Smt. Faruque Lailunihar Anis-Ul Haq vs The State Of Maharashtra & Ors.

ORAL JUDGMENT : [PER : NITIN B. SURYAWANSHI, J.]

Rule. Rule made returnable forthwith. Heard finally by the consent of the parties at admission stage.

Petitioner, widow of an employee who was receiving regular family pension after death of her husband, is before this Court challenging the action of respondent No.2 thereby returning the proposal submitted by respondent No.3 Principal of College in which her husband was working as ‘Assistant Professor’, to award her pension as per the 7^th Pay Commission, on the ground that since the husband of petitioner was confirmed in the service on condition to produce the caste validity certificate, the said certificate be submitted and revised pay fixation be done.

Admittedly, husband of the petitioner stood retired on superannuation on 31^st March, 2018 and he expired on 29^th September, 2018. After his death family pension was applied for by the petitioner and the same was being paid to her as per the 6^th Pay Commission. During the period of service of husband of the petitioner, at no point of time it was insisted by the respondents that caste validity certificate should be submitted by him. Even during the lifetime of petitioner, while granting pension and paying retiral benefits the said objection was not raised.

In this way of the matter, insisting the petitioner to produce caste validity certificate of her deceased husband is arbitrary and unacceptable in the facts of the present case. Petitioner cannot be insisted to produce caste validity certificate of her deceased husband. In that view of the matter, we are inclined to partly allow the petition.

In the result, the writ petition is partly allowed. The condition mentioned in the communication dated 27^th May, 2025 by respondent No.2 that the petitioner should produce caste validity certificate of her deceased husband, is hereby quashed and set aside. Respondent No.3 Principal should revise the pay fixation of petitioner’s husband and resubmit the proposal within a period of eight weeks from today. On receipt of such proposal, respondent No.2 shall process it and forward the same to respondent No.4 within a period of eight weeks thereafter. Respondent No.4 shall award family pension as per the 7^th Pay Commission to the petitioner within a period of six weeks thereafter. Rule is made absolute in the above terms. No order as to costs.