Case Note & Summary
The petitioners, Sau. Saroj Wd/o Magan Damare and Sekhar Magan Damare, filed a writ petition before the Bombay High Court, Bench at Aurangabad, seeking compassionate pension. Petitioner No.1 is the widow of Magan Damare, who served as a Chaukidar/Watchman with respondent No.3 from 20th November 1981. He was dismissed from service on 6th March 2002 due to unauthorised absenteeism after a departmental enquiry. Magan did not challenge the dismissal order and died on 5th April 2012. Petitioner No.1 applied for compassionate pension on 16th November 2012, but was informed by letter dated 21st November 2012 that under Rule 45 of the Maharashtra Civil Services (Pension) Rules, 1982, she was not entitled to pension because her husband was dismissed from service. The petitioners argued that the family suffered mentally and economically and that petitioner No.1 had no source of income. The court, however, noted that the dismissal order was not challenged and that Rule 45 clearly disentitles a dismissed employee's family to pension. The court dismissed the petition, holding that no compassionate pension can be granted.
Headnote
A) Service Law - Compassionate Pension - Dismissal from Service - Rule 45 of Maharashtra Civil Services (Pension) Rules, 1982 - The petitioner, widow of a dismissed employee, sought compassionate pension. The court held that since the husband was dismissed from service for unauthorised absenteeism and did not challenge the dismissal order, the family is not entitled to pension under Rule 45. The petition was dismissed. (Paras 1-5)
Issue of Consideration
Whether the widow of a dismissed employee is entitled to compassionate pension under the Maharashtra Civil Services (Pension) Rules, 1982.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Compassionate pension
- Dismissal from service
- Rule 45 of Maharashtra Civil Services (Pension) Rules
- 1982
- Unauthorised absenteeism
- No challenge to dismissal order
Case Details
2023 LawText (BOM) (01) 1
Writ Petition No. 5750 of 2021
Ravindra V. Ghuge, Sanjay A. Deshmukh
Mr. S. P. Brahme h/f Mr. G. D. Jain for petitioners; Mr. S. G. Sangle, AGP for Respondent No.1; Mr. S. W. Munde for Respondent No.3
Sau. Saroj Wd/o Magan Damare and Sekhar Magan Damare
The Superintending Engineer, Aurangabad Irrigation Board; The Sub Divisional Officer, Minor Irrigation Sub Division No. 2; The Executive Engineer, Nandur Madhmeshwar Canal Division
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Nature of Litigation
Writ petition seeking compassionate pension for widow of dismissed employee.
Remedy Sought
Petitioners prayed for granting of compassionate pension to petitioner No.1, widow of deceased Magan Damare.
Filing Reason
Petitioner No.1's husband was dismissed from service and died; she applied for compassionate pension but was rejected under Rule 45 of Maharashtra Civil Services (Pension) Rules, 1982.
Previous Decisions
The dismissal order dated 6th March 2002 was not challenged. The application for compassionate pension was rejected by letter dated 21st November 2012.
Issues
Whether the widow of a dismissed employee is entitled to compassionate pension under the Maharashtra Civil Services (Pension) Rules, 1982.
Submissions/Arguments
Petitioners contended that the husband served for 22 years and the family suffered mentally and economically; petitioner No.1 had no source of income. Respondents argued that under Rule 45, a dismissed employee's family is not entitled to pension.
Ratio Decidendi
Under Rule 45 of the Maharashtra Civil Services (Pension) Rules, 1982, a government servant dismissed from service is not entitled to pension, and consequently, the family of such dismissed employee is also not entitled to compassionate pension. The dismissal order not having been challenged, the claim fails.
Judgment Excerpts
By this petition, the petitioners have prayed for granting of compassionate pension as petitioner No.1 is the widow of deceased Magan Damare, who had served with respondent No.3 as a Chaukidar / Watchman.
However, by letter dated 21st November, 2012, it was communicated to petitioner No.1 that, as per Rule 45 of the Maharashtra Civil Services (Pension) Rules, 1982 her husband was dismissed from service and therefore, she is not entitled for pension.
In the light of the above, we do not find any substance in the petition. The petition is dismissed.
Procedural History
The husband Magan Damare was dismissed from service on 6th March 2002. He died on 5th April 2012. Petitioner No.1 applied for compassionate pension on 16th November 2012, which was rejected on 21st November 2012. The petitioners then filed Writ Petition No. 5750 of 2021 before the Bombay High Court, which was heard and dismissed on 10th February 2023.
Acts & Sections
- Maharashtra Civil Services (Pension) Rules, 1982: Rule 45
