Bombay High Court

ACCOUNTS OFFICE (ESTABLISHMENT) PRINCIPAL GEN. MANAGER TELECOM BHARAT SANCHAR NIGAM LTD.versusKIRAN NEELKANTH JOSHI AND ANR

Decided: 4 March 2026
Disposal: Disposed Off
Bench: HON'BLE THE CHIEF JUSTICE GAUTAM A ANKHAD

Holding

The petition is dismissed; the employer must honor the family pension to the younger daughter as ordered by the tribunal.

Summary

The Principal General Manager Telecom of Bharat Sanchar Nigam Ltd. filed a writ petition challenging an order that granted family pension to the younger daughter of a deceased employee. The petitioner argued that the employer could not alter the pension scheme and that the elder daughter, who was still dependent, should continue to receive the pension. The tribunal had relied on the Central Civil Services (Pension) Rules, 2021 and a provision of the 1972 Rules, as well as a Karnataka High Court decision, to allow the younger daughter to receive the pension after the elder daughter gave a no‑objection certificate. The High Court observed that the petitioner had not proved that the elder daughter was still dependent or not earning a livelihood, and that the no‑objection certificate should be accepted. Emphasising the benevolent purpose of family pension, the Court found no ground to interfere with the tribunal’s order. Consequently, the writ petition was dismissed.

Issues considered

Whether the employer can deviate from the Central Civil Services (Pension) Rules in granting family pension to a younger daughter.
Whether the elder daughter's no‑objection certificate suffices to discontinue her entitlement to family pension.
Whether the tribunal’s interpretation of the pension rules and the cited Karnataka High Court decision is correct.

Legislation cited

Central Civil Services (Pension) Rules, 1972 — s. Rule 54(11)

Subjects

family pension
dependents
Central Civil Services (Pension) Rules
no‑objection certificate
BSNL
tribunal order
writ petition

Judgment

19-WP.7018.2025.doc

JVS.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 7018 OF 2025

Accounts Office (Establishment) }
Principal General Manager Telecom }
Bharat Sanchar Nigam Ltd. } Petitioner
Versus
Kiran Neelkanth Joshi & Anr. } Respondents

Ms. Martina Sapkal with Ms. Namrata Kharat i/b.
M/s.Arun Sapkal & Co., Advocates for the Petitioner.
Mr. Harshad M. Inamdar, Advocate for Respondent No. 1.

CORAM: SHREE CHANDRASHEKHAR, CJ. &
GAUTAM A. ANKHAD, J.

DATE: 4th MARCH 2026

P.C.:
Challenging the order dated 10th January 2025 passed in
Original Application No. 792 of 2024, the Principal General
Manager Telecom, Bharat Sanchar Nigam Limited has filed this writ
petition.

2. The submission made by Ms. Martina Sapkal, the learned
counsel for the petitioner is that the Employer is bound to follow
the Pension Rules and it is not within its jurisdiction to change the
scheme in the Pension Rules which provides that the family
pension shall be paid to the elder daughter of the age of 25 years of
the deceased employee till she is married or remarried or has
started earning her livelihood.

3. The Central Civil Services (Pension) Rules, 2021 provides
under Chapter VIII that the elder daughter of the deceased
employee shall be entitled to the family pension till she has got
married or remarried or has started earning her livelihood
whichever is the earlier and the younger of the daughters will be

1
19-WP.7018.2025.doc

eligible for family pension after the elder next above her got married
or remarried or has started earning her livelihood or has died.
Admittedly, the elder daughter of the deceased employee furnished
her no-objection certificate for providing the family pension to her
younger sister. The Tribunal has referred to several
communications between the parties in this regard. The Tribunal
has also referred to sub-Rule (11) of Rule 54 of the Central Civil
Services (Pension) Rules, 1972 and the decision of Karnataka High
Court in “Rajeshwari & Ors. v. Silvia Florance & Ors.” in Regular
Second Appeal No. 797 of 2002 decided on 22 nd November 2002 and
arrived at a conclusion that the prayer seeking grant of family
pension to younger daughter of the deceased employee shall be
granted. This is not the case pleaded by the petitioner-Telecom
Department that the elder daughter of the deceased employee is
still dependent and not earning her livelihood or, that, she is yet
unmarried.

4. The family pension to the wife and minor children of the
deceased employee and to other dependents of the deceased
employee as provided under the Pension Rules are beneficial
legislations. The benefit of family pension which is intended to
support the family of the deceased employee should not be denied
on some technical objections. When it is not pleaded before the
Tribunal by the petitioner that the elder daughter of the deceased
employee is still not earning her livelihood, the no-objection
certificate furnished by her should have been accepted by the
Employer. Having regard to the object behind the family pension
and the entitlement of the younger daughter of the deceased
employee under the Family Pension Rules, we see no reason to
interfere in this matter.

4. Writ Petition No. 7018 of 2025 is dismissed.

[GAUTAM A. ANKHAD, J.] [CHIEF JUSTICE]
Digitally signed
by PRAVIN
PRAVIN DASHARATH
DASHARATH PANDIT
PANDIT Date:
2026.03.09
14:05:48 +0530 2

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