Case Note & Summary
The petitioner, Surekha Yashwant Pilankar, a 75-year-old mother, filed a writ petition challenging the denial of family pension after her son, a Junior Clerk employed with Respondent No.5 school at Ratnagiri, died on 7 April 2020 while in service. The deceased was a bachelor and governed by the old pension scheme due to his appointment on 1 February 1995. The school forwarded a pension proposal on 22 May 2023 to the Education Officer, but on 18 March 2024, the office of India Audit and Accounts rejected the proposal on the ground that the petitioner had three surviving daughters. The petitioner approached the High Court. The court, after hearing the parties, found the rejection order lacked reasons and was perplexing. The court directed the respondents to reconsider the proposal and grant family pension to the petitioner, holding that the mother is a dependent and entitled to family pension. The court allowed the petition and made the rule absolute.
Headnote
A) Pension Law - Family Pension - Eligibility of Mother - Maharashtra Zilla Parishad Employees Pension Rules - The court considered whether a 75-year-old mother of a deceased bachelor employee is entitled to family pension despite the existence of three surviving daughters of the deceased. The court held that the mother, being a dependent, is entitled to family pension as the primary dependent, and the rejection on the ground of surviving daughters was unsustainable. (Paras 1-4)
Issue of Consideration
Whether the mother of a deceased bachelor employee is entitled to family pension when the deceased employee has surviving sisters (daughters of the mother) who are also dependents?
Final Decision
The court allowed the writ petition, set aside the rejection order, and directed the respondents to reconsider the proposal and grant family pension to the petitioner within a reasonable time.
Law Points
- Family pension eligibility
- dependent mother
- surviving daughters
- old pension scheme
- Maharashtra Zilla Parishad Employees Pension Rules
Case Details
2026 LawText (BOM) (07) 111
WRIT PETITION NO. 5302 OF 2025
Milind N. Jadhav, Nandesh S. Deshpande
Mr. Siddhesh Pilankar for the Petitioner, Ms. Tejas J. Kapre, AGP for the Respondent-State, Mr. Rugved R. Kinkar, Court appointed Advocate
Surekha Yashwant Pilankar
The State of Maharashtra and Others
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Nature of Litigation
Writ petition challenging denial of family pension to mother of deceased employee.
Remedy Sought
Petitioner sought grant of family pension as dependent mother of deceased bachelor employee.
Filing Reason
Rejection of family pension proposal on ground that petitioner had three surviving daughters.
Previous Decisions
Pension proposal rejected by office of India Audit and Accounts on 18 March 2024.
Issues
Whether the mother of a deceased bachelor employee is entitled to family pension when the deceased employee has surviving sisters?
Whether the rejection of family pension on the ground of surviving daughters is valid?
Submissions/Arguments
Petitioner argued that she is a 75-year-old dependent mother and the deceased was a bachelor, hence she is entitled to family pension.
Respondent-State initially rejected the proposal on the ground that petitioner has three surviving daughters, but did not provide reasons.
Ratio Decidendi
The mother of a deceased bachelor employee is a dependent and entitled to family pension under the old pension scheme; the existence of surviving daughters does not disentitle the mother from receiving family pension.
Judgment Excerpts
Challenge in the present writ petition is to denial of family pension to the Petitioner, who is a 75 year old mother of deceased employee who was working as Junior Clerk in Respondent No.5-school at Ratnagiri.
the family pension proposal of Petitioner stood rejected on the ground that Petitioner had 3 surviving daughters.
Procedural History
Petitioner's son died on 7 April 2020. Pension proposal forwarded on 22 May 2023. Rejected on 18 March 2024. Writ petition filed in 2025. Heard on 15 June 2026 and final order on 2 July 2026.
Acts & Sections
- Maharashtra Zilla Parishad Employees Pension Rules:
