Shri Vir Singh so late Nk Udmi Ram (Army) vs UOI & Others on 1 September 2025

1. 1. UOI, through the Secretary to the Govt of India, Ministry of Defence, Govt of India, New Delhi

2. 2. The PCDA (P), Prayagraj, UP

3. 3. OIC Records, Signal Records, Jabalpur – 482 001

.... Respondents


**For Applicant**

**: Mr Rajesh Gadwal, Advocate**

**For Respondents**

**: Mr Gajendra Sharma, Advocate**

सत्यमेव जयते

**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 grant Family Pension to the Applicant wef 06/7/2014 and to issue a fresh PPO in favour of the applicant within a period of three months.

2. Brief facts of the case as mentioned by the applicant are that the Father of the Applicant, Late Naik Udmi Ram, was granted pension wef 04/9/1969 and he expired on 20/6/2001 and after his demise, family pension was granted to the mother of the applicant. Unfortunately, mother of the applicant also died on 05/7/2014. After the death of the parents, the applicant had approached the Respondents for grant of family pension, he being a 60% disabled person for which Base Hospital, Delhi Cantt issued a certificate on his Permanent Disability and, hence, the applicant is entitled for grant of family pension as applicable to handicapped children of Ex-Servicemen. However, his request was not acceded to by the Respondents and, hence, this OA.

3. Vide Reply Statement, the Respondents have submitted that the father of the applicant, No 6261553 Late Naik Udmi Ram, was enrolled in the Army on 27/10/1951 and was discharged from service on 04/9/1969 under Army Rule 13 (3) Item III (i) on fulfilling the conditions of his enrolment. He had rendered 22 years and 45 days of qualifying service, including four years and 97 days in RAISC (MT) from 26/10/1941 to 30/1/1946, for which he was in receipt of service pension. As per service record of the deceased soldier, he got married to Smt Sarthi on 15/6/1940 according to Hindu rites and he had been blessed with three daughters and four sons, the applicant being the last one amongst the siblings, born on 25/1/1950, Annexure R/2. Father of the applicant died on 11/6/2007, Annexure R/3. After his demise, his widow, Smt Sarthi, was granted family pension. She also expired on 05/7/2014. The applicant being the youngest son of the deceased ex-serviceman, had submitted a disability certificate dated 28/3/2019, wherein his disability, "Kuphoscolosis with Residual Polio (B/L) Lower Limb", was assessed @ 60% by Base Hospital, Delhi Cantt, Annexure R/6. The applicant had also approached the Record Office to publish his disability and, accordingly, the same was notified vide Part II Order dated 06/6/2019. Further, as per Regulation 68 (b) of the Pension Regulations for the Army 2008, Part I, ordinary family pension shall first be payable to the surviving spouse and in his absence or in the event of his disqualification or death, to the eligible child in the order of birth irrespective of the sex of the child and the younger of them will not be eligible for family pension unless the elder above him becomes ineligible for the grant of ordinary family pension, Annexure R/9. Further, as per Regulation 69 (i) of the ibid pension regulation which stipulates that the ordinary family pension shall be paid to a physically/mentally handicapped child through the guardian, as if he or she was a minor except in the case of the physically crippled or disabled son/daughter, who has attained the age of majority. However, in the case of a mentally retarded son or daughter, the family pension shall be payable to a person nominated by the service personnel/pensioner, as the case may be, and in case no such nomination has been furnished to the Army HQ/Record Office by such service personnel or pensioner during his life time, to the person nominated by spouse of such service personnel or family pensioner, as the case may be. Also, in accordance with Govt of India, Ministry of Defence, Department of Ex-Servicemen Welfare letter dated 15/5/2015, "the employee/pensioner/family pensioner may, at any time before or after retirement/death of Armed Forces Personnel, make a request to the Appointing Authority seeking advance approval for grant of family pension for life to a permanently disabled child/sibling in terms of provisions contained in Govt of India, Ministry of Defence letter dated 27/8/1987 as amended vide letter dated 13/8/2008. Respondents further submit that in accordance with Govt of India, Ministry of Defence, Department of Ex-servicemen Welfare letter dated 15/5/2015, a physically/mentally disabled son/daughter would be eligible for family pension, (Annexure R/11), if the disability of the claimant occurred during the lifetime of his parent and is of such nature as to prevent him/her from earning his livelihood and the same shall be endorsed in the disability certificate. In any case, the monthly income of the claimant should not be more than 9000/- pm plus DA wef 01/1/2016. In the instant case, the applicant had never approached the controlling/appointing authority, ie, Signal Records, Jabalpur for grant of family pension. The Respondents have further raised objection to the fact that parents of the applicant had never approached the Record Office seeking advance approval from the appointing authority for grant of family pension in favour of the applicant before their demise. And the disability certificate dated 28/3/2019 issued by the Base Hospital, Delhi Cantt is not as per the format prescribed in Appendix A to Govt of India, Ministry of Defence letter dated 13/8/2008 and that in the said certificate issued by the Base Hospital, the Clause, "He is unable to earn his livelihood" has been scored out, which implies that the applicant is able to earn his livelihood and, hence, the applicant is not eligible for grant of family pension as prayed for. Further, date of origin of his disability has also not been mentioned in the disability certificate and in case the applicant has been disabled after demise of both his parents, then he would not be eligible for family pension, as he was not dependent on his parents during their life time. Also, being an essential document, the applicant has also not furnished his income certificate issued by the Revenue authorities mentioning his monthly income from all sources for grant of family pension.

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

5. From the record/documents placed on record, it is an incontrovertible fact that the father of the Applicant, Nk Udmi Ram, was an army pensioner with more than 22 years of service to his credit and was in receipt of service pension wef 05/9/1969. Upon the demise of his father on 11/6/2007, mother of the applicant, Smt Sarthi, was granted family pension. She also breathed her last on 05/7/2014. The applicant, whose date of birth is 25/1/1950, is the seventh child amongst the siblings borne to their parents. Post demise of both the parents, a Disability Certificate dated 28/3/2019, which declares the applicant a disabled person for the disability, "Kuphoscoliosis with Residual Polio (B/L) Lower Limb", with 60% disability, which is of a permanent nature, who also needs support to walk, was issued by the Base Hospital, Delhi Cantt. Based on the strength of this disability certificate, the applicant approached the Record for publication of his disability and for grant of family pension. While the necessary Casualty about the disability of the applicant has already been published vide DO Part II dated 06/6/2019, prayer of the applicant for grant of family pension was not acceded to as the applicant had not submitted all the requisite documents including the vital income certificate. From the record and based on the statement of the Respondents, it is also revealed that the father of the applicant nor his spouse, the family pensioner had never raised the issue of this disability of their son during their lifetime to the Record Office. Respondents have also conceded that there exists a provision to grant family pension to such disabled dependent children of the deceased soldiers provided they satisfy the requirement as mandated by the rules/policies.

6. In view of the foregoing and given the disabled state of the applicant, we deem it appropriate that if the applicant submits a fresh Representation to the Competent Authority alongwith all the requisite documents, including a fresh Disability Certificate on the correct format – AFMSF – HD (1), Appendix 'A' to Govt of India, Ministry of Defence letter No 906/A/(Pen/Sers/05) dated 13/8/2008 from the competent Army Medical Authorities and the essential income certificate to be issued by the concerned Revenue Officer, within a period of two months from the date of the receipt of a copy of this Order, the Competent Authority shall reconsider the prayer of the applicant for grant of Family Pension to him or otherwise in terms of extant rules/policy on the subject within a period of six months from the date of receipt of such a Representation. The outcome thereof shall be intimated to the applicant.

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

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

 

सत्यमेव जयते


**(SANJIV MITTAL)** **MEMBER (A)**

**(GOVERDHAN BARDHAR)** **MEMBER (J)**

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