JUDGMENT

DESAI, J.:— Whether a special family pension awarded by the President to the widow of a deceased officer who belonged to Air Force could be the subject-matter of a testamentary disposition by the deceased in his lifetime, presents the core problem in this petition.

2. Flt. Lt. Panj Rattan Singh, 5081 GD (P) was serving in Indian Air Force. He died in an air-craft accident arising out of and in the course of his employment of June 17, 1966. His survivors are the widow, Hardev Kaur respondent 2, his parents, the petitioner in this petition being the father of the deceased, two brothers and two sisters. Prior to his death he had made his last will and testament dated May, 14, 1959, whereby he bequeathed absolutely and for ever all his property both moveable and immoveable to his father, petitioner herein, and also appointed his father as the executor under his will. Further, during his lifetime the deceased had appointed by letter dated March 5, 1960, petitioner and Gurcharan Kaur, his father and mother respectively, nomines in respect of his provident fund. He had also nominated his parents, brothers and sisters by letter dated Dec. 10, 1958, to claim pensionary benefit which