1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No. 1249 of 09 Ashish v. State and ors ------------------------------------------------------------------------------------------------------------- - Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr V.N. Morande, Adv for petitioner. Mr N.W. Sambre, GP for respdts 1 to 3. Ms P.D. Rane, Adv for respondent no.4. Coram : D.D. Sinha and A.P. Bhangale, JJ Dated : 24th March 2009 1. Heard Mr V.N. Morande, learned counsel for petitioner; Mr N.W. Sambre, learned Government for respondents no.1 to 3 and Ms P.D. Rane, learned counsel for respondent no.4. Writ Petition is directed against the order passed by the Maharashtra Administrative Tribunal dated 25.11.2008 whereby Original Application of the petitioner is dismissed in view of rule 116 (7) of the Maharashtra Civil Services (Pension) Rules, 1982. 2. Considered the contentions canvassed by learned counsel for the respective parties and perused the relevant rule. It is not in dispute that as per the said rule, only one, that too, 2 the eldest member of the family left behind by the deceased who was the Government servant, is entitled for family pension. In the instant case, widow of the deceased was given said pension and not the petitioner who is son of the deceased employee. 3. In the circumstances, conclusions recorded by the Tribunal are sustainable in law. No case is made out for showing indulgence. Writ Petition is dismissed. Judge. Judge. hsj