T.A. Nos. 24 of 2009 and 39 of 2010. Case: 1. Cherupushpam Thomas, 2. Cherupushpam Thomas Late Sepoy Shermin Francis and Seby Francis Late Sepoy Shermin Francis Vs 1. Union of India (UOI) represented by The Secretary To The Government Ministry of Defence, The Officer-In-Charge, Madras Regiment, The Principal Controller of Defence Accounts (Pension) and Chief of Army Staff, 2. The Chief Officer, The Director General of Infantry, Union of India (UOI) represented by The Secretary Government of India Ministry of defence and Chief Army Staffment. Armed Forces Tribunal

Case NumberT.A. Nos. 24 of 2009 and 39 of 2010
CounselFor Appellant: M.V. Thamban, Adv. and For Respondents: Thomas Mathew Nellimoottil, Sr. Adv. and E.V. Moly, Adv.
JudgesK. Padmanabhan Nair, J. (J) and Thomas Mathew (A), Members
IssueArmy for Pension Regulation, 1961 - Regulation 96
Judgement DateMay 26, 2010
CourtArmed Forces Tribunal

Order:

Thomas Mathew, Member (A), (Regional Bench, Kochi)

  1. Petitioners are the mother and brother of a soldier who died while in service. The next of kin has been denied special family pension and the mother's request for compassionate appointment for the brother of the deceased has also not materialised. Aggrieved by the action of the respondents, the petitioners have filed two separate writ petitions in the Honourable High Court of Kerala; W.P.(C) No. 24939 of 2004 by the mother for denial of family pension and W.P.(C) No. 4167 of 2006 by the mother and brother for not granting compassionate appointment to the brother. The petitions were transferred to this Tribunal in December, 2009. Since both the cases are directly related to the death of the soldier, they are being considered together.

  2. The late Sepoy Shermin Francis was on leave at his native place when he was found dead on 6.3.2003. Police investigation concluded that it was a case of suicide. The Court of Inquiry also confirmed the same. Mother's application for special family pension was rejected by the third respondent stating that cause of death of the individual is neither attributable to nor aggravated by his military service and since the petitioners family income is more than Rs. 2550/- per month; even ordinary family pension cannot be granted.

  3. The petitioners application for compassionate appointment for the brother of the late soldier is still under consideration by the respondents since they have not received any vacancies for such appointments in Group 'C' and 'D'. The respondents have averred that as and when the vacancies are released to them, they will consider the petitioners case according to its merit. They have further stated that another brother of the late soldier has been employed in the Army in the same Regiment in 16.12.2004.

  4. The brief facts of the case necessary for its disposal are as follows:

    (a) Sepoy Shermin Francis, a serving soldier of the Army committed suicide while on leave at his native place. He was a bachelor.

    (b) Police investigation and the court of inquiry by the Army has concluded that it was a case of suicide.

    (c) Petitioner's income (basically salary of husband) was certified as Rs. 1, 12,608/- per year by the Tahsildar, Kollam on 22.4.2003.

    (d) Petitioner's husband retired from service on 31.3.2005 and the subsequent certificate by the Tahsildar, Kollam on 27.12.2005 shows income as Rs. 26,232/- per year.

    (e) Petitioners (mother...

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