Armed Forces Tribunal

Smt Rajindera Devi vs Union of India on 3 November 2026

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ARMED FORCES TRIBUNAL, CHANDIGARH REGIONAL BENCH

CIRCUIT BENCH AT SHIMLA

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OA 1883 of 2022

Tuesday, 03rd November, 2026

CORAM:

HON’BLE MR JUSTICE UMESH CHANDRA SHARMA, MEMBER (J)

HON’BLE AIR MARSHAL MANAVENDRA SINGH, MEMBER (A)

Smt Rajindera Devi

…… Applicant

(By Kiran Lata Sharma, Advocate)

Versus

Union of India and others

…… Respondents

(By Ishant Sharma, Sr PC)

-.-

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ORDER

Air Marshal Manavendra Singh, Member (A)

The applicant has filed the present Original Application for grant of life time arrears of her late husband and family pension on account of discharge of her husband w.e.f. due date alongwith consequential benefits.

Brief facts of the case are that husband of the applicant enrolled in the Indian Navy on 17.01.1966 as DG/Sea-1/ No. 83910 and was discharged from service on 31.01.1976 after rendering 10 years and 14 days of active service as he was not required any longer due to non-availability of post in the rank Sea-I vide certificate issued by the Civilian Gazetted Officer to the husband of the applicant (Annexure A-1). The husband of the applicant died on 22.06.2009 due to illness (Annexure A- 2). The applicant alleges that Indian Navy pays pension to their Ex-Sailors for having rendered active service for more than ten years but no pension was granted to her husband during his life time nor family pension has been granted to the applicant without any justification. The applicant has no source of income and due to non-grant of pension, she has been driven to starvation. The applicant served representations (Annexures A-3 to A-5) to the respondents but to no avail. Hence, the applicant has filed the present Original Application.

In the written statement, the respondents have admitted the service particulars of the individual and have averred that according to Regulation 78 of Navy Pension Regulations 1964, the minimum qualifying service for grant of service pension is 15 years whereas Ex-Sailor’s total qualifying service works out to 10 years and 14 days only (Annexure R-1). As he had not completed mandatory 15 years of service, he was not sanctioned service pension and discharged as non-pensioner. However, the individual was granted terminal benefits of discharge as service gratuity of Rs. 2441.65/- on the date of discharge. It has been further averred that Ex-Sailor’s death has not been intimated till date to Record Office. As the Ex-Sailor was discharged as non-pensioner, the applicant or any other person ( NoK) is not eligible for any pensionary benefits. The applicant served a legal notice dated 30.06.2008, which was duly replied vide letter dated 28.08.2008 (Annexure R-1). The original Application lacks merit and deserves to be dismissed.

Learned counsel for the applicant submits that the case is similar to what was decided by this Bench in OA No. 1084 of 2024, Ashok Kumar Versus Union of India and Others decided on 12.08.2025 and OA No. 1326 of 2022, Harwant Singh Versus Union of India and Others, pronounced on 05.02.2024 and he has no objection if the case is decided on the similar lines.

Learned counsel for the respondents has not been able to distinguish the aforementioned cases from the case of the applicant and rather endorsed the service particulars as well as reasons for discharge of the applicant. However, learned counsel for the respondents submits that the applicant has come to the Court after 46 long years of retirement of her husband and there is no record except the long roll to substantiate the issue and prays that in case, the OA is being allowed, the arrears may be restricted to three years prior to the date of filing of the present OA.

6. Accordingly, the OA is allowed and disposed of in terms of Harwant Singh (supra). The respondents are directed to grant reservist pension to the late husband of the applicant with effect from the day following the date of his discharge till his death i.e. 22.06.2009 and its subsequent revisions. Thereafter family pension be granted to the applicant for life. The arrears shall, however, be restricted to three years before the date of filing of the OA and be paid alongwith interest @ 6 % per annum. The respondents are directed to issue the PPO 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 arrears shall become payable with interest @ 8 % per annum.

No order as to costs.

(Air Marshal Manavendra Singh)

(Justice Umesh Chandra Sharma) Member (A)

Member (J) Tuesday, 03rd November, 2026 AKS

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