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O.A. No. 186 of 2014. Case: E. Ponnamma Vs The Union of India. Armed Forces Tribunal

Judgment Cited in Precedent Map Related
Vincent
Case NumberO.A. No. 186 of 2014
CounselFor Appellant: P. Raveendran and T.R. Jagadeesh, Advs. and For Respondents: Tojan J. Vathikulam, Central Govt. Counsel
JudgesShrikant Tripathi, J. (Member (J)) and M.P. Muralidharan, Member (A)
IssueArmed Forces Tribunal Act 2007 - Section 3(o)
Judgement DateDecember 11, 2014
CourtArmed Forces Tribunal

Order:

Shrikant Tripathi, J. (Member (J)), (Regional Bench At Kochi)

  1. Heard Mr. T.R. Jagadeesh for the applicant and Mr. Tojan J. Vathikulam for the respondents and perused the record.

  2. The applicant, Smt. E. Ponnamma, widow of Ex. Naik K.G. Bhaskaran Pillai, No. 1145046, claims family pension for the services of her husband in the Army, who died on 13th March 1991, and at that time, he was a pensioner. The claim of the applicant is being denied on the ground that she is not recorded as the widow in the service record and there was no proof of the fact that she was a legally wedded wife of the deceased. The name of another lady is recorded in the service record. So in the present matter the dispute pertains to the applicant's status as widow of the aforesaid individual. If she is held as the widow, she cannot be denied the family pension. If she is not held as the widow, no question would arise to pay her family pension. The question of widow-ship, involved in the present matter cannot be brought within the purview of the 'service matters' as defined in Section 3(o) of the Armed Forces Tribunal Act, 2007 by adopting any way of interpretation. Unless a matter comes within the purview of the service matters so...

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