MAHA LAKSHMI TIKOO Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THE short question which arises for consideration in this petition is whether the 'mother' who falls in the category of Class (I) legal heir under the Jammu and Kashmir Hindu Succession Act, 1956 (hereinafter called 'the Act'), can be denied the family pension.

(2.) THE brief facts for the disposal of this petition are that son of the petitioner late virender Kumar Tikoo, who was working as senior Manager in the respondent Bank and remained un-married during his life time, died on 28th of Dec. 02. Petitioner being the sole legal heir was dependent upon him. The further fact is that the respondent Bank in exercise of power under Section 50 of the state Bank of India Act (23 of 1955), framed regulations for establishment and maintenance of Pension Fund under the State Bank of India Pension Fund Rules, which prescribed for the payment of family pension in case of death of an employee of the Bank to his/her legal heirs.

(3.) AFTER the death of son of the petitioner, who had become a qualified member for the purpose of pension on the date of his death, the petitioner being the sole dependent upon her son, applied for grant of the benefit of family pension to respondent No. 3 vide representation dt. 18th of Nov. 03. The claim of the petitioner was rejected on the ground that under the rules, only a widow/widower or the surviving children of the deceased employee is entitled to this benefit. Petitioner represented before the Chairman of the bank also but vide impugned order Dt/-11th of Feb. 04, the representation of the petitioner has been rejected. It is this order, which is the subject matter of challenge in the present petition.