AMRIT KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, who is the mother of late Col. Abinder Singh, claims ordinary family pension, in the instant writ petition.

(2.) THE undisputed facts are that late Col. Abinder Singh was commissioned in the Army (Engineers) on December 21, 1968 (PRC) and died on July 19, 1999. He was survived by his wife Ranjeet Kaur and two sons viz. Harjinder Singh and Tejinder Singh. On September 26, 1999 Ranjeet Kaur also passed away before receiving the first pension payment authorised to her vide P. P. O. No. 269/1999. THE dependent family pension was subsequently sanctioned to the elder son Harjinder Singh w. e. f. September 27, 1999 vide PPO No. M/f/323/99 dated December 28, 1999. On commissioning of Harjinder Singh in the Army, the dependent family pension was further granted to the younger son Tejinder Singh vide PPO No. M/f/h2/2002 dated May 28, 2002. On commissioning of Tejinder Singh in the Army in the month of June, 2004, the dependent family pension granted to him seized to stop. THE petitioner in these circumstances claims dependent family pension from the date of commissioning of Tejinder Singh. However, PCDA (P) Allahabad declined the claim on the ground that parents of deceased officer were entitled for dependent pension only in the cases where officer died as bachelor.

(3.) CLASS legislation which has no reasonable basis is forbidden by the Constitution of India. It is well settled that unless the classification satisfies the test of its reasonableness and rationality, the same cannot be upheld and upon its failing in such a test the same is bound to fail. Regulation 85 so far it excludes the mother from claiming family pension is strictly in conflict with the provisions of Hindu Succession Act which places mother at par with children or widow of her deceased son and there is no disparity among their status as class-I heirs.