Armed Forces Tribunal
Smt Suwa Devi wo Ex Hav Sish Ram Singh (Army) vs UOI & Others on 18 August 2025
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
24.
OA No 123/2020 with MA Nos 656/2019 & 95/2025
Smt Suwa Devi, Wd/o No-8032775W Late Hav Sish Ram Singh, R/o VPO-Bakra, Tehsil-Udaipurwati, District-Jhunjhunu (Raj)
…. Applicant
Versus
1.
Union of India, represented by Secretary, Ministry of Defence, South Block, New Delhi-110011
2.
The PCDA (P), Draupadi Ghat, Allahabad (UP)-211014
3.
Records The Pioneer Corps, PIN-900493, C/o 56 APO
4.
Manager, Punjab National Bank, Jhunjhunu (Raj)
5.
Smt Sushila Devi, W/o Mr Bharat Lal
R/o Village-Hukampura, Tehsil-Udaipurwati District-Jhunjhunu (Rajasthan)
…. Respondents
For Applicant
: Mr Yogendra Singh, Advocate
For Respondents
: Mr Pyare Lal, Advocate
CORAM
HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)
HON’BLE MR SANJIV MITTAL, MEMBER (A)
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O R D E R
18.08.2025
1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for directing the Respondents to grant her Family Pension wef 05.08.2012 and that the arrears be paid along with interest @ 12% per annum.
2. We have heard Learned Counsels for both the parties and perused the material placed before us.
3. On perusal of Marriage Registration Certificate dt 15.01.2025 issued by Govt of Rajasthan, it is seen that the Applicant, Smt Suwa Devi (date of birth 10.02.1971) has married to Late Sish Ram Singh on 04.04.2001 (Annexure MA/4) and as per Birth Certificate Serial No 298996 dt 16.06.2016 issued by Directorate of Economics & Statistics, Govt of Rajasthan, one son Manoj Kumar was born on 09.01.2005 out of the wedlock of the couple (Annexure A/3). Police Report on FIR
No 291/2016 reveals that initially Late Sish Ram Singh married Smt Basanti Devi and after death of Basanti Devi, Late Sish Ram Singh solemnized second marriage with the Applicant, Smt Suwa Devi. However, he did not get her name amended in the Service records. In the Service documents, Late Sish Ram Singh also got name of Basanti Devi endorsed and after death of Late Sish Ram Singh, Smt Sushila Devi, wife of Shri Bharat Lal, who is the real brother of Late Sish Ram Singh was fraudulently drawing Family Pension in the name of Basanti Devi, as widow of Late Hav Sish Ram Singh against which an FIR has been lodged by the Applicant. After filing of FIR, Family Pension has been suspended by the Pension Disbursing Agency.
4. However, the Respondents have submitted that as per service documents, the deceased soldier had married Smt Suvita, who died on 29.10.1999. Further, after the death of said Smt Suvita, he married Smt Basanti Devi on 04.04.2001. Though, at a later date, the deceased soldier submitted an Affidavit dt 06.07.2009 wherein it was affirmed by him that his first wife Smt Suvita died on 28.10.1998, though in the Records, the date of death is 29.10.1999 which is based on the declaration of the deceased soldier. Further, it was submitted vide this Affidavit that he married Smt Suwa Devi on 04.04.2001 who also bore a son, named Manoj Kumar to him. It is rather strange to note that in the year 2009, it was Smt Suwa Devi and not the serving soldier Hav Sish Ram Singh, who approached his unit authorities to publish Part II Order of her marriage to him in the service documents of the soldier. In view of the contradictory statements/ declaration of late Hav Sish Ram Singh, the Respondents asked the Army Recruiting Office, Jhunjhunu (Rajasthan) for investigation of the matter and submit a report thereon. However, the matter has remained inconclusive.
5. Taking note of overall facts and circumstances of the case and the contradictory details in the service record of the deceased soldier and the Police Report in the matter, we direct that if the Applicant makes a fresh representation with regard to grant of Family Pension along with Marriage Certificate and other relevant documents, the Respondents shall consider the case of the Applicant for grant of Family Pension to the Applicant within a period of four months only after due examination of the documents and a proper inquiry into the matter in terms of extant rules / regulations/policies. In case some additional documents are required by the Respondents, the Applicant shall provide the same to the Respondents for their satisfaction. The outcome of the case shall be intimated to the Applicant accordingly. The Respondents are also directed to investigate the matter of fraudulent drawal of family pension in the name of Smt Basanti Devi, who seems to be non-existent at the moment as per the statements of the Applicant and the police authorities and take necessary action expeditiously to bring the guilty to book.
6. The OA is disposed off, accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.
7. No order on costs.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J)
Ssy/-