Smt Indermani Punia mo late Capt Ritesh Punia (Army) vs UOI & Others on 14 August 2026

**ORDER**

**14/08/2026**

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA with the following prayers :-

1. (a) Application for the applicant be allowed and the applicant be paid her share in the Special Family Pension granted to Smt Jyotika, widow of Capt Ritesh Punia, now remarried to Shri Anshul Jakhari, wef 14/5/2011 after the death of her son on 13/5/2011;

- (b) She be granted second award of full special family pension in case Smt Jyotika gives her concurrence for the same;

- (c) Applicant be granted dependent pension in terms of Para 115 (a) of Pension Regulations for the Army 2008, Part I; and

- (d) The arrears of share in special family pension and other awards be paid alongwith cumulative interest @ 12% per annum alongwith any other relief which the Hon'ble Tribunal thinks just and proper in the matter.

2. Brief facts of the case as enunciated by the applicant are that the son of the applicant was commissioned in the Regiment of Mechanised Infantry on 11/6/2005 as a direct entry commissioned officer through IMA and was seconded to 1 Guards Bn (2 Punjab Regiment). While posted at Suratgarh with his Regiment and due to heavy stress and strain of service he suffered from serious cardiac arrest and breathed his last at MH Suratgarh on 13/5/2011. Death of son of the applicant was held as attributable to military service. He had married Ms Jyotika on 11/12/2010 and on his demise, the widow was granted Special Family Pension and other admissible terminal benefits. No child was born out of their wedlock. The Special Family Pension has now been stopped on her remarriage on 30/5/2014 with Shri Anshul Jakhar. The widow has also been employed in the post of Commercial Assistant II at the office of AEC F-III, Sanganer, with Jaipur Vidhyut Vitram Nigam (JVVN) and she is drawing handsome salary per month besides income of her husband who is looking after lucrative mining business of his father besides being an Advocate in Rajasthan High Court. Accordingly, in view of the changed circumstances, the applicant applied for division of special family pension which is permissible under Regulation 228 (a) which clearly stipulates that if recipient of special family pension refuses to contribute proportionately towards the support of other eligible heirs in the family who were dependent on the deceased or if the pension is in the name of a child but is not devoted to the interest of the family generally, a competent authority may, on the basis of the verification/investigation report rendered by the Zila Sainik Board/Recruiting Organisation divide at his discretion the special family pension among the eligible heirs of the deceased. However, despite concerted efforts and the investigation carried out by the concerned Zila Sainik Board with their recommendations, case of the applicant for grant of her share in the Special Family Pension was turned down by the Addl Dte Gen Manpower, Army HQ, on the ground that the same cannot be divided in terms of Para 133 of Regulations for the Army 2008, Part I. The applicant poignantly submits that the loss to a young widow is appreciated and proportionate share in death proceeds are acceptable for her rehabilitation, However, that does not mean that the mother of the deceased is left high and dry, bereft of her share in the special family pension granted to widow. The young widow's loss can be compensated and filled through monetary grants and re-marriage but not of mother who had made her son grow up step by step and shape him into a valiant army officer and the authorities cannot be oblivious of such hard facts of life. In that, quoting Napoleon, the applicant submits that the good mothers would make good Nation and the mother is weightier than earth as propounded by Yudhishtra to a question posed to him by Yaksha as to what is weightier than earth. Having been aggrieved, the applicant has filed this OA praying for relief as prayed for in the OA.

3. Vide Reply Statement, the Respondents have submitted that Capt Ritesh Punia was commissioned in the Army on 11/6/2005. The Officer got married to Mrs Jyotika Punia on 11/12/2010 and died on 13/5/2011 due to cardiac arrest. Death of the officer has been classified as Physical Casualty and was held attributable to military service vide IHQ of MoD (Army) letter dated 25/5/2011. Upon the demise of the said Capt Ritesh Punia, Widow of the deceased officer has been granted all admissible terminal benefits, apart from Special Family Pension. The applicant has also been paid 50% share in DCRG, AGIF both insurance benefits and maturity benefits and DSOP. Mrs Jyotika Punia got remarried to Shri Anshul Jakhar on 30/5/2014 and she is also employed at JVNL, Jaipur on the post of Commercial Assistant and her monthly salary is Rs 20,000/-. In terms of Govt of India, Ministry of Defence letter 31/1/2001, a widow of a commissioned officer shall continue to draw full special family pension even after her re-marriage, if she continues to support her children after her re-marriage. No child was born on of her first wedlock. Accordingly, the case was processed to PCDA (P) which has since been notified the same vide PPO No M/F/1022/2016 and SFP was re-granted in her favour. Respondents have further submitted that the applicant is not eligible for share in Special Family Pension granted to the widow in terms of extant rules/regulations on the subject.

4. We have heard the counsels for the parties and perused the material on record.

5. It is evident from the material on record that son of the Applicant, Capt Ritesh Punia, died on 13/5/2011 due to Cardiac Arrest and his death was considered as a Physical Casualty and attributable to military service. The deceased officer had left behind his widow, Smt Jyotika whom she married on 11/12/2010 and no child was born out of their wedlock. Upon demise of son of the applicant, while the widow has been granted Special Family Pension apart from all other terminal benefits, the applicant was also granted 50% share in DCRG, AGIF insurance and maturity benefits and DSOP. The widow continues to draw Special Family Pension granted to her. Case of the applicant for grant of share in special family pension was not conceded by the Respondents. It is also prudent to observe that upon demise of son of the applicant, Smt Jyotika got re-married to Shri Anshul Jakhar on 30/5/2014, who is stated to be having mining business and is well placed in life. She is employed with the JWNL, Jaipur as a Commercial Assistant and drawing handsome salary. Since the said Smt Jyotika got remarried, and it is apparent that she left her in-laws and is living with her husband, Shri Anshul Jakhar and is not maintaining any contact/relation with the applicant. Since the lady is financially well placed and is living separately from the applicant and the applicant herein has no source of income of her own, we are of the opinion that mother is also eligible for grant of some relief from the special family pension that the widow of deceased officer is receiving. This would also go a long way in giving some solace to the applicant for the abrupt demise of her beloved son at his prime time to meet the ends of justice. This Tribunal is abreast that in our societal norms and practice followed since generations, even if the parents are well placed financially, it is but natural that the parents bring up their children with the expectation that their children once grown up and start earning would look after them in their twilight years so as to spend their remainder earthly life happily, peacefully and contently.

6. Keeping in view the financial status of both parents and the widow of deceased officer (since re-married) the OA is allowed and the Respondents are directed to accept the claim of the applicant for division of Special Family Pension, which the widow of the deceased officer is in receipt now, @50% each in favour of Smt Jyotika, widow of deceased Capt Ritesh Punia and the Applicant herein, respectively. The Respondents have also stated in their letter dated 12/4/2016 addressed to the applicant, Annexure A/1, that a case for division of all types of Family Pension has been taken up with Ministry of Defence and that the applicant's case would be re-processed as soon as revised policy is promulgated by the Ministry of Defence. If the same has not been done so far, let a beginning be made with division of the Special Family Pension with this case granted in favour of the widow, who has since remarried and also employed with Govt of Rajasthan, in equal share between the mother of the deceased officer and his widow wef the date of this Order. Respondents are directed to take necessary action expeditiously but positively within a period of six months from the date of receipt of a copy of this order.

7. OA is disposed off accordingly. No order on costs.

8. Pending application, if any, also stands disposed off.


सत्यं जयते

Sd/- XXX

Sd/- XXX

**(SANJIV MITTAL)** **MEMBER (A)**

**(GOVERDHAN BARDHAR)** **MEMBER (J)**

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