The Bombay High Court ruled that dependent parents of a deceased, unmarried government employee are entitled to a family pension. This decision ensures financial support for elderly parents left behind after their child’s death.
Mumbai: The Bombay High Court ruled that dependent parents of a deceased, unmarried government employee are entitled to a family pension.
A division bench of Justices Ravindra Ghuge and Ashwin Bhobe stated,
“We sincerely believe that if dependent parents have to keep their mind, body and soul together, law must ensure that they receive pension for sustenance,”
They directed the Maharashtra government to process the family pension application of a septuagenarian couple from Akola, who lost their son in 2008.
Vasantrao Deshmukh, 75, and his wife Snehalata, 75, filed a petition claiming they were denied family pension after their unmarried son died from a snake bite while working at a tribal school in October 2008.
Two years later, in September 2010, they approached the project officer of the local Integrated Tribal Development Project (ITDP) for the pension.
However, in November 2010, the authorities informed the couple that biological parents of a deceased state government employee were ineligible for family pension, prompting them to seek relief from the high court.
The petitioners’ advocates referenced a government resolution (GR) dated January 22, 2015, from the state finance department, stating that family pensions should be granted to “wholly dependent parents of a deceased single government servant.”
The state government opposed the petition, arguing that biological parents do not fall under the definition of family according to the Maharashtra Civil Services (Pension) Rules, 1982, and claimed the 2015 GR could not be applied retroactively.
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After considering both sides, the bench ruled that the couple was entitled to the family pension, noting that the GR aimed to provide social security for helpless aged parents.
It concluded that the GR should apply to dependent parents living at the time of its issuance, even if their only child had passed away prior to that date.
The court instructed the state government to approve the couple’s application, pay any arrears owed, and initiate regular pension payments starting from July 2025.