Shri Ram Chander Fo Late Rect (SepSigmn) Sandeep Kumar vs UOI & Others on 9 October 2025

O R D E R

09.10.2025

1. Counsel for the Applicant has filed this MA, praying that the Hon’ble Tribunal be gracious to allow the Application for modification by inserting Jhunjhunu in place of Sikar in Para 6 of the Order dated 04/8/2025 and Special Family Pension instead of Ordinary Family Pension in Para 7 of the ibid Order in the interest of justice.

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

3. Perusal of Operative Portion of the Order dated 04/8/2025 reveals that the issue with regard to the claim of the applicant has to be reconsidered by the Respondents with regard to his entitlement for grant of Ordinary Family Pension to the Applicant, who is an Ex-Serviceman, drawing his service pension as the mother of the applicant, who was the original applicant in the OA, expired on 11/5/2021 during the pendency of the OA. Son of the applicant, Recruit (Dvr MT) Sandeep Kumar, expired on 07/3/2012 while he was on 30 days Part of Annual Leave wef 07/2/2012 to 07/3/2012 at District Sikar. As per the directions issued by the GOC, HQ 61 Sub Area on the Court of Inquiry, the GOC, HQ 61 Sub Area, at his wisdom, considered the death of the son of the Applicant as attributable to Military Service. Son of the applicant was a Recruit at the time of his death as he was not yet attested as a Soldier owing to delay in receipt of verification report from the concerned civil police authorities. Hence, plea of the Counsel for the applicant to grant full status as a Sepoy to the deceased soldier has no merit and is rejected. It is also prudent to observe that the place of death of the son of the applicant, ie,Sikar has been shown in the directions of the GOC, 61 Sub Area issued on 28/8/2012.

4. In view of the foregoing, we do not find any ground for modification of the order passed by this Tribunal on merit. Moreover, prayer of the applicant for grant of Special Family Pension to the Applicant is a bit far fetched as the son of the applicant expired while on his part of annual leave at his home town which had no causal connection with the death of the son of the applicant and military duty in terms of Judgment of the Hon’ble Apex Court, inter alia,The Secretary, Government of India & Others Vs Dharambir Singh, in Civil Appeal No 4981/2012 decided on 20.09.2019as also the judgment passed inCivil Appeal No 9654 of 2014, decided on 18/7/2022, in the case of UOI & Ors Vs Ex Nk Ram Singh, notwithstanding the opinion expressed by the GOC, HQ 61 Sub Area on the Court of Inquiry. Moreover, it has been clarified by the Respondents that parent of a deceased Armed Forces Person is entitled to Ordinary Family Pension only subject to fulfilment of income criteria. Needless to say, the Respondents may reconsider the case of the Applicant for grant of Family Pension to the Applicant in terms of extant policy/rules on the subject.

5. Based on the prayer of the counsel for the applicant in the MA, the Order dated 04/8/2025 passed in OA No 854/2012 is modified to the extent that the place of death of the deceased Rect Sandeep Kumar cited at Para 6 of the ibid Order be amended to read as “Jhunjhunu”, instead of “Sikar”.

6. This Order shall be the part of the Order dated 04/8/2025 passed by this Tribunal in OA No 854/2012.

7. MA No 406/2025 stands disposed off accordingly. File be consigned to record.

8. After dictating the Order based on the MA filed for modification of Order, Counsel for the Applicant has made an oral prayer for grant of Leave to Appeal before the Hon’ble Apex Court. Since we do not find any substantial question of law of general public importance involved in the matter warranting grant of Leave to Appeal, the oral prayer for grant of Leave to Appeal is rejected.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

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