Smt Sayar Kanwar wdo Late Nk Narain Singh vs UOI & Others on 4 February 2026

**O R D E R**

**04.02.2026**

**MA No 43/2026**

1. 1. The Applicant has filed this MA, praying for early hearing of the OA. Taking into consideration the reasons advanced therein, prayer is allowed and MA is disposed off accordingly.

**MA No 459/2023**

1. 2. The applicant has filed this MA praying for condonation of delay of one year, two months and one day involved in filing the OA. Taking into consideration the reasons advanced therein, delay involved is condoned and MA is disposed off.


**OA No 295/2023**

3. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying for quashing and setting aside the Impugned Order and the Respondents be directed to pay Family Pension at the enhanced rate for the remaining period from 22/3/2016 to 21/3/2018 with all consequential benefits and compensation for loss and hardship incurred by the applicant for denial of just rightful claim for enhanced family pension and pay the arrears with interest @9%. Any other directions/orders which the Hon'ble Tribunal deem it just and proper in the facts and circumstances of the case may also be passed in favour of the applicant, alongwith cost of litigation.

4. Brief facts of the case as enunciated by the applicant are that the husband of the applicant was enrolled in the Army Ordnance Corps on 22/3/1968 and was discharged from service on 31/3/1988, on completion of terms of engagement. He had rendered 19 years, 11 months and 21 days and was granted service pension for the qualifying service. Husband of the applicant was born on 22/3/1951 and the veteran passed away on 05/5/2012. He would have attained the age of 67 years on 21/3/2018, had he survived. Copy of death certificate dated 17/5/2012, issued by the competent authority is annexed at Annexure A/4. Applicant further submits that she was entitled for Family Pension at the enhanced rate for seven years or till the deceased pensioner would have attained the age of 67 years, had he survived, as per pension provision in force then. Upon demise of husband of the applicant, enhanced family pension was granted @Rs 20,969/- pm and was paid upto 21/3/2016. She further submits that she is entitled for grant of enhanced rate of family pension for seven years or till the pensioner would have attained the age of 67 years, whichever is earlier, against the existing provisions of 65 years in accordance with Department of Pension and Pensioners' Welfare (DoP & PW) ID dated 12/4/2018. Accordingly, she is entitled for enhanced rate of family pension @Rs 20,696/- pm for a the period from 16/5/2012 to 21/3/2018. However, the non applicant prematurely discontinued the enhanced family pension and commenced ordinary family pension @Rs 12,582/- pm wef 22/3/2016. The applicant is thus entitled to receive the family pension at the enhanced rate for a further period from 22/3/2016 to 21/3/2018 and, hence, entitled to receive difference between ordinary family pension and the enhanced family pension. Further, the applicant is 70 years old, and pension is the only source of her income for livelihood. The applicant had made several representations to the authorities, but all in vain. In support of her arguments, the applicant has placed reliance, among others, the Order dated 11/3/2010 passed by this Tribunal in TA No 68/2010 in the matter of SB CW No 6651/2007 in the case of Smt Bhagwani Vs UOI & Ors. Having been aggrieved, the applicant has filed this OA praying for relief.

5. The Respondents, vide their Reply Statement, while not disputing the basic facts put forth by the applicant herein, have submitted that, as per service record, husband of the applicant, ie, Naik Narain Singh was discharged from service on 31/3/1988 under Army Rule 13 (3) Item III (i) on completion of his service limits and was granted service pension for life, which has been revised from time to time. He died on 05/5/2012 and, thereafter, the applicant was granted enhanced rate of ordinary family pension till Mar 2016, as notified vide PPO dated 27/1/2023, annexure R/4. As per Govt of India, Ministry of Defence letter dated 03/9/1998 revised age of retirement was extended for two years with effect from 30/5/1998. Accordingly, applicability of enhanced rate of Ordinary Family Pension was enhanced from 65 to 67 years of age of service pensioner or seven years after retirement whichever is earlier to the Armed Forces Personnel, who have qualified in screening board and got extension of two years in service. Personnel who had not got extension, in their case, old provision was applicable and enhanced rate of ordinary family pension was applicable upto 65 years of age of service pensioner or seven years whichever was earlier. The applicant's husband was not granted extension of two years of service on retirement. Hence, in the initial PPO dated 31/12/1987, Annexure R/1, the enhanced rate of ordinary family pension was payable for seven years from the date of death of the service personnel or upto 21/3/2016, ie, 65 years of age of service personnel, whichever was earlier. The applicant's husband died on 05/5/2012 and the applicant was granted enhanced rate of ordinary family pension by the pension disbursing agency till 21/3/2016 on which the applicant's husband had attained the age of 65 years of age as per the initial PPO. Accordingly, the enhanced rate of ordinary family pension was stopped by the PDA from 22/3/2016.

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

7. Govt of India, Ministry of Finance vide their above mentioned letter dt 28.05.2018 have issued clarification on grant of enhanced rate of Family Pension, the relevant portion of which reads as under :- *"Department of Pension & Pensioners' Welfare has clarified vide its ID No 1/1(5)/2018-P&PW(E)/32206 dt 12.04.2018 that family pension at enhanced rates will be payable for 7 years or till the deceased retired government servant would have attained the age of 67 years had he survived, whichever is less, irrespective of type of retirement, date of retirement and age of superannuation applicable in the case of retired Govt servant. This would equally apply in all Central Civil Govt Departments/Offices including Central Armed Police Forces (CAPF) and Medical Officers."*

8. The issue has further been clarified vide Govt of India, Ministry of Personnel, PG & Pension, Department of Pension & Pensioners' Welfare above mentioned letter dt 27.10.2025, the relevant portion of which reads as under :- *"2. In this connection, it may be stated that as per Rule 50(2)(a)(iii) of CCS (Pension) Rules, 2021, the family pension after the death of Government employee is granted to the eligible family members of the employee at enhanced rate as under:-*

*"(2)(a)(iii): In the event of death of a Government servant after retirement, the family pension shall be payable for a period of seven years, or for a period up to the date on which the retired deceased Government servant would have attained the age of sixty seven years had he survived, whichever is less."*

*3. There are some references seeking clarification on the calculation of this period where the age of retirement is more than 60 years like the age of retirement of Central Health Service (CHS) doctors is 65 years and the officer*

*retires at the age of 65 and dies unfortunately before 67. It is clarified that the provisions of Rule 50(2)(a)(iii) is applicable in all cases, ie., whether the retirement age is 60 or 65 years. In all such cases, the enhanced family pension is payable for a period of seven years, or for a period up to the date on which the retired deceased Government servant would have attained the age of sixty seven years had he survived, whichever is less."*

9. In the present case, the Applicant's husband expired on 05/5/2012 and he would have attained the age of 67 years on 21/3/2018, had he survived. In the present case, the Applicant has been granted enhanced rate of Family Pension till 21/3/2016, ie., till the date on which her husband would have attained the age of 65 years, In the light of aforesaid clarifications, the Applicant is eligible for grant of enhanced rate of Family Pension till 21/3/2018, ie., the date her husband would have attained the age of 67 years, had he survived.

10. In-fine, the OA is allowed. The Respondents are directed to grant enhanced rate of Family Pension to the Applicant for the balance period from 22/3/2016 to 21/3/2018 within a period of six months from the date of receipt of a certified copy of this Order, failing which the Applicant shall be entitled to interest on arrears @ 6% per annum till the date of actual payment.

11. The OA is disposed off accordingly. No order on costs.

12. Pending Miscellaneous Application(s), if any, also stand disposed off.

Sd/XXX

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

cda/-

Sd/-XXX

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