YASHODHARA VISHNUPANT BHALERAOversusUNION OF INDIA THROU. DEPT OF TELECOMMUNICATION E TELECOM TRANSFORMATION CENTER AND ORS

                                                                                             8.WP16644_2025.DOC
2026:BHC-AS:31796-DB


         Vidya Amin


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION

                                      WRIT PETITION NO. 16644 OF 2025

              Yashodahara Vishnupant Bhalerao                                           … Petitioner
                    Versus
              Union of India, through Dept. of Telecommunication
              & Ors.                                                                    … Respondents
                                                _________
              Mr. Amar Gharte a/w. Ms. Anjali Shaw i/b. Kavita Vijapure for the petitioner.
              Ms. Leena Patil for the respondents.
                                                __________
                                                       CORAM:          G. S. KULKARNI &
                                                                       AARTI SATHE, JJ.
                                                       DATE:           27 JULY 2026

              P.C.


              1.      This petition under Article 226 of the Constitution of India is filed

              praying for the following reliefs:


                      “a)     This Hon’ble Court be pleased to call for record and proceedings from
                      the respondent authorities pertaining to impugned communication and after
                      going through the legality, validity and propriety of the same, hold and declare
                      that the petitioner is entitled for family pension being a sister of the deceased
                      pensioner employee of BSNL under Clause (iv) of sub-rule 6 of Rule 50 of
                      Central Civil Service (Pension) Rules, 2021.

                      b)     This Hon’ble Court be further pleased to quash and set aside
                      communication dated 07.10.2025 a/w. letter dated 25.09.2025 sent by
                      respondent no. 3.

                      c)      This Hon’ble Court be pleased to direct the respondents to grant
                      ‘Family Pension’ to the petitioner being a sister of the deceased pensioner
                      employee of BSNL under Clause (iv) of sub rule 6 of Rule 50 of Central Civil
                      Service (Pension) Rules, 2021.”


              2.      As gathered from the record, the petitioner is receiving family pension,

              being the sister of the deceased pensioner – employee of BSNL. The petitioner is

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70 years in age. The petitioner’s sister Smt. Surekha Vishnupant Bhalerao was

working as a Senior Telecom Assisting Officer (TOA) (P) under the Ministry of

Communications. She retired from her service on superannuation on 30 June,

2015. After her retirement, she was paid pension in accordance with the Central

Civil Service (Pension) Rules, 2021 with effect from 1 July, 2015. Smt. Surekha

Bhalerao expired on 11 May, 2025. The petitioner contends that she is unmarried

and was residing with the deceased sister. So also they have three brothers,

namely, Sanjay Vishnupant Bhalerao, Rajiv Vishnupant Bhalerao and Shailesh

Vishnupant Bhalerao, who were also residing with her and are unmarried. The

petitioner contends that she has no source of income for livelihood and was

wholly dependent on the deceased sister. The petitioner, being the senior citizen,

is also suffering from physical ailments.


3.     It is the petitioner’s case that on such backdrop, she filed an application on

10 June, 2025 for family pension to the petitioner under the provisions of Central

Civil Service (Pension) Rules, 2021 along with all necessary documents, as the

petitioner was under the impression that being the dependent sister of the

deceased employee, she will be entitled to family pension.          However, such

application has not been considered and/or was rejected by the respondents by

applying the provisions of Rule 50(6)(iv) of the Central Civil Service (Pension)

Rules, 2021 read with Rule 50(11).


4.     Learned counsel for the petitioner has submitted that although there is no

mental or physical disability because of the old age of the petitioner, such


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disability is required to be construed by the Court and accordingly, the rule would

be required to be read. We do not agree.


5.     Ms. Patil, learned counsel for the respondent has opposed this petition.

The opposition of Ms. Patil, learned counsel for the respondent relying on the

reply affidavit of Mr. Shashank Bhardwaj, Joint Controller of Communication

Accounts, Government of India, Ministry of Communication, in which it has

been categorically contended that the petitioner would not           be entitled for

pension, as the petitioner does not have any physical or mental disability at any

point of time.


6.     Having perused the relevant rule as set out in the reply affidavit, it is clear

that the family pension was payable under Rule 50(6)(iv) of the Central Civil

Service (Pension) Rules, 2021 to the dependent siblings (i.e., brother or sister) of

the deceased Government servant or pensioner, suffering from a “mental or

physical disability”. Similarly, Rule 50(11)(a) provides that where a deceased

Government servant or pensioner is not survived by a widow or widower or a

child or parents eligible for family pension or if the widow or widower, children

and parents of the Government servant or pensioner cease to be eligible for family

pension, the family pension at the rate specified in sub-rule (2) shall be payable to

the dependent siblings suffering from a “mental or physical disability”, of the

Government servant or pensioner for life if the siblings were wholly dependent

upon the Government servant or pensioner immediately before his or her death.




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                        7.       In the present case, admittedly there is nothing on record to indicate that

                        the petitioner at any point of time was suffering from any mental or physical

                        disability. Merely the petitioner is a senior citizen, would not permit us to observe

                        that she is in mental or physical disability as required under the Rules. The

                        petitioner accordingly had been rightly held not to be eligible for pension. The

                        petition is devoid of merits. Hence, dismissed. No costs.




                        (AARTI SATHE, J.)                                        (G. S. KULKARNI, J.)




Signed by: Vidya S. Amin                                    Page 4 of 4
Designation: PS To Honourable Judge                        27 July 2026
Date: 03/08/2026 17:44:07