Government servant not eligible to make will of family pension, says Chhattisgarh HC
TNN | Apr 29, 2019, 01.26 PM ISTRAIPUR:
The Chhattisgarh high court has held that a government servant is not eligible to make a will of his or her family pension since it has to be disbursed as per the pension rules.
Allowing a revision petition filed by one Samunda Bai, first wife of late Vijay Kumar Kaushik - who was working as a head constable in Janjgir-Champa - the bench of Justice Sanjay K Agrawal said in his order that the family pension do not form part of the estate of the deceased. The deceased had no right to make testamentary disposition with regard to family pension in favour of any family member. Samunda Bai along with her son Sudhir Kumar Kaushik had moved the high court after challenging an order passed by the lower courts, rejecting their application for grant of succession certificate in their favour.
Stating the brief facts of the case, the high court, in its order, mentioned that the petitioners Samunda Bai and her son and the private respondents of the case including Kanti Bai - the second wife of the deceased - and her three sons, have claimed amount of dues including provident fund, gratuity, leave encashment, pension, family benefit fund, ex gratia amount and police welfare amount for which the competent authority directed them to produce succession certificate.
The petitioners stated that Samunda Bai, being the first and legally wedded wife of deceased Vijay Kumar, is entitled for all pension benefits and it cannot be bequeathed by way of will, the order said.
Referring to the guiding principles and judgements made by the Supreme Court, the high court, in its order, said that the grant of family pension in the instant case is governed by Chhattisgarh Civil Services (Pension) Rules, 1976, which provides that the grant of family pension is restricted only to the family of the deceased and further, no nomination for grant of family pension can be made.
TNN | Apr 29, 2019, 01.26 PM ISTRAIPUR:
The Chhattisgarh high court has held that a government servant is not eligible to make a will of his or her family pension since it has to be disbursed as per the pension rules.
Allowing a revision petition filed by one Samunda Bai, first wife of late Vijay Kumar Kaushik - who was working as a head constable in Janjgir-Champa - the bench of Justice Sanjay K Agrawal said in his order that the family pension do not form part of the estate of the deceased. The deceased had no right to make testamentary disposition with regard to family pension in favour of any family member. Samunda Bai along with her son Sudhir Kumar Kaushik had moved the high court after challenging an order passed by the lower courts, rejecting their application for grant of succession certificate in their favour.
Stating the brief facts of the case, the high court, in its order, mentioned that the petitioners Samunda Bai and her son and the private respondents of the case including Kanti Bai - the second wife of the deceased - and her three sons, have claimed amount of dues including provident fund, gratuity, leave encashment, pension, family benefit fund, ex gratia amount and police welfare amount for which the competent authority directed them to produce succession certificate.
The petitioners stated that Samunda Bai, being the first and legally wedded wife of deceased Vijay Kumar, is entitled for all pension benefits and it cannot be bequeathed by way of will, the order said.
Referring to the guiding principles and judgements made by the Supreme Court, the high court, in its order, said that the grant of family pension in the instant case is governed by Chhattisgarh Civil Services (Pension) Rules, 1976, which provides that the grant of family pension is restricted only to the family of the deceased and further, no nomination for grant of family pension can be made.
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