Smt Gauri Devi vs Union of India on 4 November 2026

ORDER

JUSTICE UMESH CHANDRA SHARMA, MEMBER (J)

By means of the OA, filed under Section 14 of the Armed Forces Tribunal Act, 2007, the applicant has prayed for a direction to the respondents to grant her family pension along with arrears of pension due to her after death of her husband with effect from 06.06.2021 as she is legally wedded wife of deceased Ex GNR late Salig Ram.

2. Brief facts of the case are that No. 1292950M Ex Gnr Late Salig Ram was enrolled in the regiment of Artillery on 28.06.1968 and discharged from service on 30.09.1983. Late husband of the applicant was in receipt of service pension. He expired on 06.06.2021 (Annexure A-2). After death of the husband of the applicant, she made representation before respondent No. 3 for granting her family pension as she is legally wedded wife of deceased soldier to which respondent No. 3 vide letter dated 17.10.2022 intimated that name of Smt. Shila Devi has been published as spouse of deceased soldier with DOB 24.06.1954 and date of marriage 24.06.1972 in deceased ESM’s service records and further asked for certain documents for the purpose. In reply to the said letter as well as further references issued by the respondents in this regard, the applicant has provided all the documents/information. However, her case for grant of Family Pension has not been considered by the respondents. Hence, this OA.

3. In reply to the OA, learned counsel for the respondents while accepting the service particulars of the deceased soldier has averred that as per service documents of No. 1292950M Ex Gnr Late Salig Ram, he was married to Smt. Shila Devi on 24.06.1972 and nominated her as his legal heir. The husband of the applicant had submitted nomination forms i.e. Heir to Estate, death-cum-Retirement Gratuity and Application form for benefits of extended Army Group Insurance during his service period. Therefore, Artillery Records vide letter dated 18.08.2021 asked the applicant to submit the mandatory documents for endorsement of her name in service record of her husband to Artillery Records through Zila Sainik Welfare Office for publication of Part-II order. In response to ibid letter, the applicant Smt. Gauri Devi, alleged widow of the deceased pensioner approached Artillery Records for publication of Part II Order regarding change of her name i.e. Smt. Shila Devi to Gauri Devi and date of birth from 24.06.1954 to 01.01.1957 through office of the Deputy Director Sainik Welfare Shimla & Kinnaur District vide letter dated 20.03.2023. As no provision exists to change both the first name of wife and her date of Birth, documents for change of name and date of birth were returned to the applicant un-actioned vide Artillery Records letter dated 30.09.2023 and she was also advised to forward whereabouts of Smt. Shila Devi, proof of her death, decree of divorce, if any. Thereafter the applicant served a Legal Notice dated 11.10.2023 through her counsel for grant of family pension submitting that

Gauri Devi and Shila Devi are one and the same person, which was suitably replied vide Artillery Records letter dated 14.11.2023 duly explaining factual position of the case. Aggrieved by the decision, the petitioner has filed instant OA which is not sustainable in view of the legal position explained above and deserves to be dismissed.

4. We have heard learned counsel for the parties and perused the record. The documents sought by the respondents as well as annexed with the OA by the applicant for grant of Family Pension are as under:- Sl. No. Date Issuing authority Remarks

1. 22.09.2022 (Affidavit duly sworn in by the applicant) (Ann. A-5)

Notarised by a Gazetted Officer. Certifies that marriage of the applicant was solemnised as per Hindu rites and customs on 01.07.1974 and that she is legally wedded wife of the deceased soldier.

2. 16.03.2023 (Affidavit duly sworn in by the applicant) (Ann. A-6)

Attested by Executive Magistrate, Tehsil Shimla. Certifies that names of GAURI DEVI and SHEELA DEVI are of same person and her date of birth is 01.01.1957.

3. 30.11.2021 (certificate alongwith copy of page of Parivar register) (Ann.A-7)

Gram Panchayat Anandpur, Shimla, HP Enumerates that marriage of Gauri Devi with Salig Ram finds mention at page No. 114, Bhag 1 of Panchayat Parivar Registrar

4. Annexure A-

Copy of character & service sheet of late Mr Salig Ram which is duly stamped and signed by Commandant, Home Guard 3rd Battalion Shimla.

Against serial number 6 of this sheet, name of Gauri Devi is shown as wife of late Mr Salig Ram.

5. Aadhar Card Pertains to Gauri Devi It shows that her date of birth is 01.01.1957 and she is wife of Salig Ram.

6. Income tax Card Pertains to Gauri Devi Shows that her date of birth is 01.01.1957.

7. Army Canteen Card

Having photo of Salig Ram with Gauri Devi shows that she is his wife.

8. Form D Issued by office of Tehsildar, Shimla Rural District. This is Legal Heirs certificate issued by the competent authority which enumerates the name of Gauri Devi as wife of Salig Ram.

5. On perusal of the above documents as well as affidavits sworn by the applicant which are duly attested by the Magistrate, this court is of the view that names of GAURI DEVI and SHILA DEVI/SHEELA DEVI are of one and the same person and date of birth of GAURI DEVI is 01.01.1957. It is also noteworthy that no one, under the name of SHILA DEVI/SHEELA DEVI has come forward for seeking the relief.

ORDER

6. In view of the above, the OA succeeds and the applicant is held entitled for the relief sought and the respondents are directed to issue requisite PPO by publishing Part II Order, for grant of Family Pension to the applicant (GAURI DEVI), with interest @ 6% per annum, with effect from 07.06.2021, within three months from the date of receipt of certified copy of this order by learned counsel for the respondents/OIC, Legal Cell, failing which the amount shall be payable with interest @ 8% per annum.

7. No order as to costs.

(Air Marshal Manavendra Singh)

(Justice Umesh Chandra Sharma) Member (A)

Member (J) Wednesday 04th Nov., 2026 ‘sp’