Samarth Rajendra Dighe Thr Natural Natural Guardian Smita Rajendra Dighe v. the State of Maharashtra Thr Finance Dept and Ors.
Case brief
What is this about?
Family pension share claim by alleged illegitimate son (aged 16) of deceased employee Rajendra; first wife alive and drawing full pension. Key precedent discussed: Rameshwari Devi v. State of Bihar (2000) 2 SCC 431 — presumption of marriage from near three decades of exclusive cohabitation; applicability turns on whether Smita alone resided with the deceased until his demise or whether he continued to reside with Nirmala. Counsel also relied on Kamalbai Nipanikar (FB Bombay HC, 2019 LAB. I.C. 2566) — referred, not ruled upon. Verification of nominee (Smita or Nirmala) from service record for pension and gratuity. Interim directions: additional affidavit by 09.01.2026; notice returnable 22.01.2026; urgent supplementary board; office objections default dismissal 09.01.2026. Bombay HC Writ Petition No.16975 of 2025; Coram Ghuge & Bhobe, JJ.; AGP Priyanka Chavan for State.
What did the court decide?
No final relief; interim order only. Notice issued to the Respondents, returnable on 22nd January, 2026 (para 7); Petition to be listed in the 'urgent supplementary board'; Petitioner to file an additional affidavit on or before 9th January, 2026 (para 5); learned AGP waived service for Respondent Nos.1 to 5 (para 8); Petitioner at liberty to serve Respondent Nos.6 and 7 by all permissible modes (para 9); office objections, if any, to be removed on or before 8th January 2026, failing which the Petition shall stand dismissed without reference to the Court on 9th January, 2026 (para 10).