Case: Nitu Vs. Sheela Rani

4. The facts giving rise to the present litigation, in a nutshell, are as under :Shri Yashpal, the husband of the appellant, was serving as a Computer DOD in the office of the District Malaria Officer under the Haryana Government. Upon his death, family pension payable to the widow had been determined at Rs.2,153/per month. Respondent No.1, who is a real contesting respondent, is the mother of late Shri Yash Pal, who filed Suit No.30/SC of 2005 in the Court of Civil Judge (Senior Division), Rohtak for getting a succession certificate so that she can get the pension, which was payable in respect of the services rendered by late Shri Yash Pal to the Government of Haryana. In the said suit, the appellant appeared and made a claim that she, being the widow of late Shri Yash Pal, was entitled to pension, whereas sister of late Shri Yash Pal, who was also a respondent in the said suit filed a written statement stating that she had no objection if succession certificate was issued in favour of respondent no.15. After hearing the parties concerned, the learned Civil Judge (Senior Division), Rohtak dismissed the suit by coming to a conclusion that the mother, who was the plaintiff in the said case and the sister of late Shri Yash Pal were not entitled to succession certificate and held that the present appellant, who was respondent No.3 in the said suit, being the widow of the deceased, was entitled to succession certificate so far as pension payable in respect of the services rendered by late Shri Yash Pal was concerned. The said judgment was delivered on 25th April, 20136. Being aggrieved by the aforestated judgment, Civil Appeal No.88 of 2013 was filed by Respondent No.1 i.e. the mother of late Shri Yash Pal in the Court of Additional District Judge, Rohtak. The said appeal was dismissed by the judgment and order dated 2nd July, 20147. Being aggrieved by the judgment delivered by the first appellate Court, the respondent mother filed Civil Revision, being C.R. No.6012 of 2014, before the High Court of Punjab and Haryana at Chandigarh8. After hearing the parties concerned, the High Court allowed the said Revision Petition by observing that the respondent mother was entitled to the succession certificate in view of the provisions of Section 8 of the Hindu Succession Act as she was also one of the heirs of late Shri Yash Pal9. Being aggrieved by the aforestated order passed by the High Court, the present appeal has been filed by the appellant – widow of late Shri Yash Pal.

Reasoning: 16. So far as the respondent mother is concerned, she has not been included in the definition of the term family for the reason that as per the provisions ofe (f), parents of an unmarried officer would be a part of the family and therefore, the respondent mother would not be included in the family of late Shri Yash Pal as he was married17. So far as the provisions of the Hindu Succession Act, 1956, are concerned, it is true that the properties of a Hindu, who dies intestate would first of all go to the persons enumerated in class I of the schedule as per the provisions of Section 8 of the said Act and therefore, so far as the properties of late Shri Yash Pal are concerned, they would be divided among the respondent mother and the appellant wife, provided there is no other family member of late Shri Yash Pal alive, who would fall within class 1 heirs, but position in this case, with regard to pension, is different18. It is pertinent to note that in this case the pension is to be given under the provisions of the Scheme and therefore, only the person who is entitled to get the pension as per the Scheme would get it. Similar issue had arisen before this Court in the case of Violet Issaac (Smt.) v. Union of India (1991) 1 SCC 725   and after considering the relevant provisions, this Court came to the conclusion that family pension does not form part of the estate of the deceased and therefore, even an employee has no right to dispose of the same in his Will by giving a direction that someone other than the one who is entitled to it, should be given the same. In the instant case, as per the provisions of the Scheme, the appellant widow is the only family member who is entitled to the pension and therefore, the respondent mother would not get any right in the pension. Of course, it cannot be disputed that if there are other assets left by late Shri Yash Pal, the respondent mother would get 50% share, if late Shri Yash Pal had not prepared any Will and it appears that late Shri Yash Pal had died intestate and no Will had been executed by him.