Case Note & Summary
The petitioner, Surekha Yashwant Pilankar, a 75-year-old widow, filed a writ petition challenging the denial of family pension following the death of her son, a bachelor employee who worked as a Junior Clerk at Respondent No. 5 school in Ratnagiri. Her son died on 7 April 2020 while in service, 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. However, 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 was informed of the rejection without any detailed reasoning. Aggrieved, she approached the High Court. The court, after hearing the advocates, noted that the communication rejecting the pension did not provide any basis for the decision. The court observed that the petitioner, being the mother and sole dependent of the deceased bachelor employee, was entitled to family pension. The rejection based solely on the existence of surviving daughters was unreasonable, as the daughters were not dependents. The court allowed the petition, set aside the rejection, and directed the respondents to grant family pension to the petitioner within eight weeks.
Headnote
A) Family Pension - Dependent Mother - Rejection on Ground of Surviving Daughters - Maharashtra Zilla Parishad Pension Rules - The court considered whether the rejection of family pension to a 75-year-old mother of a deceased bachelor employee, solely because she had three surviving daughters, was valid. Held that the rejection was unreasonable and unsustainable as the daughters were not dependents and the mother was the sole dependent. (Paras 1-6)
Issue of Consideration
Whether the denial of family pension to the petitioner, the mother of a deceased bachelor employee, on the ground that she has three surviving daughters is legally sustainable.
Final Decision
The court allowed the writ petition, set aside the rejection order, and directed the respondents to grant family pension to the petitioner within eight weeks from the date of the order.
Law Points
- Family pension
- dependent mother
- bachelor employee
- surviving daughters
- rejection unreasonable
- Maharashtra Zilla Parishad Pension Rules
