Smt Keshar Devi wo late NC (E) Bega Ram (Air Force) vs UOI & Others on 4 August 2025

**O R D E R**

**04.08.2025**

1. 1. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondents to grant Special Family Pension to the applicant wef 12/12/2010, ie, with effect from the death of her husband with all consequential benefits.

2. 2. Brief facts of the case as enunciated by the applicant are that the husband of the applicant was enrolled in the Air Force as a Cook on 08/3/1985. He carried out his duties in a very efficient manner, served in various sectors and was never punished for dereliction of his duties. His character was also assessed as exemplary. At the time of his entry into Air Force, husband of the applicant was hale and hearty. However, while in service, in the year 2004, he suffered from Primary Hypertension and Chronic Obstructive Pulmonary disease due to stress and strain of service and was placed in low medical category, which continued till his demise. Applicant further submits that as per medical board proceedings dated 23/1/2010, although disability suffered by the husband of the applicant was not considered as attributable to military service, but it was considered as aggravated by service due to climatic conditions and percentage of disability was assessed @30%. He was declared fit for routine duties that does not involve severe physical and mental stress and barred for posting to High Altitude Area. Husband of the applicant died on 12/12/2010 while on duty. The post-mortem conducted after the demise of husband of the applicant certified the cause of death as Myocardial Infarction, which was classified as neither attributable to nor aggravated by service. The applicant was granted ordinary family pension instead of Special Family Pension as entitled to her. Having been aggrieved, the applicant has filed the OA praying for relief.

3. The Respondents have filed a Reply Statement. While not disputing the basic facts, Respondents have submitted that husband of the applicant expired on 12/12/2010 while posted on the strength of PTS. As per the post-mortem report, cause of death of the husband was due to Myocardial Infarction. As per service record, he was married to Smt Keshar Devi (wife) who has been recorded as his NoK and they have seven children. The competent authority considered the cause of death of the husband of the applicant as neither attributable to nor aggravated by service. The applicant was granted DCRG and Ordinary Family Pension wef 13/12/2010 and she is not eligible for grant of Special Family Pension in terms of Regulation 189 of Pension Regulations for the Air Force 1961, Part I, which was duly intimated to the applicant vide letter dated 04/4/2012. First Appeal submitted by the applicant against rejection of special family pension was also rejected by the Appellate Committee, which was also informed to the applicant vide letter dated 15/11/2012. Despite advice, the applicant has not filed the Second Appeal. Respondents further submit that husband of the applicant was initially placed in low medical category due to the ID, "Chronic Obstructive Pulmonary Disease (COPD)" wef 09/8/2003 while he was posted at Air Force Station, Suratgarh, which was considered as aggravated by service. During subsequent review he was detected to have one more ID, ie, Primary Hypertension. He being a known case of COPD, was brought in an unresponsive state to the Military Hospital, Agra on 12/12/2010 at 1345, but despite medical intervention, he could not be revived and he was declared dead at 1420 hours. As per the post-mortem report, his death was due to Myocardial Infarction, which was considered as neither attributable to nor aggravated by service, which was concurred by JDMS (MB), Air HQ dated 12/3/2012.

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

5. It is a fact that the husband of the applicant died in harness on 12/12/2010 while he was posted at Air Force Station, Suratgarh. As per copy of categorisation/recategorisation medical board proceedings dated 23/1/2010, Annexure A/3, husband of the applicant was suffering from two disabilities, "Primary Hypertension", since 04/1/2010 and (ii) Chronic Obstructive Pulmonary Disease (COPD)" since 30/7/2003. While the first disability has been considered as neither attributable to nor aggravated by service, the second disability, COPD was considered as not attributable to but aggravated by service due to climatic conditions. As per the copy of medical certificate of cause of death of All Ranks dated 27/12/2010, detailing the case of the husband of the applicant, as ascertained by post-mortem, death of the husband of the applicant was due to Myocardial Infarction and was considered as neither attributable to nor aggravated by military service.

6. In view of the contradiction in the opinion of the medical board in the categorisation medical board which considered the disability of the husband of the applicant, viz, COPD, as aggravated by service due to climatic conditions and the opinion of the medical board post death being considered as neither attributable to nor aggravated by service, we deem it appropriate to remit the case back to the Respondents to reconsider the plea of the applicant for granting Special Family Pension to the applicant in terms extant rules and regulations on the subject. We expect the Respondents to take a pragmatic decision on the issue within a period of six months from the date of receipt of a copy of this Order and the outcome thereof may be intimated to the applicant accordingly. It is also made clear that in case the plea of the applicant is accepted upon reconsideration, the arrears may be restricted to three years prior to the date of filing of the OA, in terms of Judgment of the Hon'ble Apex Court in the case of UOI & Ors Tarsem Singh, 2008 (8) SCC 648. OA has been filed on 06/3/2020.

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

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

(SANJIV MITTAL) MEMBER (A)

(GOVERDHAN BARDHAR) MEMBER (J)

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