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7. Mr. S.P. Bhattacharyya, learned advocate has strongly relied on the judgment passed, in the case of Violet Issaac and Ors. v. Union of India and Ors., reported in 1991(1) SCC 725, where the Hon'ble Supreme Court has decided that only designated persons i.e., the widow and unmarried children of the deceased employee are entitled to family pension under the rules. He also relied on another decision passed by the Ernakulam Bench of this Tribunal in the case of T. Kuppammal v. Divisional Personnel Officer, Southern Railway, Palghat, 1994(27) ATC 328.This decision was based on the judgment of Violet Issaac and Ors. v. Union of India and Ors., referred to above. Mr. Bhattacharyya, therefore, submits that in view of the judgment passed in the case of Violet Issaac (supra), the applicant is not required to produce the succession certificate, as asked for by the respondents and the respondents be thus directed to make all payments of the settlement dues of her husband as his legally married wife, So, the letter dated 18.6.1997 (Annexure/Al) is arbitrary and illegal and is liable to be quashed.

12. The Hon'ble Apex Court in the case of Violet Issaac v. Union of India and Ors. (supra) has opined that rules do not provide for payment of family pension to brother or any other family member of relation of the deceased railway employee. The Family Pension Scheme under the rules is designed to provide relief to the widow and children by way of compensation on the untimely death of the deceased employee., The rules do not provide for any nomination with regard to family pension, instead the rules designate the persons who are entitled to receive the family pension. Thus no other person except those designated under the rules are entitled to receive family pension. The family pension scheme confers monetary benefit on the wife and children of the deceased Railway employee, but the employee has no title to it. The employee has no control over the family pension as he is not required to make any contribution to it. The family pension scheme is in the nature of a welfare scheme framed by the Railway administration to provide relief to the widow and minor children of the deceased employee. Since the rules do not provide for nomination of any person by the deceased employee during his lifetime for the payment of family pension, he has no title to the same. Therefore, it does not form part of his estate enabling him to dispose of the same by testamentary disposition.