Shri Ram Chander Fo Late Rect Sandeep Kumar vs UOI & Others on 4 August 2025

**O R D E R**

**04.08.2025**

1. 1. Under Section 14 of the Armed Forces Tribunal Act 2007, Smt Kamla Devi, Mother of late Recruit (Sep/Sigman) Sandeep Kumar, had filed this OA praying for directing the Respondents to grant Special Family Pension to her on the demise of her son, Recruit (Signalman) Sandeep Kumar. She had also prayed for grant of all remaining death benefits of the deceased soldier being the legal NoK of her deceased son.

2. 2. During the pendency of the OA, Smt Kamla Devi, the original applicant in the OA expired on 11/5/2021 and based on the LR application filed by the Counsel for the applicant, father of the deceased soldier, Mr Ram Chander, has been substituted in place of the original applicant, vide Order dated 23/8/2023 of this Tribunal.

3. Brief facts of the case as enunciated by the original applicant are that Recruit Signalman Sandeep Kumar, son of the applicant, enrolled in the Army on 21/1/2011 and died in a road accident while he was going to Jhunjhunu Railway station for arranging his rail reservation on 03/3/2012 for his return journey to the unit located at Jodhpur on expiry of his part of annual leave. A court of inquiry had been instituted to go into the circumstances under which the son of the applicant died. Although the same has been finalised, but its opinion/findings have not been supplied to the applicant so far. The applicant further submits that since her son died while he was going to get his return journey reservation to rejoin his unit on expiry of leave granted to him and, hence, his death was attributable to military service, entitling her to get the Special Family Pension in the given circumstances. However, despite her best efforts, the relief has not been granted to her. Having been aggrieved, the original applicant has filed the OA, praying for relief.

4. Vide Reply Statement, the Respondents have stated that son of the applicant sustained injury in a road accident on 03/3/2012 when he was on leave at his home town, Jhunjhunu. Due to the severe injuries sustained due to the accident, he died on 07/3/2012 in SMS Hospital, Jaipur. The deceased soldier had nominated his father as the NoK at the time of his enrolment. Hence, the claim for grant of special family pension was rejected by the PCDA (P) vide their letter dated 10/1/2013 on the ground that no judicial separation has taken place between the father and mother of the deceased soldier and mother can be treated as dependent on her husband, ie, father of the deceased soldier, who happens to be an Ex-serviceman and is in receipt of his service pension. Thus, neither the mother nor the father of the deceased are eligible for ordinary family pension. Also, income of the NoK should not exceed more than Rs 3500/- pm including Dearness Relief, in terms of Govt of India, Ministry of Defence letters dated 03/2/1998 and 28/8/1998. Respondents have also stated that the deceased son of the applicant was not yet attested as a trained soldier at the time of his death because of non receipt of verification report from the civil authorities.

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

6. It is evident from the record that the Recruit Sandeep Kumar died in a tragic road accident on 07/3/2012 at Sikar District Rajasthan while he was on 30 days Part of Annual Leave wef 07 to 07/3/2012. From the proceedings of the Court of Inquiry that had gone into the circumstances under which he died, it was opined by the General Officer Commanding, HQ 61 Sub Area that his death was attributable to military service as he was on leave and the circumstances are related to military service as he was going to Jhunjhunu Railway station to get his train reservation to proceed to his new unit. The court of inquiry has also opined that no foulplay was suspected in the death of the individual. It has also recommended granting service benefits of the deceased to his NoK as per rules. As per statement of the Respondents the deceased soldier had nominated his father, the present applicant in the OA, as his NoK. Grant of Special/Ordinary Family pension to the applicant was denied on the ground that the present applicant is a retired army man and is in receipt of his service pension.

7. In view of the foregoing and the since the death of the deceased soldier has been considered as attributable to military service, we consider it appropriate to remit the case back to the Respondents for reconsidering the case for grant of Ordinary Family Pension to the present applicant, who is the father of the deceased soldier. It would be prudent to observe that given the number of judgments passed by this Tribunal including the Principal Bench of the Armed Forces in granting ordinary family pension to the mother/father of the deceased soldiers, rejecting ordinary family pension to the NoK of deceased soldier on the specious grounds of income criteria does not hold water. We expect the Respondents to take a decision in granting Ordinary Family Pension to the applicant in terms of rules/regulations as also based on the judgments of various AFTs in this regard within a period of six months from the date of receipt of a copy of this Order. The outcome shall be intimated to the applicant accordingly.

1. 8. The OA is disposed off accordingly. No order on costs.

2. 9. Pending application, if any, also stands disposed off.

(SANJIV MITTAL) MEMBER (A)

(GOVERDHAN BARDHAR) MEMBER (J)

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