Smt Sarda wdo Late Sub Bhagwana Ram vs UOI & Others on 24 April 2026

1. 1. The Defence Secretary, Govt of India, Ministry of Defence, South Block, New Delhi - 110011

2. 2. The Chief of the Army Staff, IHQ of MoD (Army) South Block, New Delhi – 110011

3. 3. Additional Directorate General of Personnel Services (PS-4), AG's Branch, IHQ of MoD (Army) DHQ PO, New Delhi - 110011

4. 4. The OIC Records, Records The Jat Regiment PIN-900496, C/o 56 APO

5. 5. The OIC G-4 Section, PCDA (P) Draupadi Ghat, Allahabad (UP)-211014

.... Respondents

For Applicant : Mr. BL-Doot, Advocate For Respondents : Mr. Brij Bhari Sharma, Advocate

**CORAM:**

**HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)** **HON'BLE MR. SANJIV MITTAL, MEMBER (A)**

**O R D E R****24.04.2026**

1. 1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying for directing the Respondents to grant Special Family Pension to the Applicant wef 03.06.2007 and that the arrears be paid along with interest @ 12% per annum.

2. 2. The brief facts of the case are that the Applicant's husband, Late Sub Bhagwana Ram, was enrolled in the Army on 29.03.1980 and died in harness on 02.06.2007 at his hometown (Dhari Tetarwal) while on Casual Leave due to heart failure caused by Cardiac Asystole (Acute Myocardial Infraction) and the Applicant has been granted Ordinary Family Pension. The Applicant was informed vide letter dt 19.02.2008 that the death of her husband has been considered as Not Attributable to Military Service and, hence, the claim for grant of Special Family Pension was rejected by the Competent Authority. Being an illiterate lady, the Applicant was not aware of her entitlements for pensionary benefits and, hence, she made no appeal against rejection of Special Family Pension claim. On knowing her entitlements, the Applicant preferred an Appeal before the Competent Authority for grant of Special Family Pension. However, without considering the case on merits, it was rejected vide letter dt 29.04.2024 on the grounds of delay. The Applicant submits that her husband died in harness at hometown due to Cardiac Arrest while on Casual Leave, which is part of duty and, hence, his death should be considered as Attributable to Military Service while on bonafide Govt duty and, consequently, the Applicant should be granted Special Family Pension.

3. The Respondents filed a detailed reply to the Application and while not disputing the basic facts presented by the Applicant, they have submitted that the Applicant's husband died at his hometown while on Casual Leave which has no causal connection to military service in terms of Entitlement Rules for Casualty Pensionary Awards, 2008 and IHQ of MoD (Army) letter No B/40122/MA(P)/AG/PS-5 dt 20.07.2006. The Applicant was informed about rejection of her claim for grant of Special Family Pension vide letter dt 19.02.2008 but she made no Appeal against rejection of the claim. Since the Applicant had submitted an Appeal against rejection of Special Family Pension after a long delay of 16 years, the same was rejected on the grounds of delay alone vide letter dt 29.04.2024. In view of the aforesaid averments, the Respondents have reiterated that the OA is devoid of merit and deserves to be dismissed.

4. We have heard Counsels for both the parties and perused the material placed on record.

5. It is not in dispute that the Applicant's husband died on 02.06.2007 at his hometown while on Casual Leave due to heart failure caused by Cardiac Asystole (Acute Myocardial Infraction). The Applicant was communicated about the rejection of Special Family Pension claim on the grounds that the death of her husband was considered as Not Attributable to Military Service by the Competent Authority. On knowing about her entitlements, she preferred belated Appeal dt 26.02.2024 before the Competent Authority against rejection of Special Family Pension claim, however, without considering the same on merits, the same was rejected by the Competent Authority on the grounds of delay. However, it was clarified vide Records The Jat Regiment letter dt 20.04.2024 that since her husband's death was not attributable to military service, she was not entitled to Special Family Pension in terms of Regulation 105 of the Pension Regulations for the Army, 2008 (Part-1).

6. Taking into consideration the fact that the Applicant is an illiterate lady residing in remote village with no access to information with regard to her pensionary entitlements and also the fact that the Competent Authority rejected her Appeal on the grounds of delay alone without considering it on merits, we deem it appropriate to condone the delay in filing the Appeal against rejection of Special Family Pension and direct that in case the Applicant submits a fresh Appeal before the Appellate Authority within a period of one month, the Appellate Authority shall decide the same on merits taking into consideration the reasons advanced by the Applicant within a period of six months thereafter in the light of extant rules/ regulations and policies. The outcome thereof shall be intimated to the Applicant.

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

8. No order on costs.

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(SANJIV MITTAL) MEMBER (A)

(GOVERDHAN BARDHAR) MEMBER (J)

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