Smt Guddi Devi Do Late Sep Dharajit Singh vs UOI & Others on 20 February 2026

O R D E R

20.02.2026

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying that the Liberalised Family Pension (LFP) granted to her mother, SmtBrijesh, be divided in accordance with Pension Regulations for the Army, 2008, and the applicant be granted her share of LFP, ie, 60% of emoluments last drawn. She has prayed that the applicant is entitled to division of LFP since her mother got re-married in 1994, therefore, arrears of pension be deducted out of her mother’s pension and granted to the applicant. Further, it has been submitted that in any case children born after re-marriage are not entitled to any share of LFP granted to her mother. She has prayed that the applicant be compensated for the cruelty meted out to her during her childhood, thereby rendering her totally handicapped, being 100% blind.

2. Vide Reply Statement, the Respondents have submitted that Sep Dharajit Singh Chahar, VirChakra, Father of SmtGuddi Devi, the applicant herein, was enrolled in the Army on 13/6/1985. While posted with his Unit (4 JAT), father of the applicant was martyred in Action in Operation PAWAN (Sri Lanka) on 13/1/1989. Accordingly, Liberalised Family Pension (LFP) was granted to the widow of the deceased soldier, ie, SmtBrijeshDevi, vide PPO dated 13/2/1989. The applicant had earlier filed CM WP No 38962/2017 before the Hon’ble Allahabad High Court for employment assistance on compassionate grounds, which was dismissed vide Order dated 18/9/2017. Based on her representation and submission of documents through the ZilaSainik Board concerned, Record Office, Jat Regiment, had published Part II Order for her change of name to “Guddi Devi” from the officially held, “Guddi”. Respondents have further submitted that in terms of Govt of India, Ministry of Defence letter dated 28/9/2021, which stipulates that, “ child/sibling of a deceased Govt servant/pensioner, who is suffering from a mental or physical disability, shall be eligible for family pension for life, if the appointing authority is satisfied that the disability is of such a nature so as to prevent him/her from earning his/her livelihood, as evidenced by a disability certificate from a competent medical authority. Such a child be deemed to be not earning his/her livelihood, if his/her overall income from sources other than family pension is less than the entitled family pension at ordinary rate and the dearness relief admissible thereon, payable on death of the Govt servant/pensioner concerned. However, in the instant case, SmtBrijesh Devi, widow of martyred soldier is still alive and drawing LFP. Moreover, the applicant is married and the husband of the applicant, ie, Mr Rupendra Singh, is also alive and earning. Hence, the applicant is not eligible for grant of LFP. In view of the factual position, Respondents submit that the applicant is not eligible for grant of share in LFP granted to her mother.

3. During the course of hearing, Counsel for the Applicant has passionately pleaded that the applicant has been a neglected child, deprived of her parental affection and care and is 100% blind and was married off to a daily wage earner, who is trying hard to make both ends meet. In view of her pitiable condition, the applicant deserves mercy for grant of her share in the LFP being drawn by her mother, who has re-married and leading her happy life with her husband.

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

5. Perusal of record reveals that the case of the applicant has already been dealt with by the Record Office, but did not find favour as the applicant being married, is dependent on her husband, who is also alive. Vide letter dated 10/2/2023, Records, The JAT Regiment, had taken up the plea of the Applicant with ARO, Agra Cantt and ARO Alwar, to investigate the matter with regard to plea of the applicant for division of LFP between her mother and herself and to submit investigation report for consideration of grant of family pension to the applicant.

6. Having heard the parties and taking into overall facts and circumstances of the case, we deem it appropriate that if any Representation/Request from the applicant with her prayer for division of LFP granted to her mother, wherein she be granted part of the LFP to her, is submitted to the Competent Authority within a period of one month from the date of receipt of a copy of this Order, the same shall be considered on its own merits by the Competent Authority in terms of Govt of India, Ministry of Defence, Department of Ex-Servicemen Welfare letter No 1(7)/2013/D(P/P) Vol I dated 28/9/2021 and the extant rules/policy on the subject, for redressal of the grievance of the Applicant made in the OA within a period of eight months thereafter. The outcome thereof shall be intimated to the applicant.

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

8. Miscellaneous Application pending, if any, also stands disposed off.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

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