Smt Sharifun Wo Late Hav Shahbuddin (Army) vs UOI & Others on 14 August 2025

O R D E R

14.08.2025

1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for grant of Ex-Gratia Award of Rs. 5 lakhs along with interest @ 12% per annum.

2. The brief facts as enunciated by the Applicant are that Late Hav Shahabuddin, husband of the Applicant was enrolled in the Army on 17.06.1971. While serving with 505 Army Base Wksp, Delhi Cantt, he met with a road accident while being on bonafide military duty and died on 03.12.1994. His death was considered as Attributable to Military Service and, accordingly, the Applicant has been granted Special Family Pension. The Applicant submits that her husband died while on bonafide military duty and, hence, she is eligible for grant of Ex-Gratia Award of Rs. 5 lakhs in terms of GoI, MoD letter No 20(1)/98/D (Pay/Services) dt 22.09.1998. The provisions for grant of Ex Gratia award are also provided in Rule 106 of Pension Regulations for the Army, 1961 (Part-1). The Applicant submits that earlier she was not aware of her entitlement for grant of Ex-Gratia but on knowing the same, she made representations as also issued Legal Notice for grant of Ex Gratia Award but to no avail. Therefore, the aggrieved Applicant has filed present OA.

3. The Respondents have 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 was living in ME Lines with his family and was due to retire in May 1995. He was detailed to undergo re-settlement course from 06.11.1994 to 25.01.1995 at Delhi Institute of Management Service, Barakhamba Road, New Delhi and while going to attend his course, he met with an accident near Ring Road, COD Road Junction at about 0930 hours on 03.12.1994 and died on the spot. The duly constituted Court of Inquiry considered his death as Attributable to Military Service and, accordingly, the Applicant has been granted Special Family Pension wef 04.12.1994. The provisions of Govt of India letter dt 22.09.1998 are applicable to the families of Defence Service personnel who die in harness in the performance of their bonafide official duties. The Applicant’s husband was going to attend re-settlement course and was not performing any bonafide military duty at the time of accident. Moreover, the provisions of Govt of India letter dt 22.09.1998 are applicable to all cases of death in harness occurring on or after 01.08.1997 whereas the Applicant’s husband died on 03.12.1994, ie., prior to the cut-off date of implementation of these orders. In view of the aforesaid averments, the Respondents have reiterated though the death of the Applicant’s husband was considered as Attributable to Military Service but the fact remains that he was not in performance of any bonafide military duty. Therefore, the Applicant is not eligible for grant of Ex-Gratia Award. The OA is devoid of merit and deserves to be dismissed.

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

5. The provisions for grant of Ex-Gratia Lump sum Compensation to the families of the Defence Service Personnel who die in harness are explained in Govt of India, Ministry of Defence letter No 20(1)/98/D (Pay/Services) dt 22.09.1998, the relevant portion of which reads as under:- “I am directed to refer to Government of India, Ministry of Personnel, Public Grievance & Pension, Department of Pension & Pensioner’s Welfare O.M. No 45/55/97- P&PW(C) dt 11.09.1998 and state that the President is pleased to decide that the families of Defence Service personnel who die in harness in the performance of their bona-fide official duties shall be paid the following Ex Gratia lump-sum-compensation:-

(a) Death occurring due to accidents in course of performance of duties Rs. 5.00 lakhs (b) Death occurring in the course of duties attributable to acts of violence by terrorists, anti-social elements etc Rs. 5.00 lakhs

(c) Death occurring during (i) enemy action in international war or border skirmishes; and (ii) action against militants, terrorists, extremists, etc Rs. 7.50 lakhs 2 to 3. xxxxxx

4. The conditions and guidelines to be observed governing the payment of ex gratia lump sum compensation in terms of these orders are indicated in the annexures.

5. The orders shall apply to all cases of death in harness occurring on or after August 1, 1997. In so far as cases of death occurred prior to August 1, 1997, are concerned, these shall be regulated and finalized in terms of the orders and instructions in force prior to the issue of these orders.

6. These orders supersede earlier orders issued on the subject vide Ministry of Defence letter No B.39902/XXII/AG/PS-4(d)/206 D (Pay/Services October 8, 1996 and amendment issued vide letter of even number dt June 4, 1997.

7. xxxxx”

6. On a careful perusal of Para 1(a) of aforesaid letter dt 22.09.1998, the condition for grant of Ex Gratia Award is that the death should occur due to accidents in course of performance of duties. In the present case, the Applicant’s Husband died in a road traffic accident while he was going to attend re-settlement course, thus, was on a bonafide military duty based on which, the

Applicant has already been granted Special Family Pension. Journey to and from duty station also forms part of bonafide military duty. However, the fact remains that the husband of the Applicant died in harness on 03.12.1994 whereas the implementation of the MoD letter dt 22.09.1998 regarding Ex-Gratia award was wef 01.08.1997. As the Applicant’s husband died prior to the coming into effect of the policy on Ex-Gratia award, the Applicant does not get covered under these guidelines.

7. Notwithstanding above, taking into consideration overall facts and circumstances of the case as also the fact that the death of Late Hav Shahabuddin was considered as Attributable to Military Service based on which the Applicant has been granted Special Family Pension, we direct the Respondents to reconsider the case of the Applicant for grant of Ex Gratia Award afresh in the light of Para 1 (a) of Govt of India, Ministry of Defence letter dt 22.09.1998 within a period of six months from the date of receipt of a certified copy of this Order. Outcome of the case shall be intimated to the Applicant.

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

9. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-