T.A. Nos. 62 of 2010 and O.A. No. 110 of 2010. Case: 1. G. Geethamani Amma, W/o. Late Sri. Sankaranarayana Sarma, Aged 60 Years, Residing at Puthenpurakkal House, Manakkara, Sasthamkotta, Kollam District, 2. Gokuleswari Amma, Aged 55 Years, W/o. Late Sankaranarayana Sarma, Late 282348 FX SGT Kssn Sarma, Lekshmi Nivas, Angadikkal South Post, Chengannur - 689 122, Renjini Sarma, Aged 28 Years, D/o. Late Sankaranarayana Sarma, Late 282348 FX SGT Kssn Sarma, DO. DO and Gayathri Sarma, Aged 26 Years, D/o. Late Sankaranarayana Sarma, Late 282348 FX SGT Kssn Sarma, Do. Do. Vs 1. The Union of India, Represented by Its Secretary, Ministry of Defence, New Delhi, The Officer in Charge, Records, Air Force Record Office, Subroto Park, New Delhi - 110 010, The Joint Controller of Defence Accounts (Air Force), Subroto Park, New Delhi - 110 010 and The Defence Pension Disbursing Officer, Office of The DPDO, Palayathodu, Kollam, 2. The Union of India, Represented by The Secretary, Ministry of Defence, New Delhi and Ors.. Armed Forces Tribunal
| Case Number | T.A. Nos. 62 of 2010 and O.A. No. 110 of 2010 |
| Judges | Mr. Justice B.N. Shukla, Member (J) and LT. Gen.Thomas Mathew, PVSM, AVSM, Member (A) |
| Issue | Service Law |
| Judgement Date | May 21, 2012 |
| Court | Armed Forces Tribunal |
Order:
B.N. Shukla, Member (J), (Regional Bench, Kochi)
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T.A. No. 62 of 2010 and O.A. No. 110 of 2010 are being disposed of by common order because the matter involved in both the cases is regarding family pension in respect of late 272348 Ex. Sgt. K.S. Sankaranarayana Sarma. In T.A. No. 62 of 2010, the petitioner D.Geethamani Amma is claiming herself as the legally wedded wife of late K.S.Sankaranarayana Sarma whereas in O.A. No. 110 of 2010, the applicant No. 1, Gokuleswari Amma, is claiming herself as the legally wedded wife of late K.S.Sankaranarayana Sarma and applicant Nos. 2 and 3 have claimed themselves as daughters of late K.S.Sankaranarayana Sarma.
1A. Shorn of unnecessary details, in T.A. No. 62 of 2010, it is the case of the petitioner that her husband was discharged from the service of Air Force while holding the post of Sergeant on 31st January 1990 and he had an illicit relationship with one Gokuleswari Amma and in the above relationship two daughters were born to him. Thereafter 50% of the family pension was ordered to be given to the unmarried daughters subject to confirmation by the Ministry of Defence and now the daughters have got married and the petitioner is entitled for full family pension from the year 2001 onwards.
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In O.A. No. 110 of 2010, it is the case of the applicant No. 1 that she was residing with late K.S. Sankaranarayana Sarma as husband and wife till the date of his death and through and out of the said wedlock two daughters, applicants 2 and 3 were born. It is further pleaded that due to some mistake in clause 8 of the Discharge Certificate (Annexure A13) of late K.S. Sankaranarayana Sarma, regarding details of family members, the first applicant was denied family pension. The applicants have claimed the following reliefs:
(i) To call for the records relating to the settlement of the claims for Family Pension of Late 282348 FX SGT KSSN SARMA and set aside Annexure A10 proceedings of the third respondent.
(ii) To declare that the 1st Applicant is entitled to receive the Family Pension of deceased Late 282348 FX SGT KSSN SARMA and direct the 3rd respondent to issue appropriate orders granting her Family Pension w.e.f. 26.8.2001, the date of death of FX SGT KSSN SARMA, with interest and cost;
(iii) To pass any other order or direction as this Hon'ble Tribunal deem fit in the interest of justice.
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In the counter/reply affidavit filed on behalf of the respondents in T.A. No. 62 of 2010, it is pleaded...
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