Smt Radha Devi wdo Late Sgt Jetha Ram vs UOI & Others on 4 February 2026

**O R D E R**

**04.02.2026**

**MA No 41/2026**

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 522/2023**

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 considerations the reasons advanced therein, delay involved is condoned and MA is disposed off.

**OA No 331/2023**

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 dated 23/11/2021 and Circular No 630 issued by the PCDA and that the Respondents be directed to pay Family Pension at the enhanced rate for the remaining period from 21/11/2022 to 20/11/2024 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.

4. Brief facts of the case as enunciated by the applicant are that the husband of the applicant was enrolled in the Air Force on 16/2/1976 and was discharged from service on 30/11/1993, on completion of terms of engagement. He had rendered 17 years and 288 days and was granted service pension for the qualifying service. Husband of the applicant was in receipt of service pension till his demise on 16/11/2019 and post his demise, the applicant was granted Family Pension wef 17/11/2019. Husband of the applicant was born on 21/11/1957 and he would have attained the age of 67 years on 20/11/2024, had he survived. Copy of death certificate dated 01/12/2019, 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, whichever is earlier, as per the pension provisions in force as issued vide letter dated 12/4/2018 of Department of Pension and Pensioners' Welfare (DoP & PW). The applicant was granted and paid enhanced Family Pension wef 17/11/2019 to 20/11/2022 instead of upto 20/11/2024.

The applicant is, thus, entitled for enhanced rate of family pension for a further period from 21/11/2022 to 20/11/2024 and is entitled to receive the difference between the Ordinary Family Pension and the Enhanced Family Pension. Further the applicant has crossed 65 years of age and pension is the only source of her income for livelihood and reduction in monthly pension has badly impacted her livelihood and caused financial hardship. 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, have submitted that, as per service record, the applicant is the wife of deceased Sgt Jetha Ram Choudhary which was also notified in the PPO issued while granting pension to the husband of the applicant. The Air Veteran expired on 16/11/2019. Thereafter, the applicant is in receipt of Ordinary Family Pension and the enhanced rate of Family Pension is payable for seven years from the date following the date of death or upto 20/11/2022, ie, the date upto which the air veteran would have attained the age of 65 years, if he remained alive. Respondents have further submitted that the provision of enhanced rate of Family Pension upto 67 years of age is applicable to post 30/5/1998 retirees/death cases. However, in the instant case, husband of the applicant was discharged from service on 30/11/1993 and hence, his family is not eligible for grant of enhanced rate of Ordinary Family Pension upto 67 years of age. The factual position was also intimated to the applicant vide letter dated 23/12/2021, Annexure R/3. Moreover, as per Circular No 630 issued by the PCDA (P), vide which the enhanced rate of family pension was enhanced from 65 to 67 years of age of service pensioner or 7 years after retirement whichever was earlier wef 30/5/1998. Since husband of the applicant was discharged from service on 30/11/1993 and, hence, the applicant is entitled for enhanced rate of family pension upto the age of 65 years of service pensioner or seven years after retirement, whichever is earlier.

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 clarifications 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 16/11/2019 and he would have attained the age of 67 years on 20/11/2024, had he survived. In the present case, the Applicant has been granted enhanced rate of Family Pension till 20/11/2022, ie., till the date on which her husband would have attained the age of 65 years given the fact that he was born on 21/11/1957. In the light of aforesaid clarifications, the Applicant is eligible for grant of enhanced rate of Family Pension till 20/11/2024, 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 21/11/2022 to 20/11/2024 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.

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

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

cda/-