In a significant judgement, the Allahabad High Court on Friday ruled that the family pension was payable to the widow under the rules and not to the mother of the deceased.
A division bench comprising Justice RK Agarwal and Justice Sanjay Mishra said under the Central Civil Services (Pension) rules, in the absence of the widow, the children were entitled for family pension.
But, there was no provision to pay family pension to the mother, the bench said dismissing a writ petition of one Chandrawati (mother) and Rothit Sahai (son).
The petitioners moved the Court claiming one-third share each of the family pension of Rajesh Sahai, a government employee, who died in harness.
The petitioners pleaded that along with widow Laxmi Sahai, they were legal heirs and thus entitled for one-third share each.
The Court said under the rules, the family pension is to be paid only to one member of a family at a time.
The first person who has the right to receive the pension is widow and then her eligible children, it said.