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 in a Zilla Parishad school, died on 7 April 2020 while in service. The son was a bachelor and governed by the old pension scheme. The school forwarded a pension proposal on 22 May 2023, but on 18 March 2024, the office of India Audit and Accounts rejected it on the ground that the petitioner had three surviving daughters. The court, on 15 June 2026, noted that the rejection communication lacked reasons and directed the respondents to reconsider. The court held that the mother, being a dependent, is entitled to family pension, and the presence of surviving daughters does not disentitle her. The petition was allowed, and the respondents were directed to grant family pension to the petitioner.
Headnote
A) Family Pension - Eligibility of Mother - Dependent Mother - Maharashtra Zilla Parishad Employees Pension Rules, 1979 - The court considered whether a 75-year-old mother of a deceased bachelor employee is entitled to family pension despite having three surviving daughters. The court held that the mother, being a dependent, is entitled to family pension as per the rules, and the rejection on the ground of surviving daughters was not justified. (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, and directed the respondents to grant family pension to the petitioner within a reasonable time.
Law Points
- Family pension eligibility
- dependent mother
- surviving daughters
- Maharashtra Zilla Parishad Employees Pension Rules
- 1979
Case Details
2026 LawText (BOM) (07) 136
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 India Audit and Accounts on 18 March 2024; no prior court decisions.
Issues
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.
Submissions/Arguments
Petitioner argued that she is a 75-year-old dependent mother of a deceased bachelor employee and is entitled to family pension.
Respondent-State initially rejected the claim on the ground that petitioner had three surviving daughters, but did not provide reasons in the communication.
Ratio Decidendi
The mother of a deceased bachelor employee is a dependent entitled to family pension under the Maharashtra Zilla Parishad Employees Pension Rules, 1979, and the presence of surviving daughters does not disentitle her.
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 judgment on 2 July 2026.
Acts & Sections
- Maharashtra Zilla Parishad Employees Pension Rules, 1979:
