Baby Wd/O Pisaram Satmohankar v. Union Of India, Thr. Secretary, Dept. Of Ministry Of Railway, New Delhi And ORS.

1 945wp1149.2024.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO. 1149 OF 2024 (Baby wd/o. Pisaram Satmohankar...Vs.. Union of India and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.D. Chande, counsel for petitioner, Mr. N.S. Deshpande, DSGI for Union of India.

CORAM : NITIN W. SAMBRE & ABHAY J. MANTRI , J J .

DATED : 25-04-2024 Mr. Pisaram, an employee of respondents died on 16.9.2018. Predeceased was his first wife, who expired on 16.1.2002.

2.

Petitioner got married on 22.1.2003.

3.

Post death of Pisaram, petitioner sought family pension which is refused on the count that children who were born from first wife Sushila are also entitled for 50% family pension.

4.

A reliance is placed by respondents on Rule 54 sub-rule 7 of the Central Civil Services (Pension) Rules, 1972.

5.

It is the contention of learned counsel for petitioner Mr. S.D. Chande that the children born to first wife Sushila are grown up and are already married and as such, cannot be said to be eligible.

2 945wp1149.2024. 6.

In the aforesaid background, we deem it appropriate to grant leave to implead the children born to first wife Sushila as party respondent No. 4 onwards. 7.

Amendment to be carried out forthwith.

8.

Issue notice to newly added respondents returnable in six weeks.

9.

Service by private mode of service is permitted. 10.

In the meantime, we also direct respondent employer to find out from the children born to first wife as to whether they are eligible for family pension. 11.

Let the aforesaid exercise be completed by 24.6.2024.

12.

List on 27.6.2024.

(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) Belkhede Signed by: Mr. R. S. Belkhede Designation: PA To Honourable Judge Date: 25/04/2024 18:29:33