FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. ---------------------------------------------------------------------------------------------------- Office notes, office Memoranda of | coram, appearance, court’s orders | Court’s or Judge’s orders. or directions and Registrar’s orders | WRIT PETITION NO.7576/2008 Rahemunnisa Begum Sk.Abdul Karim. .. Petr. V/s The State of Maharashtra & Ors. .. Respdts. .... ShriS.D.Joshi,Adv.for petitioner. Shri K.B.Choudhari,AGP.forR.1 to 3. .... CORAM : A.P.DESHPANDE & N.D.DESHPANDE,JJ. DATE : 7TH JANUARY,2010. 1] The petitioner claims that her husband was in service in Ex- Hyderabad State in the Customs Department and while being in service, he expired. It is undisputed that the petitioner s husband had served for a period of about 8 years. The petitioner is claiming family pension from the respondent no.1 State of Maharashtra on the basis of guidelines contained in Government Resolution dated 16/4/1984. 2] After notice is issued, the State has filed an affidavit in reply, wherein, it is stated that the Rules for release of family pension have undergone changes from time to time and presently, the Rules framed under Government Resolutions dated 10/1/1996 and 1/9/1999 are in force. There is no challenge to these Rules in the present Petition. 3] In the submission of the learned counsel for the State, the present petitioner is not entitled to family pension, as her deceased husband had not put in minimum qualifying service, under the old Ex-Hyderabad State. Eligibility for pension/family pension is prescribed under Rule 30 of the Maharashtra Civil Services Pension Rules and the same prescribes minimum qualifying service of 10 years. As the claim for family pension is to be considered in the light of the prevailing rules, it can be safely concluded that the petitioner is not eligible for being paid the family pension as she does not fulfill the criterion of the deceased having put in minimum 10 years of service. Be that as it may, the Petition is also filed belatedly. There being no merit in the petition, the same is dismissed summarily. [N.D.DESHPANDE] [A.P.DESHPANDE] JUDGE JUDGE umg/wp7576-08