1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4636 OF 2009 Smt. Vijaya Vedprakash Patil : Petitioner versus Head Master, Bharat Ratna Indira Gandhi Primary School, Solapur : Respondents. Ms Vijaya Patil in Person Mr Nitin Jamdar for Respondent No.3. Mr S R Nargolkar AGP a/w Ms Lata Patne, AGP for the Respondent No.4. CORAM : S B MHASE & R M SAVANT, JJ. DATE : 22nd September 2009 P.C. 1. Heard the Petitioner in person, the learned counsel for Respondent No.3 and the learned AGP for the Respondent No.4. 2. The Petitioner has filed the above petition for claiming family pension. The Petitioner’s unmarried sister was working as an Assistant Teacher with the Respondent­Zilla Parishad, she died unmarried. The claim of the Petitioner is that the Petitioner brought up her deceased sister, and therefore the Petitioner is entitled for family pension. 2 3. We have gone through Rule 116 and Sub­rule 16 (B) of the The Maharashtra Civil Services (Pension) Rules, 1982. Rule 116 (16)(B) defines “Family”. What we find is that the Pension Rules and more specifically the definition of “Family” do not cover a “Sister”, and therefore, in our view, the Petitioner is not entitled to family pension. Hence the above Petition deserves to be rejected on the said ground 4. However, since we have noticed from the grievance of the Petitioner that the Petitioner had brought up her sister and looked after her mother and that she claims that in order to look after these two relations she made a sacrifice by not joining her husband out of which she has a child and at present she is not aware as to who is her husband and what are his whereabouts. And that now she is 60 years old and not able to maintain herself, therefore, we asked the learned AGP to find out whether she can be covered under any other government scheme which is applicable to destitute women such as the Petitioner. 5. The learned AGP Mr.Nargolkar informs us that if the Petitioner is less than 60 years of age, she can avail of the benefit of the scheme of Child and Women Welfare Department of the Government of 3 Maharashtra under which she will get the residential accommodation so also food will be provided to her and vocational training will also be given to her under the said scheme, but it will depend upon her choice whether to stay in the government home or not. The learned AGP Mr Nargolkar also informs us that if a person is more than 60 years of age, there is a scheme of government i.e. Social Justice Department which also provides residential accommodation for the aged persons along with food and other facilities. Both these schemes were pointed out to the Petitioner. But the Petitioner is not ready and willing to take the benefit of any of the said schemes. To the contrary, she states that she is well supported by Goddess Tulja Bhavani and no such help provided under the said Schemes by the Government is necessary. It is therefore clear that when the schemes were pointed out to the Petitioner, she is not ready and willing to avail of the benefit under the said schemes. However, whatever best possible could be done by us for the Petitioner taking a sympathetic approach in the facts and circumstances has been done. We also appreciate the fairness on the part of the Government in disclosing the aforesaid schemes applicable to the Petitioner. We make it clear that even though the Petitioner has now refused to accept any of the government schemes, if she subsequently changes her mind and approaches the government, the government shall make available those 4 schemes to the Petitioner. The learned AGP Mr Nargolkar states that if the Petitioner changes her mind, she may contact the Suprintendent of the Renuka Mata Mahila Vasati Gruh, Solapur for availing the benefit of the said scheme. 6. With the aforesaid observations, the above Petition is dismissed. [R.M.SAVANT, J] [S.B.MHASE, J]