra Civil Services (Pension) Rules, 1982 when they are not expressly included?
1 provisions across 1 enactments
Shakuntala Madhavrao Sanap
The State
B.R. Gavai
M.T. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
