Smt Phoola Devi wdo Late Sub Ganga Ram vs UOI & Others on 16 July 2026

**ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR**

**1. OA 206/2025 with MA 301/2025**

**Smt Phoola Devi, wd/o JC-697268W Late Sub Ganga Ram, Resident of Village Dhakipura, Post Dhankoli, Tehsil & District Didwana Kuchaman, Rajasthan**

**.... Applicant**


**1. UOI, through the Secretary to the Govt of India, Ministry of Defence, Department of Ex-Servicemen Welfare, South Block, New Delhi – 110 011**

**2. The PCDA (P), Prayagraj, UP – 211 014**

**3. The OIC Records, AMC Records, Lucknow – 226 002**

**.... Respondents**

**सत्यमेव जयते**

**For Applicant : Mr. Tansukh Rai, Advocate**

**For Respondents : Mr. Pyare Lal, Proxy for**

**Mr. Arun Kumar, Advocate**

**: Capt Divya Singh Bhati, OIC Legal Cell,**

**HQ 61 Sub Area**

**CORAM:**

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

**HON'BLE MR. SANJIV MITTAL, MEMBER (A)**


**1. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondents to release the benefits of Special Family Pension to the applicant wef 14/10/2022 with 18% interest thereon. She had also prayed for award of cost she being a poor applicant as also any other order or direction may be deemed fit in the circumstances may also be passed in favour of the applicant in the interest of equity, justice and law.**

**2. Vide Reply Statement, the Respondents have submitted that JC-697268W Ex Subedar Ganga Ram, late husband of the applicant herein, was enrolled in the Army on 17/4/1994 and was discharged from service on 30/4/2022 on completion**


of service limit under Rule 13 (3) Item I (i) (a) of Army Rules 1954. He had rendered 28 years and three days of service and was granted service pension for life. Since the husband of the applicant was in low medical category at the time of his discharge from service, the duly constituted RMB assessed his disability, "Dilated Cardio Myopathy (Post Myocarditis) with Severe Left Ventricular Systolic Dysfunction with Severe Mitral Regurgitation (Mitra Clip Implantation Done)" @100% for life and considered it as attributable to military service. After his discharge, he died on 14/10/2022 and subsequently, the applicant was granted Ordinary Family Pension wef 15/10/2022. In response to the plea of the applicant for grant of Special Family Pension, Record Office vide their letter dated 17/12/2023 directed the applicant to submit Postmortem Report of late husband of the applicant which has not been submitted till date.

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

4. It is evident from the material on record that husband of the applicant was discharged from service on 30/4/2022 on completion of his service limit under Rule 13 (3) Item I (i) (a) of Army Rules 1954. He had rendered 28 years of qualifying service and was granted service pension for life. The duly constituted RMB assessed the disability of husband of the applicant, "Dilated Cardio Myopathy (Post Myocarditis) with Severe Left Ventricular Systolic Dysfunction with Severe Mitral Regurgitation (Mitra Clip Implantation Done)" @100% for life and considered it as attributable to military service. Unfortunately, husband of the applicant expired within a short span of hardly five months from his date of discharge from service on 14/10/2022. Upon demise of her husband, the applicant was granted Ordinary Family Pension. The Medical Certificate of cause of death All Ranks, Annexure A/5, issued by the Army Hospital (R & R), New Delhi, 

establishes that the husband of the applicant died of the same disease/disability with which he was discharged from service.

5. With regard to grant of Special Family Pension, Para 105 of Pension Regulations for the Army 2008, Part I reads as follows :-

105. (a) Special family pension may be granted to the family of Service personnel if his death occurred in the circumstances mentioned in category B and category C of Regulation 82 of these Regulations due to or hastened by:

(i) a wound, injury or disease which was attributable to military service, or सत्यमेव जघत्

(ii) was due to aggravation by service of a wound, injury or disease which existed before or arose during service and in case of death after retirement/discharge. Provided that the service personnel had retired/discharge otherwise than voluntarily/at own request on compassionate grounds before completion of terms of engagement".

6. The issue has also been amplified by PCDA (P) vide their Circular No 440 dated 26/8/2010, in which it is held that an individual who is in receipt of disability pension does within a period of seven years from the date of discharge/release/retirement due to cause other than accident/injury may be considered to have died of the disease, i.e. the aggravation of accepted ID, for which he was granted disability pension may be so established by the competent Medical authority and adjudicated by the OIC Records.

7. In view of the foregoing and since the husband of the applicant had expired on 14/10/2022 barely six months from his date of discharge from service on 30/4/2022 and Army Hospital (R & R) New Delhi had also certified that he died of the same disease with which he was discharged from service, the applicant is entitled for grant of Special Family Pension in terms of extant rule/policy on the 

subject.

8. In fine, the OA is allowed and the Respondents are directed to grant Special Family Pension to the Applicant wef 15/10/2022 within a period of six months from the date of receipt of a copy of this Order, failing which the applicant shall be entitled interest @6% per annum on the whole amount till the date of its actual payment. Ordinary Family Pension already paid shall be adjusted suitably.

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

10. Pending application, if any, also stands disposed off.

Sd/- x x x Sd/- x x x

(SANJIV MITTAL) MEMBER (A)

(GOVERDHAN BARDHAR) MEMBER (J)

cda/-