M.A. No. 7 of 2011 in T.A. No. 84 of 2009. Case: Anu. V.R., Aged 22 Years, W/O. Late Ratheesh Kumar G.S., Residing at 'Makom', Muttackad P.O., Venganoor, Thiruvananthapuram Vs The Union of India, Represented by The Secretary to Govt. of India, Ministry of Defence, Government of India, New Delhi - 110001 and Ors.. Armed Forces Tribunal

Case NumberM.A. No. 7 of 2011 in T.A. No. 84 of 2009
CounselFor Appellant: Sri. P.B. Suresh Kumar, Adv. and For Respondents: Sri. K.M. Jamaludeen, Sr. Panel Counsel, Adv.
JudgesMr. A.C. Arumugaperumal Adityan, Member (J) and LT. Gen. Thomas Mathew, PVSM, AVSM, Member (A)
IssueArmed Forces Tribunal (Procedure) Rules, 2008 - Rule 25
Judgement DateNovember 16, 2011
CourtArmed Forces Tribunal


A.C.A. Adityan, Member (J), (Kochi)

1. This application has been filed under Rule 25 of the Armed Forces Tribunal (Procedure) Rules 2008, which reads as follows:

25. Powers of the Tribunal with regard to certain orders and directions.-Nothing in these rules shall be deemed to limit or otherwise affect the inherent powers of the Tribunal to make such orders or give such directions as may be necessary or expedient to give effect to its orders or to prevent abuse of its process or to secure the ends of justice.

T.A. No.84 of 2009 was filed by the applicant, Anu.V.R., for the following reliefs, viz., for quashing Ext.P9, for giving a direction to respondents 1 and 2 to sanction and disburse her Liberalised Family Pension and Family Gratuity in connection with the death of her husband, Nk.Ratheeshkumar.G.S., for a direction to the first respondent to sanction and disburse her a sum of Rs.7.5 lakhs by way of ex-gratia payable in connection with the death of her husband, Nk. Ratheeshkumar.G.S and for a direction to 7th respondent to pay Rs.5 lakhs by way of ex-gratia payable in connection with the death of her husband. The said T.A. was disposed of by this Tribunal after full contest on 14th May, 2010. After elaborately discussing each and every point raised by the applicant and controverted by the respondents, this Tribunal, in fine has come to a conclusion that the death of the husband of the applicant, Nk.Ratheeshkumar G.S., is to be categorised as "battle casualty" as rightly classified by the competent authority and consequently granted all the benefits to the applicant, viz., liberalised family pension, gratuity and other dues as applicable to the NOK of a battle casualty with effect from 19th March, 2007. But, there is no specific mention with regard to grant of ex-gratia of either Rs.5 lakhs or Rs.7.5 lakhs asked for by the applicant.

2. Once it has been decided that death of the applicant's husband Nk.Ratheeshkumar G.S comes under the category of 'battle casualty', then the applicant is entitled to ex-gratia as per Letter No.20(1)/98/D (Pay/Services), Government of India, Ministry of Defence dated 22.9.1998, which has subsequently been amended by Letter No.20(1)/98/D (Pay/Services), Government of India, Ministry of Defence dated 21st October 2008 with effect from 1st January 2006. The letter dated 21st October, 2008 reads as follows:

No. 20(1)/98/D (Pay/Services),


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