Dependent Parents of Unmarried Government Employees Can Get Family Pension, Says Bombay High Court
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In an important decision, the Bombay High Court has ruled that dependent parents of an unmarried government employee who has passed away are eligible to receive family pension.
Elderly Parents Fought for Their Rights
This ruling came in response to a case filed by a 75-year-old couple from Akola, Vasantrao Deshmukh and his wife Snehalata. Their son died in October 2008 after being bitten by a snake while working as a government employee at a tribal school. Since he was unmarried and the couple depended on him for financial support, they applied for a family pension.
In 2010, they approached the local Integrated Tribal Development Project (ITDP) office, asking for pension support. However, they were told that biological parents of a deceased government employee are not entitled to family pension, according to existing rules at that time.
Government Resolution Provided Hope
The couple did not give up. They cited a Government Resolution (GR) issued by the Maharashtra Finance Department on January 22, 2015, which clearly stated that family pension should be given to fully dependent parents of a deceased single (unmarried) government employee.
Despite this, the Maharashtra government opposed the claim, saying that the 2015 resolution could not be applied to cases where the government employee died before the GR was issued. They also said that the 1982 Pension Rules did not include biological parents in the definition of “family” for pension purposes.
High Court Sides with the Parents
After listening to both sides, the division bench of Justices Ravindra Ghuge and Ashwin Bhobe ruled in favor of the elderly couple. The court said that the purpose of the 2015 GR is to support helpless and aged parents, and it should be applied to parents who are still alive on the date of the GR—even if their child died before the GR was issued.
The judges strongly stated,
“If dependent parents have to keep their mind, body and soul together, law must ensure that they receive pension for sustenance.”
Court Orders Pension and Arrears
The court has now directed the Maharashtra government to approve the pension application, pay all the pending arrears, and start regular monthly pension payments from July 2025.
