1 year ago
Centre: Stepmother Not Entitled to IAF Family Pension
Imagine a soldier who died, and their stepmother wants to get a family pension.
The government says that, according to the rules, only the real mother can get the money.
The stepmother disagrees and is taking her case to the Supreme Court.
The court will decide if the rules should include stepmothers.
The government argues that stepmothers are not in the list of people eligible to receive the pension under the law.
The soldier's stepmother is challenging the rules.
The Centre stated that a stepmother is not entitled to a family pension under Indian Air Force rules.
The case concerns a challenge to an Armed Forces Tribunal order.
Jayashree Y Jogi, the stepmother, raised the deceased airman from age six.
The airman died in 2008 under mysterious circumstances, with the Air Force claiming suicide.
The Supreme Court is considering the issue and has posted the matter for a hearing.
- Who
- The Centre (represented by K M Nataraj) and Jayashree Y Jogi.
- What
- The Supreme Court is considering if a stepmother is entitled to a special family pension under IAF regulations.
- Where
- The case is being heard in the Supreme Court.
- When
- The Centre informed the Supreme Court on September 18, and the case was posted for November 20.
- Why
- The case is to determine if a stepmother qualifies for a family pension under the Indian Air Force rules.
Key facts
- Plaintiff
- Jayashree Y Jogi
- Deceased
- Airman (son of Jogi)
- Legal Issue
- Eligibility of stepmother for family pension
- Governing Regulations
- Pensions Regulations for the Indian Air Force, 1961
- Regulation 192
- Defines eligible family members for pension
- Centre's Stance
- Stepmother not included in eligible dependents under regulation 192
- Court
- Supreme Court
- Hearing Date
- Posted for November 20
Quotes
The Centre
A representation of the Indian government
“It is a settled principle of law that, although pension is not a bounty and is claimable as a matter of right, such a right is neither absolute nor unconditional. A person seeking pensionary benefits must establish a clear entitlement under the applicable statutory provisions or regulations.”
theprint.in
