Rajendra Yadav So late Hav Jai Narayan (Army) vs UOI & Others on 13 October 2025

O R D E R

13.10.2025

MA No 312/2019

1. The applicant has filed this MA, praying for condonation of delay involved in filing the OA. Taking into consideration the reasons stated therein, the Application for condonation of delay is allowed and MA is disposed off accordingly.

OA No 217/2021

2. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant, who is the son of late Havildar Jai Narayan, has filed this OA praying that the letter/order dated 27/10/2015 passed by the Respondent No 3 vide which intimation was communicated to the applicant vide letters dated 30/12/2015 / 09/112015, Annexure A/1, may kindly be quashed and set aside and that the Respondents may kindly be directed to grant Family Pension to the Applicant wef 25/7/2014 for whole life of the applicant and further pay the arrears of Family Pension to the Applicant with interest @9% pa.

3. Brief facts of the case as enunciated by the Applicant are that the father of the applicant was enrolled in the Army on 28/3/1962 and was discharged from service on 31/3/1986 after rendering 24 years and four days of service and was granted service pension for life. The applicant was born after the discharge of the father of the applicant from Army Service on 25/7/1989. Mother of the applicant, Smt Keshar Devi Yadav, died on 21/5/1997, Annexure A/2. Father of the applicant also expired on 06/9/2006 and till the date of his demise he was in continuous receipt of service pension. Further, the applicant was suffering from disability since his early childhood and is not having his left hand below elbow and is also having weak lower limbs and, therefore, he is not able to earn his livelihood. Due to social constrains/stigma attached to the disabilities in rural area, the parents of the applicant had not declared the disability of the applicant during their lifetime but after their demise, with the help of relatives and well wishers at first the applicant obtained Permanent Disability Certificate from the Government Hospital, Alwar on 29/3/2012, Annexure A/3. He was also issued a disability certificate on 09/5/2013 by the Government Medical Hospital, Alwar and his disability was assessed Permanent @40%, Annexure A/4. Disability of the applicant was also published by the Record Office vide Part II Order dated 29/4/2014, Annexure A/5. The applicant was granted Family Pension for the period from 07/9/2006 to 24/7/2014, Annexure A/6. The applicant further submits that since his disability is permanent, he is eligible for grant of Family Pension for life in terms of Order dated 24/3/2017 passed by the Chandigarh Bench of the Armed Forces

Tribunal in OA No 13/2016 in the case of SurajBhan Vs UOI &Ors. Having been aggrieved, the applicant has filed this OA praying for relief.

4. The Respondents have filed a detailed Reply Statement. While not disputing the basic facts, they have submitted that the father of the applicant, Late Havildar Jai Narayan, was discharged from service on 31/3/1986 on fulfilling the conditions of his enrolment under Item III (i) of the table annexed to Rule 13 (3) of Army Rules 1954. He was granted service pension and all other admissible benefits. Among others, the applicant herein, ie, Rajendra Yadav, born on 25/7/1989, is a handicapped son of the deceased soldier. Vide application dated 20/12/2012, the applicant had requested the Record Office to grant Family Pension to him on the ground that his father has expired on 06/9/2006 with his motherhaving died way back in the year 1997 and he was below 25 years and unmarried and is permanently disabled. Since the name of the applicant was not recorded in the Long Roll of the deceased soldier and after protracted correspondence and upon receipt of requisite documents from the applicant through the concerned ZilaSainik Welfare Office, Birth Part II order of the applicant was published vide Part II Order No 0403/NE-1/NE & PG/007/14 declaring the applicant as a physically handicapped with 40% “B/Elbow Amputation (Lt) Upper Limb”. Based on the objection raised by the PCDA (P) and upon receipt of self declared income certificate from the applicant, the applicant was granted Family Pension for the period 07/9/2006 to 24/7/2014 or till his earning is below Rs 3500/- pm or till marriage, whichever is earlier, Annexure R/11. The PPO was forwarded to the concerned PDA for execution.

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

6. It is evident from the material placed on record that Havildar Jai Narayan had rendered 24 years’ and four days of service in the Army and was in receipt of service pension till his demise on 06/9/2006. His wife, SmtKesar Devi, had pre deceased her husband in 1997. The applicant herein, ie, Mr Rajendra Yadav, whose date of birth is 25/7/1989, is the son of the deceased soldier. As per the Disability Certificate issued by the medical authorities, Annexure A/4, he is a disabled person with Permanent physical disability of more than 40% for the disablement, “B/Elbow Amputation (Lt)”. Vide letter dated 29/4/2014 issued by the EME Records, Annexure A/5, the applicant’s disability has also been notified vide DO Part II No 0403/NE-I/NE & PG/007/14. Upon demise of father of the applicant, the applicant was granted Family Pension for the period 07/9/2006 to 24/7/2014, ie, till the age of 25 years or till his earning is below Rs 3500/- pm plus DR thereon or till marriage, whichever is earlier, vide PPO dated 29/12/2017. An extract of Para 67 (iii) of Pension Regulations for the Army 2008, Part I, placed on record by the Respondents at Annexure R/13, states that, “an unmarried daughter above the age of 25 years, a widowed/divorced daughter irrespective of her age and son or daughter who is suffering from any disorder or disability of mind including mentally retarded or physically crippled or disabled so as to render him or her unable to earn a living even after attaining the age of 25 years, the family pension shall be payable to such son or daughter for life”.

7. During the course of hearing, counsel for the applicant has vehemently argued that since the applicant is permanently disabled unable to earn his livelihood on his own, he is eligible for grant of family pension for life. He has also placed on record a copy each of Circular No 505 dated 17/1/2013 issued by the PCDA (P), Circular No 143 of 08/1/2010 of the PCDA (P), OM dated 01/7/2013, Govt of India, Ministry of Personnel, PG & Pensions, Department of Pension & Pensioner’s Welfare as also a copy of the Order dated 24/3/2017 passed by the Chandigarh Bench of the Armed Forces Tribunal in OA No 13 of 2016 in the case of SurajBhan Vs UOI &Ors, in support of his arguments.

8. In view of the foregoing and since the applicant is permanently disabled as is evident from the documents placed on record, we are of the considered opinion that the applicant is eligible for grant of Family Pension for life, in terms of extant policy/ruling on the subject to the conditions as mentioned in PCDA (P) Circular No 505 dated 17/1/2013 and Govt of India, Ministry of Personnel, PG & Pensions, Department of Personnel and Pensioners Welfare OM dated 01/7/2013 wef the date it was stopped on his attaining the age of 25 years. Accordingly, the Respondents are directed to grant Family Pension for life to the Applicant in terms of Circulars/OM (supra). The arrears shall be granted to the applicant within a period of six months from the date of receipt of a copy of this Order, failing which, the Applicant shall be entitled to receive interest @6% pa till the date of its actual payment.

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

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

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

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