6.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6846 of 2025 Ashok Totaram Marsale. ...Petitioner Vs. Union of India & Ors. ...Respondents _________ Mr. Rahul R. Patil (through V.C.), for the Petitioner. Mrs. Anjali N. Helekar with Ms. Anu C. Kaladharan, for Respondents.. __________ CORAM: G. S. KULKARNI & AARTI SATHE, JJ. DATE: 27 JULY 2026. P.C. 1. We have heard learned Counsel for the parties. 2. This petition under Article 226 of the Constitution of India is filed praying for the following substantive reliefs:- “a)that this Hon’ble Court be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other writ, order or direction, calling for the papers and proceedings of the petitioners case and after considering the correctness and veracity of the impugned orders dated 13th January 2020 (Exhibit ‘I’) and 14th August 2020 (Exhibit ‘Q’), this Hon’ble Court be pleased to quash and set aside the impugned orders dated 13th January 2020 (Exhibit ‘I’) and 14th August 2020 (Exhibit ‘Q’); b) that this Hon’ble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other writ, order or direction, ordering and directing the Respondents to make payment of pension to the petitioner as per the recommendations made by the Senior Divisional Medical Officer, Central Railway, Bhusawal vide his letter dated 29th May 2020 (Exhibit ‘L’) and in accordance with the Railway Pension Manual, 1993;” 3. A reply affidavit on behalf of the respondents is placed on record to contend that the petition is not maintainable in view of availability of an efficacious alternative remedy. It is also contended that the petitioner is not 27 July 2026 P. V. Rane PRASHANT VILAS RANE Digitally signed by PRASHANT VILAS RANE Date: 2026.08.04 09:59:25 +0530 6.DOC eligible for family pension under Rule 75(6) of the Railway Services (Pension) Rules 1993 (for short ‘Rules’). Rule 75 of the Rules provides for Family Pension Scheme for Railway Servants, 1964. The Rule 75(6) as quoted by the petitioner is required to be noted which read thus: "75. Family Pension Scheme for railway servants, 1964: - (1) The provisions of this rule shall apply: - .. .. … .. … .. .. (6) The period for which family pension is payable shall be as follows:-- (i) subject to first proviso, in the case of a widow or widower, up to the date of death or remarriage, whichever is earlier; (ii) subject to second proviso, in the case of an unmarried son, until he attains the age of twenty-five years or until he gets married or until he starts earning his livelihood, whichever is the earliest; (iii) or subject to second and third provisos, in the case of an unmarried or widowed divorced daughter, until she gets married or remarried or until she starts earning her livelihood, whichever is earlier; (iv) subject to sub-rule (10 A), in the case parents, who were wholly dependent on the railway servant immediately before the death of the railway servant, for life; (v) subject to sub-rule (10 B) and the fourth proviso, in the case of disabled siblings (i.e. brother and sister) who were dependent on the railway servant immediately before the death of railway servant, for life: Provided that family pension shall continue to be payable to a childless widow on remarriage, if her income from all other sources is less than the amount of minimum family pension under sub-rule (2) of this rule and the dearness relief admissible thereon: Provided further that if the son or daughter of a railway servant is suffering from any disorder or disability of mind including the mentally retarded or is physically crippled or disabled so as to render him or her unable to earn a living even after attaining the age of twenty five years, the family pension shall be payable to such son or daughter for life subject to the following conditions, namely :- (a) if such son or daughter is one among two or more children of the railway servant, the family pension shall be initially payable to the minor children (mentioned in clause (ii) or clause (iii) of this sub-rule) in the order set out in clause (iii) of sub-rule (8) of this rule until the last child attains the age of twenty- five years and thereafter the family pension shall be resumed in favour of the son or daughter suffering from disorder or disability of mind, including the mentally retarded, or who is physically crippled or disabled and shall be payable to him or her, for life; (b) if there are more than one such children suffering from disorder or disability of mind including the mentally retarded or who are physically crippled or disabled, the family pension shall be paid in the order of their birth and the younger of them shall get the family pension only after the elder next above him or her ceases to be eligible: …. …. … (d) before allowing the family pension for life to any such son or daughter, the appointing authority shall satisfy that the handicap is of such a nature so as to prevent him or her from earning his or her livelihood and the same shall be evidenced by a certificate obtained from a Medical Board comprising of a Medical 27 July 2026 P. V. Rane 6.DOC Director or a Chief Medical Superintendent or incharge of a Zonal Hospital or Division or his nominee as Chairperson and two other members, out of which at least one shall be a specialist in the particular area of mental or physical disability including mental retardation setting out, as far as possible, the exact mental or physical condition of the child; Explanation 1.- An unmarried son or an unmarried or widowed or divorced daughter, except a disabled son or daughter become ineligible for family pension under this sub-rule from the date he or she gets married or remarried. Explanation 2.- The family pension payable to such a son or a daughter or parents or siblings shall be stopped if he or she or they start earning his or her or their livelihood. Explanation 3.- It shall be the duty of son or daughter or siblings or the guardian to furnish a certificate to the Treasury or Bank, as the case may be, once in a year that, (i) he or she has not started earning his or her livelihood, and (ii) he or she has not yet married or remarried and a similar certificate shall be furnished by a childless widow after her re-marriage or by the disabled son or daughter or parents to the Treasury or Bank, as the case may be, once in a year that she or he or they have not started earning her or his or their livelihood. Explanation 4.- For the purpose of this sub-rule, a member of the family shall be deemed to be earning his or her livelihood if his or her income from other sources is equal to or more than the minimum family pension under sub-rule (2) of this rule and the dearness relief admissible thereon. Explanation 5.- Parent shall be deemed to be dependent on the railway servant if their combined income is less than the minimum family pension under sub-rule (2) of this rule and the dearness relief admissible thereon. Explanation 6.- Disabled sibling shall be deemed to be dependent on the railway servant if their income is less than the minimum family pension admissible under sub-rule (2) of this rule and dearness relief thereon. Explanation 7.- Family pension payable to a childless widow shall be stopped if, after remarriage, her income from all other sources becomes equal to or exceeds the amount of minimum family pension under sub-rule (2) of this rule and the dearness relief admissible thereon. (Authority: Railway Board's letter No. 2011/F (E) III/1(1)9dated 23.09.13) … … Explanation,- For the purposes of this sub-rule and sub-rule (6), "Medical Board" means a Medical Board consisting of a Medical Director or a Chief Medical Superintendent or Incharge of a Zonal Hospital or Division or his nominee as Chairperson and two other members, one of them at least shall be Specialist in the particular area of mental or physical disability.. (Authority: Notification vide letter no. F (E) III/2008/PN 1/10 dated 22.10.08)" (emphasis supplied) 4. We find that the petitioner is married. He has not disclosed as to when he got married so as to apply sub rule (6) (supra). This is also reflected from the letter dated 23 June 2020 (‘Exhibit M’ to the petition) addressed by the DRM’s Office, Personnel Branch to the Chief Medical Superintendent, Divisional 27 July 2026 P. V. Rane 6.DOC Hospital, BSL, in which it has been stated: “ With reference to the above cited subject Shri. Ashok Hari Marsale married & Handicapped son of late Shri. Hari Totaram Marsale Ex. T/Maintainer, under SSE (P/Way) (S) CSN applied for family pension was directed by this office vide letter No.BSL/P/Pen/ Family Pension/ AHM dated 08/01/2020. (copy enclosed) for medical certification that whether he can earn his livelihood. He was examined by the Medical Board and certificate dated 13/01/2020 issued by CMS BSL that he can earn his lively hood. (copy enclosed) On the basis of the above certificate his claim for family pension was rejected by this office vide letter BSL/P/Pen/Family Pension dated 29/01/2020. (copy enclosed)” 5. It is clear that the petitioner is a married person. He is about 56 years of age. Considering the rule as noted above, we are in agreement with the respondent that the petitioner is not eligible for grant of pension. 6. Accordingly, the petition is rejected. No costs. (AARTI SATHE, J.) (G. S. KULKARNI, J.) 27 July 2026 P. V. Rane