SMT. VIOLET ISSAC AND ORS. versus UNION OF INDIA AND ORS.

Citation: [1991] 1 S.C.R. 282 · Decided: 08-02-1991 · Supreme Court of India · Bench: K.N. SINGH · Disposal: Appeal(s) allowed

Judgment (excerpt)

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SMT. VIOLET ISSAC AND ORS. 
v. 
UNION OF INDIA AND ORS. 
FEBRUARY 8, 1991 
[K.N. SINGH AND P.B. SAWANT, JJ.] 
Civil Services-Pension Rules, 1964-Rule 801-Scope of-Family 
Pension-Entitlement of-Persons designated under the Rules entitled 
-Not employee's nominee-Whether could be bequeathed. 
On the death of a Railway employee, dispute arose among his 
wife, sons, daughters and brother for the family pension, gratuity and 
other emoluments. The brother of the deceased eniployee filed a civil 
suit in the court of Sub-Judge for a permanent injunction restraining 
the appellants-the wife, sons and daughter-from claiming or receiv-
ing any monetary benefits from the Railway Administration, contend-
ing that by a will dated 9.9.1984 of the deceased employee, he was 
entitled to receive the benefits to the deceased employee's widow. The 
Railway Authority did not pay any amount, as an injunction had been 
issued by the Civil Court. 
The appellants there-upon made an application before the Central 
Administrative Tribunal for a direction for the release of the amounts 
on the grounds that the will was a forged one, and the beneficiary was 
not entitled to receive pensionary benefits. 
The Tribunal held ~hat since the dispute related to rival claims 
based on title arising from relationship, it had no jurisdiction to decide 
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the same. It also directed transfer of the case to the Civil Court for trial. 
In the appeal to this court on the question was: whether family 
pension payable under the service rules could be bequeathed by means 
ofa will. 
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Allowing the appeal, this Court, 
HELD: 1. Family Pension Rules, 1964 provided for the sanction of 
family pension to the survivors of a Railway Employee. Rule 801 pro-
vides that family pension shall be grarited to the widow /widower and 
where there is no widow /widower, to the minor children of a Railway 
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servant, who may have died while in service. Under the Rules, . .son of 
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VIOLET ISSAC v. U.0.1. 
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the deceased is entitled to family pension until he attains the age of 25 
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years, an unmarried daughter is also entitled to family pension till she 
attains the age of 25 years or gets married, whichever is earlier. The 
Rules do not provide for payment of Family Pension to brother or any 
other family member or relation of the deceased Railway employee. The 
Family Pension Scheme under the Rules is designed to provide relief to 
the widow and children by way of compensation for the untimely death 
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of the deceased employee. The rules do not provide for any nomination 
with regard to family pension, instead the Rules designate the persons 
who are entitled to receive the family pension. Thus, no other person 
except those designated under the Rules are entitled to receive family 
pension. [285E-H] 
2. The Family Pension Scheme confers monetary benefit on the c 
wife and childre~ of the deceased Railway employee, but the employee 
~ has no title to it. The employee has no control over the family pension as 
he is not required to make any contribution to it. The family pension scheme 
is in the nature of welfare scheme framed by the Railway Administra-
tion to provide relief to the widow and minor children of the deceased 
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employee. [285H-286B] 
3. Since, the Rules do not provide for nomination of any petson 
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by the deceased employee during his life time for the payment of family 
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pension, he has no title to the same. Therefore, it does not form part of 
his estate enabling him to dispose of the same by testamentary dis-
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position. [286B-C] 
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[The appellant No. 1, widow of the deceased Railway employee is 
entitled to receive the family pension, notwithstanding the will alleged 
to have been executed by the deceased on 9.9.1984 in favour of his 
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brother. As regards appellant Nos. 2 to 6 are concerned, they are not 
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minors, therefore, under the Rules they are not entitled to any family 
pension. [286F-H] 
The Railway Administration is free to evict them in accordance 
with the Rules, only after arrears of family pension are paid to the 
widow.] [287B-C] 
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Jodh Singh v. Union of India & Anr., [1980] 4 S.C.C. 306, 
followed. 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 653 
of 1991. 
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SUPREME COURT REPORTS 
[1991] 1 S.C.R. 
From the Judgment and Order dated 11.12.1989 of the Central 
Administrative Tribunal, Chandigarh in O.A. No. 694 of 1988. 
Avadh Behari, A.K. Sharma and Inderjit Singh Me

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