Armed Forces Tribunal At Srinagar Grants Family Pension To A Widow 48 Yrs After Her Husband's Retirement From Indian Army

The directions came to be passed in a plea filed before it in terms of which the petitioner had challenged an order whereby her claim for the grant of family pension had been rejected. In her plea the petitioner also prayed for a direction upon the respondents to grant ordinary family pension to her.

The facts of the instant matter were that the applicant was married to deceased Ex Hav. Chuni Lal who was discharged from the services of Army in 1974 after rendering 14 years 8 months and 25 days service. The applicant's husband was not granted service pension as he was falling short of 3 months 5 days for qualifying service i.e.15 years.

Husband of the applicant made a representation to Officer-in-Charge (Records) of J&K Light Infantry to condone short fall of service in the light of Ministry of Defence. Govt. of India letter dated 14.08.2001, however the same was rejected by the respondents.

During this course the husband of the applicant died on 17.01.2014 leaving behind the applicant his widow, three minor daughters and one minor disabled son.

Deciding the matter the Division bench of the tribunal observed that the respondents have erroneously rejected the claim of the applicant for the grant of ordinary family pension. While drawing this conclusion, the bench took support of Government of India Instructions dated 14.08.2001 whereby approval for condonation of shortfall in qualifying service for grant of family pension in respect of Personnel Below Officer Rank beyond six months and up to 12 months has been granted.

"The family comprising the applicant, three daughters and one minor disabled son was completely dependant upon the deceased husband of the applicant. The liabilities and responsibilities on his death all such towards the family got shifted upon the applicant. Therefore, in our considered opinion, the applicant is entitled to the grant of ordinary family pension", the tribunal said.

Accordingly, the tribunal directed the respondents to grant the ordinary family pension in favour of the applicant with all consequential benefits from due date i.e. the day next to the death of her husband. The arrears, if any, shall be calculated and paid to her within three months from the date of receipt of certified copy of this order by learned Senior Panel Counsel/ OIC, Legal Cell, failing which together with interest @ 8% per annum till realisation, the tribunal concluded.

Case Title : Smt Chanchala Devi Vs Union of India & Ors.

Counsel For Petitioner : Adv Arjun Bhatia.

Counsel For Respondent : Mr Rajat Gupta Sr PC

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