Smt Santra Devi wdo late Swr Krishan Singh (Army) vs UOI & Others on 27 October 2025

**ORDER

27.10.2025**

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying for quashing and setting aside the Impugned Order dated 12/11/2021 and direct the Respondents to release Special Family Pension to the Applicant from the date of death of her husband, ie, 14/3/1978 with 18% interest.

**यतो न्यायः ततो जयः**

2. Brief facts of the case as enunciated by the Applicant are that the husband of the applicant was enrolled in the Army on 06/3/1971. During his army service, husband of the applicant suffered Cerebro Vascular Accident and he died on 14/3/1978. Death of husband of the applicant cited on AFMSF-81 as due to the disability, "Sub Arachnoid Haemorrhage and (ii) Cerebro Vascular Accident, Annexure A/4. The applicant was granted Ordinary Family Pension as the the cause of death of husband of the applicant was not considered as either aggravated or attributable to military service. However, as per AFMSF-93 (Part II), reasons for death that the illness started after doing morning PT which appeared to be exertive for the young individual and as a result, he suffered from Cerebro Vascular Accident leading to death, Annexure A/3. However, despite best efforts, the request of the applicant for grant of Special Family Pension was of no avail and, hence, the applicant has filed this OA, praying for relief.

3. The Respondents have filed a detailed Reply Statement and submitted that Ex Swr Krishan Singh was enrolled in the Armoured Corps on 06/3/1971. On completion of his basic training, he was posted to 63 Cavalry with effect from 10/4/1972. He was married to Smt Santra Devi on 06/7/1973. While serving with 63 Cavalry, husband of the applicant died on 14/3/1978 due to Cerebro Vascular Accident at 158 Base Hospital. He had rendered seven years and 8 days of service. Copy of Post mortem Report is annexed at Annexure R/1. As per copy of AFMSF-81, Annexure R/2, husband of the applicant died due to the disability, "(i) Sub Arachnoid Haemorrhage and (ii) Cerebro-Vascular Accident". The disabilities of the individual were considered as neither attributable to nor aggravated by military service. As per copy of AFMSF-93 (Part II) dated 11/4/1978, death of husband of the applicant was considered as neither attributable to nor aggravated by military service. The applicant was granted Enhanced rate of Ordinary Family Pension @Rs 147/- pm wef 15/3/1978 to 14/3/1985 or till remarriage whichever is earlier and @Rs 88/- pm wef 15/3/1985 till her remarriage vide PPO dated 30/3/1981, which has been revised from time to time. Case of the applicant for grant of Special Family Pension was taken up with the PCDA (P), however, the same was rejected by the PCDA (P) vide their letter dated 10/9/1979 on the ground that the death of the deceased was due to wound, injury or disease which is neither attributable to nor aggravated by military service, which was communicated to the applicant by Record Office vide their letter dated 27/9/1979 with an advice to her to prefer an Appeal against the rejection of Special Family Pension within six months, but the applicant did not prefer any appeal. After a delay of more than 40 years, the applicant submitted an application dated 08/10/2020 under the RTI Act, 2005 for seeking information/documents, which were provided to her by Record Office vide their letter dated 21/10/2020. Respondents further submit that in terms of Para 213 of Pension Regulations for the Army 1961, Part I, the applicant is not eligible for grant of Special Family Pension. Under the circumstances, the Respondents have submitted that the OA filed by the applicant after a delay of more than four decades is bereft of merit and, hence, deserves to be dismissed with costs.

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

5. From the perusal of material on record, it is evident that the husband of the applicant died on 14/3/1978 due to "Cerebro Vascular Accident" at 158 Base Hospital. As per copy of "Certificate of Attributability All Ranks (AFMSF-93 (Part II)), Annexure R/III, the cause of death of husband of the applicant is not considered as attributable to or aggravated by military service for the reason that, *"illness started after doing morning PT. The PT appeared to be exertive for this young individual and as a result he suffered from Cerebro Vascular Accident leading to death". He had rendered seven years and 8 days of service.* The applicant was granted Enhanced Rate of Ordinary Family Pension for seven years till 14/3/1985 and thereafter, ordinary rate of Family Pension wef 15/3/1985.

6. In view of the foregoing and since the husband of the applicant died of Cerebro Vascular Accident which had a causal connection with military duty as the problem arose soon after the morning PT which appeared to be exertive for the late husband of the applicant leading to his death as stated by the competent medical authority, we deem it appropriate to remit the case back to the Competent Authority to reconsider the case of the Applicant for grant of Special Family Pension. We expect the Respondents to re-consider the issue in its entirety and take a final decision on the matter within a period of six months from the date of receipt of a copy of this Order. The outcome shall be intimated to the applicant. Before departing, we make it clear that in case the prayer of the applicant for grant of Special Family Pension finds favour, the same shall be granted with effect from the date of filing of the OA on 25/7/2022 taking into consideration the inordinate delay involved in filing the same.

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

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

Sd/- XXX

(SANJIV MITTAL) MEMBER (A)

Sd/- XXX

(GOVERDHAN BARDHAR) MEMBER (J)

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