Parents of deceased “unmarried” employee are eligible for pension – Rule 116(16)(b) of the MCS (Pension) Rules, 1982
Mangesh unmarried biological son of the petitioners was working in the School since 15.6.1999. On 3.10.2008, Mangesh passed away due to snake bite in the premises of the school.
The petitioners are denied pension on the ground that the definition of “family” does not admit biological parents of deceased unmarried employee under Rule 116(16)(b) of the MCS Pension Rules, 1982.
However, the Government Resolution dated 22.1.2015 provided for family pension to the wholly dependant parents of a deceased “single” government employee.
According to the respondents, the said Resolution is not retrospectively applicable to the case of the petitioners.
HELD, relying on the judgment in Vimalbai Supdu Patil case (2016 (6) Mh LJ 191), that the right to life with dignity guaranteed by Article 21, encompasses more than just the right to exist; it includes the right to live a meaningful and fulfilling life. This right extends to ensuring basic necessities, access to means of sustenance, decent and dignified standard of living including food, shelter and other essential needs.
Law must ensure that the dependent parents of deceased unmarried employee receive pension, if they have to keep their “mind, body and soul” together.
Judgment dated 25.4.2025 of the High Court of Bombay in Writ Petition No.18230 of 2024 of Vasantrao Shamrao Deshmukh and another Vs. State of Maharashtra and others.
