Smt Likhma Ram So late Nk Bhawana Ram (Army) vs UOI & Others on 29 October 2025

O R D E R

29.10.2025

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the original applicant in this matter, SmtRukmani, widow of Army No 1637/4087 late NaikBhawana Ram, Permanent Resident of Village and Post Nimri, Tehsil Parbatsar, District Nagaur, Rajasthan, had filed this OA, praying for quashing and setting aside the Impugned Order, Annexure A/1 and A/2, being arbitrary and illegal and that the husband of the applicant be declared to be entitled for grant of service element of disability pension for the period 15/7/1951 till his death on 19/7/1960 alongwith arrears of pension with interest @18% pa. She had further prayed to direct the Respondents to grant Ordinary Family Pension in her favour with effect from the death of her husband, ie, 20/7/1960 for life and grant of enhanced/increased rate of Family Pension after attaining the 80 years of age with effect from 01/1/2007 and suitable compensation by way of costs for the mental agony and litigation.

2. During the pendency of the ibid OA, the original applicant is stated to have expired on 15/9/2018 and based on the MA No 426/2021, the present applicant, Mr Likhma Ram, s/o the originalapplicant was substituted in place of the original applicant vide Order dated 09/1/2025 subject to verification by the Respondents.

3. Brief facts of the case as enunciated by the original applicant are that the husband of the applicant (hereinafter called Father of the present Applicant) was enrolled in the Jodhpur SardarInfantry on 11/10/1935 as a Sepoy and was Invalided out from service 10/5/1946 through an Invalid Medical Board due to his Permanent low medical category, Annexure A/4. Father of the applicant was sanctioned disability pension for the period 11/5/1946 to 14/7/1951 vide CDA (P) PPO No Raj/3768/D dated 13/2/1952 through the Sub Treasury office, Parbatsar, District Nagaur, Rajasthan, Annexure A/6. Disability pension of the father of the applicant was stopped wef 15/7/1951 due to the disability having bee re-assessed below 20% and the disability pension was stopped thereafter. He died on 19/7/1960, Annexure A/7. It is further submitted that a Representation submitted by the applicant for grant of Disability Pension to the father of the applicant was rejected vide letter dated 08/9/1998, Annexure A/1 by the Respondents. The Hon’ble Supreme Court in the case of UOI & Ors ExGnrSinchetty&Ors, SLP No 20868 of 2009, vide which service element of disability pension to all those who had been invalided out from service prior to 1973 with less than minimum qualifying service for pension was made applicable. On the basis of this Judgment, the Respondents had issued a Circular dated 10/2/2014 whereinall pre 1973 invalided out personnel for whom disability pension was initially sanctioned but stopped due to re-assessment of disability being assessed below 20%, were also be entitled for service element for life, Annexure A/10. Based on the development, the applicant submitted a Representation alongwith requisite documents to the Respondents vide his letter dated 28/12/2014, Annexure A/3, for grant of disability pension for the period when her husband was alive and thereafter Ordinary Family Pension to the original applicant for life. However, no response was received from the Respondents. Having been aggrieved, the original applicant had filed this OA, praying for relief.

4. The Respondents have filed a detailed Reply Statement. At the outset, they have submitted that in terms of Para 595 of Regulations for then Army 1987 (Revised Edition), service documents are retained for a period 25 years. Accordingly, Sheet Roll of No 1637/4087 late Bhawana Ram was destroyed by burning by a Board of Officers on expiry of its retention period. However, as per entries recorded in the Long Roll maintained by the Records, The Rajput Regiment, the individual was enrolled in the Sardar Infantry, Jodhpur on 11/10/1935, Annexure R/1. Further, perusal of Rajput Regiment letter No 1637/4087/17/FP/Pre-64/CN 4091 dated 08/9/1998, and on scrutiny of photocopy of Pension certificate issued by the Sub Treasury Officer, Parbatsar and entry recorded on the front page of the Pay Book, it was revealed that the husband of the original applicant, late NaikBhawani Ram, was medically boarded out with medical category ‘B’ and was granted disability pension wef 11/5/1946 to 14/7/1951 only and last pension was drawn by him on 21/5/1952, Annexure R/2. Husband of the original applicant died on 19/7/1960. Thus, it is clear that the late husband of the original applicant was not granted pension till his death. The original applicant was informed that as per the policy existing at that time, ordinary family pension under Pre-64 Scheme is admissible only for those legal heirs of the deceased soldiers who were in receipt of pension till the date of their death. Since the original applicant’s husband was in receipt of disability pension till 14/7/1951only and he died on 19/7/1960, the original applicant was not entitled for grant of ordinary family pension under Pre 64 Scheme. However, she was asked to produce concrete proof, if any, showing that her late husband was in receipt of disability pension till the death of her husband and was also advised to forward the same alongwith lifetime arrears payment certificate from the Pension Disbursing Authorities (PDA) indicating the amount of pension, period of lifetime arrears, date of payment and name of legal heirs to whom the life time arrears was paid alongwith descriptive serial number through the ZilaSainikKalyanAdhikari of the District. However, no correspondence to this effect was made by the original applicant. Respondents further submit that since late NaikBhawanaRam had not completed 15 years of requisite qualifying service to earn minimum service pension in terms of Para 227 of Pension Regulations for the Army 1940, he was not eligible for grant of service pension. Further, in terms of PCDA (P) Circular No 527 of 25/4/2014 read in conjunction with Govt of India,

Ministry of Defence letter No 12(28)/2010-D (Pens-Pol) dated 10/2/2014, the conditions prescribed prior to 01/1/1973 for continuance of service element with reference to minimum stipulated qualifying service, in cases where the accepted degree of disability subsequently fell below 20% having been dispensed with wef 01/1/1973 or the date from which the accepted degree of disability fell below 20%, whichever is later. The NoK of such invalided out personnel who at the time of invalidment were in receipt of disability pension and subsequently died, are also entitled for family pension from the date of death of the individual or wef 01/1/1973, whichever is later. In order to implement the revised policy on the subject, Records The Rajput Regiment has forwarded the requisite Annexures to the applicant to fill in the data and obtain signatures of the PDA and return the same through the Zila Sainik Board for processing the case vide letter dated 23/7/2015. However, the original applicant had not responded to the above letter and advice.

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

6. From the exiguous material placed on record, it is evident that the husband of the Applicant was enrolled in the Sardar Infantry Jodhpur on 11/10/1935 and was medically boarded out from service on 10/5/1946. Husband of the Applicant was granted Disability Pension wef 11/5/1946 to 14/7/1951 and as per the statement of the Respondents, he had drawn his last pension on 21/5/1952. He died on 19/7/1960. The Family Pension was not granted to the Applicant herein upon demise of her husband in accordance with the then prevailing policy under Pre-64 Scheme, as the same was admissible for those legal heirs of the deceased soldiers who were in receipt of pension till their death. However, with the enactment of new policy as contained in Govt of India, ministry of Defence letter No 12(28)/2010-D(Pen/Pol) dated 10/2/2014 and PCDA (P) Circular No 527 dated 25/4/2014, the conditions prescribed earlier was done away with and the NoK of individuals who at the time of invalidment were in receipt of disability pension and subsequently died, are also made entitled for grant of family pension from the date of death of the individual or with effect from 01/1/1973, whichever is later. Accordingly, the original applicant, SmtRukmani, widow of NaikBhawana Ram was requested by Records The Rajput vide their letter dated 16/2/2016 to submit requisite documents to process her claim for Family Pension. However, despite adequate steps taken by the Record Office in advising the original applicant to submit the requisite documents to enable them to process the case vide their letters dated 23/7/2015 and 16/2/2016, the original applicant had not responded to the advice of the Record Office, during her lifetime, ie, till her demise on 15/9/2018. Therefore, we are of the considered view that the relief could not be extended to the Original Applicant during her lifetime because of her own fault, as is evident from the statement of the Respondents that she had shown no enthusiasm in pursuing her case to its logical conclusion. In view of the foregoing and since the original applicant, late SmtRukmani failed to respond to the advice of Record Office and submit requisite documents to process her case for grant of Family Pension during her life time, with her demise on 15/9/2018, the OA stands abated.Further, as no documents could be submitted by the Original Applicant till her demise, the LR of the Original Applicant viz, Shri Likhma Ram, stated to be her son, has no locus standi to claim LTA for the pension which was never granted to the Original Applicant.

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

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

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

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