Smt Manjula Jain vs Union of India on 16 October 2026

ORDER

Justice Umesh Chandra Sharma, Member (Judicial)

The present Original Application has been filed for setting aside the impugned order dated 20.08.2019(Annexure A-5) rejecting the claim of the applicant for arrears of Special Family Pension and respondents be directed to grant arrears of Special Family Pension to the applicant with effect from 05.11.1996 to 20.01.2009 alongwith interest.

2. Brief facts of the case are that husband of the applicant-Lalit Mohan Jain was commissioned in the Indian Army on 07.06.1959. Lt. Col. Lalit Mohan Jain of the elite Parachute Regiment died in harness on 03.10.1980 while posted to a highly secretive operational establishment. The cause of his death was declared to be attributable to and aggravated by military service. The applicant was granted Special Family Pension. The applicant- Manjula Jain remarried with one Mr. Kalyan on 01.08.1986 and her Special Family Pension was stopped. Thereafter, Special Family Pension was sanctioned in favour of Ms. Divya, Ms Chandrika and Ms Aparna (daughters of the individual) till each one got married. Accordingly, pension was stopped by

PCDA (P), Prayagraj after marriage of her youngest daughter-Aparna on 04.11.1996. On the recommendation of 5th Central Pay Commission, a letter dated 31.01.2001(Annexure A-1) was issued by the Government of India wherein it was decided that Special Family Pension (SFP) would continue to be paid to the widows even on remarriage. This was provided in Para 5.8 of the said letter. However, in paras 2.1 of the same letter, it was provided that the said provision would only apply to personnel in service who were retired or invalided or died in harness on or after 01.01.1996. Since husband of the applicant died prior to 01.01.1996, her case was a pre-1996 case and the applicant was not entitled to the said benefit. Later on, in the year 2009, another letter dated 21.01.2009 ( Annexure A-2) was issued in which it was provided that even the cases prior to 01.01.1996 would be granted the same benefit of the provisions of letter dated 31.01.2001 but the financial effect and arrears would only be given w.e.f. 20.01.2009. Hence, the Special Family Pension was restored to the applicant only w.e.f. 20.01.2009. Feeling aggrieved, the applicant has filed the present Original Application.

3. In the written statement, the respondents have endorsed the service particulars of the individual and pleaded that the applicant was informed vide letter dated 22.03.2016 (Annexure R-7) that Special Family Pension of widow, whose SFP was stopped on her remarriage before 01.01.1996 has been restored vide Govt. of India, MoD letter no. 1(1)/2001 D (Pen/Policy) dated 20.01.2009 (Annexure R-2). The actual benefit is payable from the date of issue of Govt. of India letter dated 20.01.2009 and arrears for the intervening period is not admissible to the applicant. The Original Application lacks merit and deserves to be dismissed.

4. Heard learned counsel for the parties and perused the record.

5. It is very much clear from the record that Special Family Pension was restored to the applicant vide Govt. of India, MoD letter no. 1(1)/2001 D (Pen/Policy) dated 20.01.2009.

6. Learned counsel for the applicant submits that benefits arising from letter dated 31.01.2001 are payable to all pensioners irrespective of the date of death/retirement/invalidment. For this purpose, reliance is placed upon a judgment of Hon’ble Supreme Court in K.J.S. Buttar Vs. Union of India and another, reported as 2011 STPL ( Web) 316 SC, wherein benefit of Special Family Pension given vide letter dated 31.01.2001 ( supra) was held to be applicable even to those personnel who were invalided/died in harness before 01.01.1996.

7. Learned counsel for the respondents has not been able to rebut the submissions made by learned counsel for the applicant by any cogent and convincing evidence/documents.

8. Accordingly, the Original Application is allowed and the impugned order dated 20.08.2019 (Annexure A-5) is quashed and the respondents are directed to grant arrears of Special Family Pension to the applicant with effect from 05.11.1996 to 20.01.2009 within three months from the date of receipt of certified copy of this order by learned counsel for the respondents/ OIC, Legal Cell alongwith interest @ 6% per annum

(Lt. Gen (Dr) Ranbir Singh)

(Justice Umesh Chandra Sharma) Member (A)

Member (J) Friday, 16th Oct, 2026 AKS

Reportable or Not