Smt Son Kumari wo late Nb Sub Durga Singh (Army) vs UOI & Others on 15 September 2025

**ORDER**

**15.09.2025**

सत्यमेव जयते

- 1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for directing the Respondents to grant Family Pension to the Applicant wef 30.10.2002 along with other consequential benefits and that the arrears be paid along with interest on the arrears @ 18% p.a.

- 2. Brief facts of the case as enunciated by the Applicant are that her husband, Late Nb Sub Durga Singh was enrolled in Territorial Army on 10.12.1966 and was invalided out on medical grounds on 16.09.1983 for which he was granted Disability Pension till 05.05.2002. Thereafter, the Applicant was called to appear before the Re-Survey Medical Board (RSMB) on 05.05.2002 but he could not appear before the RSMB as the Railway Warrant was received on 27.10.2002, ie, after the due date of RSMB. Unfortunately, during this period, the Applicant's husband died on 30.08.2002 and his Disability Pension was discontinued by the Respondents wef 06.05.2002. The Applicant submits that her husband could not appear before the RSMB due to the fault of Respondents and after death of her husband, she is unable to manage livelihood. The Applicant made representations and also issued Legal Notice for grant of Family Pension to the Applicant, but to no avail. Therefore, the aggrieved Applicant has filed present OA.

3. The Respondents have filed a detailed Reply Statement and submitted that Late Nb Sub Durga Singh was initially enrolled in 123 Infantry Battalion (Territorial Army), the GRENADIERS regiment on 10.12.1966 and after having rendered 4 years, 2 months and 21 days of embodied service and 12 years, 8 months and 14 days of disembodied service was invalidated out of service on medical grounds on 16.09.1983 under TA Act Rule 14(b) (iv). The duly constituted Invaliding Medical Board assessed his disability @ 100% for two years and he was granted Disability Element of Disability Pension initially for a period of two years which was reviewed from time to time and, accordingly, he was granted Disability Element of Disability Pension till 05.05.2002. Since the Applicant's husband had not rendered 10 years of service, he was not granted Service Element of Disability Pension in terms of Rule 198 of Pension Regulations for the Army 1961 (Part-1). The next RSMB of the Applicant's husband was due on 06.05.2002 and, accordingly, documents for holding of RSMB were sent to MH, Jaipur vide The GRENADIERS Records letter dt 21.04.2002. Subsequently, call up letter was also issued to the Applicant's husband but he did not appear before the RSMB. The applicant's husband died on 30.08.2002. As the Applicant's husband did not appear before the RSMB, his Disability Element of Disability Pension was discontinued wef 06.05.2002. Since on the date of his death on 30.08.2002, the Applicant's husband was not in receipt of any type of pension, the Applicant is not eligible for grant of Family Pension in terms of Rule 212 of Pension Regulations for the Army, 1961 (Part-1). After death of her husband, the Applicant made representation for grant of Family Pension through Zila Sainik Kalyan Karyalaya, Kota (Rajasthan) vide letter dt 27.12.2016 perusal of which revealed that after invalidation from Army Service, the Applicant's husband was re-employed in Rajasthan State Road Transport Corporation (RSRTC) and after his death, the Applicant has been granted Family Pension from RSRTC vide PPO No RJ/RAJ/15211 dt 08.01.2004. The case for grant of Dual Family Pension was processed with PCDA (P) on 31.08.2017, however, the same was rejected by them vide letter dt 13/17 Oct 2017 on the grounds that the Applicant's husband was granted Disability Element of Disability Pension till 05.05.2002 only and on the date of his death on 30.08.2002, he was not in receipt of any type of pension, therefore, the Applicant is not eligible for grant of Dual Family Pension. A case was also taken up with IHQ of MoD (Army) on 01.01.2018 for further directions to grant Disability Element of Disability Pension to Late Nb Sub Durga Singh after 05.05.2002, however, the same was rejected vide letter dt 01.05.2018. In view of the aforesaid averments, the Respondents have reiterated that since the Applicant's husband was not in receipt of any type of pension on the date of his death on 30.08.2002, the Applicant is also not entitled for grant of Dual Family Pension. The OA is devoid of merit and deserves to be dismissed.

4. We have heard Learned Counsels for the parties and perused the material placed on record and following facts emerge:- (a) The Applicant's husband was invalided out of Territorial Army Service on 16.09.1983 on medical grounds after having rendered only four years, two months and 21 days of embodied service.

(b) Since the embodied service of the Applicant's husband was below 10 years, he was not granted Service Element of Disability Pension and only Disability Element was granted in his favour as per Pension Regulations.

(c) Initially the Applicant's husband was granted Disability Element of Disability Pension for a period of two years only which was further extended from time to time as per the opinion of the RSMB, and he continued to be granted Disability Element of Disability Pension till 05.05.2002.

(d) The Applicant's husband was directed to appear before the RSMB on 05.05.2002 to assess his the then medical condition for continuation of Disability Element of Disability Pension but he did not appear before the RSMB on the given date. Therefore, his Disability Element of Disability Pension was discontinued wef 06.05.2002.

(e) The Applicant's husband died on 30.08.2002 and on the date of his death he was not in receipt of any type of pension from Army.

(f) After invalidment from the Army, the Applicant's husband got re-employed in RSRTC and after death of her husband, she is in receipt of Family Pension from RSRTC vide their PPO dt 08.01.2004.

(g) The Applicant did not mention in OA about re-employment of her husband in RSRTC after invalidment from Service and grant of Family Pension to her from RSRTC after death of her husband.

5. Taking note of overall facts and circumstances of the case and also the fact that the Applicant's husband was not in receipt of any type of pension on the date of his death and the Applicant is in receipt of Family Pension from RSRTC, we direct that if the Applicant makes a fresh representation for grant of Dual Family Pension within a period of one month from the date of receipt of a certified copy of this Order, the Respondents shall consider the case of the Applicant with regard to her prayer in the OA within a period of six months thereafter in accordance with relevant rules/regulations and policies and the outcome thereof, shall be intimated to the Applicant.

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

7. No order on costs.

(SANJIV MITTAL) MEMBER (A) Ssy/-

(GOVERDHAN BARDHAR) MEMBER (J)