Smt Jyoti Kanwar wdo Late Rfn Krishna Kumar vs UOI & Others on 20 July 2026

**ORDER**

**20.07.2026**

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying therein for directing the Respondents to grant Special Family Pension instead of Ordinary Family Pension along with consequential benefits and that the arrears be paid along with interest @ 12% per annum.

2. Brief facts of the case as enumerated by the Applicant are that the husband of the Applicant was enrolled in the Army on 15.02.2010 and died on 09.06.2018 due to accidental fall from Train between Railway Stations Barrakpore and Titagarh Railway Stations while he was on duty. The Applicant has been granted Ordinary Family Pension instead of Special Family Pension. The Applicant submits that in terms of Para 423 of Regulations for Medical Services and 213 of Pension Regulations for the Army, 1961 (Part-1), the Applicant is entitled for grant of Special Family Pension as her husband died due to accidental fall from train while on bonafide military duty. The Applicant made representations and also issued Legal Notice to the Respondents for grant of Special Family Pension but to no avail. Therefore, the aggrieved Applicant has filed present OA.

3. The Respondents have filed a detailed Reply Statement and while not disputing the basic facts presented by the Applicant, they have submitted that the Applicant's husband was granted one day Casual Leave on 09 Jun 2018 and he died on 09.06.2018 due to an accident beyond his control. His dead body was found beside Railway track on 10.06.2018 between Titagarh and Barrackpore Railway Stations. Court of Inquiry held to enquire about the unfortunate death of the Applicant's husband did not suspect any foul play or drugging in the cause of the death and considered the death as Attributable to Military Service. The case for grant of Special Family Pension was processed with PCDA (P) Allahabad who rejected the Special Family Pension claim on the grounds that there was no eye witness to the circumstances leading to the death of the Applicant's husband and as per Leave Certificate, his leave address was mentioned as VPO-Pitanwar, Tehsil- Udaipurwati, District-Jhunjhunu (Raj) and granted Ordinary Family Pension to the Applicant. The PCDA (P) returned the case for grant of Special Family Pension to Record Office of the deceased soldier with a request to re-examine the same and re-process for grant of Special Family Pension, if found eligible. Thereafter, Record Office of the deceased soldier asked for the copies of Court of Inquiry from the Applicant's Unit, i.e., 15 RAJ RIF repeatedly but 15 RAJ RIF did not submit copy of the Court of Inquiry to the Record Office. The Respondents have submitted that as per Para 105 (a) of Pension Regulations for the Army, 2008 (Part-1), the Applicant is entitled for grant of Special Family Pension, however, the same is held up for want of Court of Inquiry from 15 RAJ RIF. In the absence of copy of Court of Inquiry, the Record Office did not process the case of the Applicant for grant of Special Family Pension.

4. We have heard Learned Counsels for both the parties and perused the material placed before us. Perusal of documents placed on record reveals that the Record Office of the deceased soldier had repeatedly requested the unit of the Applicant (15 RAJ RIF) to submit the copy of Court of Inquiry held to investigate the circumstances leading to the death of the Applicant's husband to process the case for grant of Special Family Pension but the same has not been forwarded to the Record Office by the Unit of the deceased soldier.

5. With regard to consideration of personnel subject to Army Act, 1950 on duty, relevant paragraph 9 of Entitlement Rules for Casualty Pensionary Awards, 2008 reads as under:- "9. **Duty.** For the purpose of these Rules, a person subject to the disciplinary code of the Armed Forces shall be treated on duty:-

- (a) When performing an official task or a task failure to do which would constitute an offence, triable under the disciplinary code applicable to him.

- (b) When moving from one place of duty to another place of duty irrespective of the mode of movement.

- (c) xxxxxx

- (d) When proceeding on leave/valid out pass from his duty station to his leave station or returning to duty from his leave/valid out pass.

Note 1. An Armed Forces personnel while traveling between his place of duty to leave station and vice-versa is to be treated on duty irrespective of whether he has availed railway warrant/concession vouchers/cash TA etc or not for the journey. This would also include journey performed from leave station to duty station in case the individual returns early.

Note 2. The occurrence of injury should have taken place in reaching the leave station from duty station or vice-versa using the commonly available/adopted route and mode of transport.

(e) When travelling by a reasonable route from one's official residence to and back from the appointed place of duty, irrespective of the mode of conveyance (whether private or provided by the Government).

(f) Death or injury which occurs when an individual is not strictly 'on duty', eg., on leave, including cases of death/disability as a result of attack by or action against extremists or anti-social elements may also be considered attributable to service, provided that it involved risk which was due to his belonging to the Armed Forces and that the same was not a risk faced by a civilian. Death and disability due to personal enmity is not admissible.

*Note: For the purpose of these Rules, leave shall include casual leave. Leave/Casual Leave shall not be treated as 'duty' except in situations mentioned above."*

6. As regards grant of Special Family Pension, Para 213 of Pension Regulations for the Army 1961, Part 1, reads, as follows :- *"213. A Special Family Pension may be granted to the family of an Individual if his death was due to or hastened by :-*

- *(a) A wound, injury of disease which was attributable to military service.*

- *(b) The aggravation by military service of a wound, injury or disease which existed before or arose during military service".*

7. With regard to causal connection between disability or death and military service, Para 6 of Entitlement Rules for Casualty Pensionary Awards to Armed Forces Personnel, 2008, reads as follows :- *"6. For award of disability pension/special family pension, a causal connection between disability or death and military service has to be established by appropriate authorities".*

8. In the present case, the Respondents have stated that the Applicant's husband was granted one day Casual leave on 09.06.2018. However, the OA filed by the Applicant contains the statement that on that fateful day, her husband was travelling on service duty, which is in contradiction with the statement of the Respondents. He was found dead beside Railway track between Barrakpore and Titagarh Railway Stations. Though leave address of the deceased soldier was mentioned as his hometown, ie., Village Titanwar in Jhunjhunu District of Rajasthan. It was not possible for him to visit his hometown with only one day of CL, as his hometown was located at a far off place from his duty station. However, it is also on record that he had taken one day leave for personal shopping in Sealdah. The PCDA (P) had accordingly rejected the Special Family Pension claim and returned the same for re-consideration by the Record Office and re-process the same, if found eligible as the Applicant's husband had not died while on duty. Though, the Respondents have conceded in their Reply Statement that the Applicant is eligible for grant of Special Family Pension but the same is pending for want of copies of Court of Inquiry as it would make clear the position whether the deceased soldier was on duty or otherwise travelling on his own for personal work. Though, copy of Court of Inquiry has not been placed on record by the Respondents, but as per the directions of Station Commander, Barrakpore on the Court of Inquiry, the death of the deceased soldier has been considered as Attributable to Military Service.

9. Taking note of the overall circumstances of the case, we direct the Respondents to re-consider the case of the Applicant for grant of Special Family Pension or otherwise in terms of Rule 105 of Pension Regulations for the Army, 2008 (Part-1) and other relevant rules/regulations and policy within a period of six months from the date of receipt of a certified copy of this Order and intimate outcome of the case to the Applicant.

भक्त्यम्ब भजनम्

10. The OA is disposed—Off accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.

11. No order on costs.

Sd/- XXX

Sd/- XXX

(SANJIV MITTAL) MEMBER (A)

(GOVERDHAN BARDHAR) MEMBER (J)

Ssy/-

यतो न्यायः ततो जयः