Judgment

K.N.SINGH, J.

(1) LEAVE granted

(2) WHETHER family pension payable under the service rules could be bequeathed by means of a will by the deceased employee during his lifetime, is the question involved in this appeal.

(3) BRIEFLY, the facts giving rise to this appeal are that, Issac Alfred was employed in the Railway Workshop, Jagadhri as a Skilled Mechanic, Tool Shop, he died in harness on October 16, 1984. On his death a dispute arose between Mrs Violet Issac, widow of the deceased Railway employee, his sons, daughters and Elic Alfred brother of the deceased regarding family pension, gratuity and other emoluments, payable by the Railway administration. Smt Violet Issac, widow of the deceased employee made an application before the competent Railway authority for the grant of family pension and for payment of gratuity and other dues to her, her four sons and one daughter, who are appellants 2 to 6. The Railway authorities did not pay any amount to the appellants as an injunction order had been issued by the Sub-Judge, I Class, Jagadhri in Civil Suit No. 365 of 1985 filed by Elic Alfred, brother of the deceased employee, restraining the app