JODH SINGH vs UNION OF INDIA & ANR.

The Supreme Court held that a special family pension granted to a widow under Rule 74 of the Pension Regulations for the Air Force cannot be subject to testamentary disposition. The Court reasoned that since the pension is payable only upon the death of the officer, it does not form part of the deceased's estate during his lifetime. The eligibility for the pension arises solely from the status of being a widow after the officer's death, thus it cannot be disposed of by will. The Court dismissed the special leave petition, affirming that the President's determination of eligibility for the pension is final and cannot be contested by other dependents of the deceased.