NEW DELHI: (Sep 18) The Centre on Thursday informed the Supreme Court that pension was “not a bounty” and a stepmother couldn’t be considered for family pension under the Indian Air Force rules being distinct from the natural mother in both legal and relational terms.
Before a bench of Justices Surya Kant, Ujjal Bhuyan and N Kotiswar Singh, the Centre referred to various decisions of the top court relating to maintenance and other welfare benefits which held the term “mother” refers to the natural or biological mother alone and not to a stepmother.
“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,” the Centre said.