Family Pension for Dependent Mother Cannot Be Rejected Due to Surviving Children: Bombay HC

Case Title: Surekha Yashwant Pilankar vs State of Maharashtra & others

Case No.: WRIT PETITION NO. 5302 OF 2025

Coram: Justice Milind N. Jadhav and Justice Nandesh S. Deshpande

Court Observation

“Explanation-I to Rule 116(16) (b)(iv) of the Pension Rules, 1982 will have to be construed as being a benevolent piece of legislation enacted for the purpose of grant of pensionary benefits to a dependent parent and the words ‘only surviving child’ will have to be understood and interpreted in a manner which will not exclude a dependent parent despite the said parent having 4 other children,”

“What is implied is that the term ‘only surviving child’ is in consonance with the term ‘wholly dependent parents’ and it will have to be understood as no other child who is able to provide economic assistance to the parents,”

“In the present case, considering that all 3 sisters of the deceased are married and admittedly Petitioner mother lived with her only son and was dependent on him, Petitioner cannot be deprived of the said statutory benefit,”

“This right to receive family pension by the dependent parents emanates from the right to life with dignity guaranteed by Article 21 of the Constitution of India which encompasses more than just the right to exist as it also includes a right to live a meaningful and fulfilling life,”

“We direct the competent authorities, namely, Respondent Nos.2, 4 and any other Respondent who would be required to grant approval to the family pension proposal dated 22.05.2023 of Petitioner within a period of 2 weeks from the date of receipt of a server copy of this order.”

Family Pension for Dependent Mother Cannot Be Rejected Due to Surviving Children: Bombay HC