Service Benefits Do Not Form Bequeathable Estate Of Any Government Servant: Karnataka High Court

The Karnataka High Court has held that service benefits do not form the bequeathable estate of any government servant.

A single judge bench of Justice C M Joshi sitting at Kalaburagi dismissed the appeal filed by Sujata and others challenging the judgment of the trial court which was confirmed by the Senior Civil Judge vide its order dated 04.03.2011.

The trial court and appellate court had decreed the suit filed by the appellants holding that Will of deceased Kalpana is proved by the plaintiffs but deceased could not have bequeathed the service benefits to the appellants, her sisters.

The trial court held that the husband being the legal heir of deceased Kalpana, is entitled to service benefits of the deceased as per Rule 302 of Karnataka Civil Services Rules (KCSR).

The appellants had contended that the first appellate court was not justified in placing reliance on Rule 302 of KCSR and when the deceased Kalpana had executed the Will, it would cover even the service benefits also. "The Will executed by the deceased Kalpana would take into purview the service benefit also and the trial Court could not have bifurcated the service benefits from the estate of the deceased,” they argued.

However, the government advocate opposed the plea saying in view of Rule 302 of KCSRs, family for the purpose of rule will include the Wife if the Husband is the Government Servant; Husband if Wife is the Government Servant, Son (including step children and adopted children), un-married, widowed or divorced Daughters, Brothers below age of 18 years and unmarried or widowed or divorced sisters.

“The appellants herein do not fit in any of these categories and therefore, they are not entitled for family pension and other service benefits that would accrue on the death of the deceased Government Servant. These service benefits do not form the estate of the deceased over which the deceased had any control,” the State said, adding,“They accrued to the Government Servant only because he was serving the Government and therefore, they cannot be treated to be the estate of the deceased which would devolve upon the legatees under the Will.”

The bench noted that the trial court and the first appellate court placed reliance on the Supreme Court decision in the case of Violet Issaac And Others Versus Union of India And Others.

The Apex court in the said decision had relied upon its judgement in the case of Jodh Singh Versus Union of India And Another, (1980), wherein it has held that family pension does not form part of the estate of the deceased and as such it cannot be disposed off during life time by testamentary disposition.

“In view of these authoritative pronouncements, which has stood the test of time, it is clear that the service benefits do not form the bequeathable estate of any Government Servant," said the court.

It added, "Under these circumstances, the judgments of the trial Court as well the first appellate Court cannot be found fault with.”

Case Title: Sujata & Others And Nehru @ Kamagond Patil & others

Case No: REGULAR SECOND APPEAL NO. 7144 OF 2011

Citation: 2023 LiveLaw (Kar) 127

Date Of Order: 16-03-2023

Appearance: Advocate Bapugouda Siddappa for appellants.

HCGP Maya T.R, fOR R2 & R3;