Armed Forces Tribunal
Smt Sarup Kunwar wdo Late Nk Pane Singh vs UOI & Others on 17 December 2025
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
26.
OA No 294/2023 with MA No 457/2023
Smt Sarup Kunwar, Wd/o No-02864631X Late Ex Nk(TS)
Pane Singh, R/o Village-Dhundiya, Post-Baagot, Tehsil-Parbatsar, Distt-Nagaur (Raj) – 341512
…. Applicant
Versus
1.
The Union of India, through Secretary, Ministry of Defence, Govt of India, DHQ PO, New Delhi - 110011
2.
The Chief Controller of Defence Accounts (Pension)
Allahabad (UP) – 211014
3.
The OIC Records, Records The Rajputana Rifles Delhi Cantt, New Delhi – 110010
…. Respondents
For Applicant
: Mr Rameshwar Lal, 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
17.12.2025
1. By way of this Application 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 at enhanced rate for the remainining period from 16.06.2018 to 15.06.2020 with all consequential benefits and that the arrears be paid along with interest @ 9% per annum and suitable compensation for loss and hardships faced by the Applicant.
2. The brief facts as enunciated by the Applicant are that the Applicant’s husband was enrolled in the Army on 16.06.1971 and was discharged from Service on 16.06.1987 for which he was granted Service Pension for life. On demise of the Applicant’s husband on 08.10.2015, the Applicant has been granted Enhanced rate of Family Pension from 09.10.2015 to 15.06.2018, ie., till the date his husband would have attained the age of 65 years. The Applicant submits that as per the clarifications issued vide Govt of India, Ministry of Finance, Department of Expenditure, Central Pension Accounting
Office, New Delhi letter No CPAO/IT&Tech/Clarification/13(Vol-III)/2018-19/32 dt 28.05.2018 and further clarifications issued vide Govt of India, Ministry of Personnel, PG & Pensions, Department of Pension & Pensioners’ Welfare, New Delhi letter No 1/1(90)/2024-P&PW(E)-Part(1)/10344 dt 27.10.2025, in the event of death of a Government servant after retirement, the enhanced rate of family pension shall be payable for a period of seven years, or for a period up to the date on which the retired deceased Government would have attained the age of 67 years had he survived, whichever is less. The Applicant’s husband was born on 16.06.1953 and he passed away on 08.10.2015. He would have attained the age of 67 years on 15.06.2020 and, thus, the Applicant is entitled for enhanced rate of Family Pension till 15.06.2020 in terms of aforesaid clarifications issued by the Govt of India letters dt 28.05.2018 and 27.10.2025. However, the Respondents have granted enhanced rate of Family Pension till 15.06.2018, ie., the date on which his husband attained the age of 65 years. The Applicant issued Legal Notice for grant of enhanced rate of Family Pension till the date his husband would have attained the age of 67 years, ie., 15.06.2020, but to no avail. Therefore, the aggrieved Applicant has filed present OA.
3. The Respondents have filed a detailed Reply Statement and while not disputing the basic facts presented by the Applicant, they have submitted that as per PCDA (P) Circular No 630 dt 14.02.2020, the provisions for grant of enhanced rate of Family Pension till attaining the age of 67 years are applicable only to those personnel who were discharged from Service post 30.05.1998. In the present case, the Applicant’s husband was discharged from Service on 30.06.1987, therefore, the Applicant is not eligible for grant of enhanced rate of Family Pension till the date her husband would have attained the age of 67 years. The Applicant has already been granted enhanced rate of Family Pension till 15.06.2018, ie., the date on which her husband attained the age of 65 years. In view of the aforesaid averments, the Respondents have reiterated that the OA is devoid of merit and deserves to be dismissed.
4. We have heard Learned Counsels for both the parties and perused the material placed before us.
5. Govt of India, Ministry of Finance vide their above mentioned letter dt 28.05.2018 have issued clarifications on grant of enhanced rate of Family Pension, the relevant portion of which reads as under:- “Department of Pension & Pensioners’ Welfare has clarified vide its ID No 1/1(5)/2018-P&PW(E)/32206 dt 12.04.2018 that family pension at enhanced rates will be payable for 7 years or till the deceased retired government servant would have attained the age of 67 years had he survived, whichever is less, irrespective of type of retirement, date of retirement and age of superannuation applicable in the case of retired Govt servant. This would equally apply in all Central Civil Govt Departments/Offices including Central Armed Police Forces (CAPF) and Medical Officers.”
6. The issue has further been clarified vide Govt of India, Ministry of Personnel, PG & Pension, Department of Pension & Pensioners’ Welfare above mentioned letter dt 27.10.2025, the relevant portion of which reads as under:- “2. In this connection, it may be stated that as per Rule 50(2)(a)(iii) of CCS (Pension) Rules, 2021, the family pension after the death of Government employee is granted to the eligible family members of the employee at enhanced rate as under:- ”(2)(a)(iii): In the event of death of a Government servant after retirement, the family pension shall be payable for a period of seven years, or for a period up to the date on which the retired deceased Government servant would have attained the age of sixty seven years had he survived, whichever is less.”
3. There are some references seeking clarification on the calculation of this period where the age of retirement is more than 60 years like the age of retirement of Central Health Service (CHS) doctors is 65 years and the officer retires at the age of 65 and dies unfortunately before 67. It is clarified that the provisions of Rule 50(2)(a)(iii) is applicable in all cases, ie., whether the retirement age is 60 or 65 years. In all such cases, the enhanced family pension is payable for a period of seven years, or for a period up to the date on which the retired deceased Government servant would have attained the age of sixty seven years had he survived, whichever is less.”
7. In the present case, the Applicant’s husband died on 08.10.2015 and after approximately 4 years and nine months of his retirement, he would have attained the age of 67 years on 15.06.2020. In the present case, the Applicant has been granted enhanced rate of Family Pension till 15.06.2018, ie., till the date on which her husband would have attained the age of 65 years. In the light of aforesaid clarifications, the Applicant is eligible for grant of enhanced rate of Family Pension till 15.06.2020, ie., the date her husband would have attained the age of 67 years, had he survived.
8. In-fine, the OA is allowed. The Respondents are directed to grant enhanced rate of Family Pension to the Applicant for the balance period from 16.06.2018 to 15.06.2020 within a period of six months from the date of receipt of a certified copy of this Order, failing which the Applicant shall be entitled to interest on arrears @ 6% per annum till the date of actual payment.
9. No order on costs.
10. Pending Miscellaneous Application(s), if any, also stand disposed off.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J)
Ssy/-