T.A. No. 131 of 2009 and W.P. No. 7339 of 2006. Case: A. Subbiah S/o. Late Mr. T. Andhi Nadar Vs The Union of India (UOI) rep. by its Secretary to the Government, Ministry of Defence and Ors.. Armed Forces Tribunal

Case NumberT.A. No. 131 of 2009 and W.P. No. 7339 of 2006
CounselFor Appellant: D. Nellaiappan, Adv. and For Respondents: K. Ravindranath, SCGSC and Sandeep Kumar, Adv.
JudgesA.C. Arumugaperumal Adityan, J. (J) and S. Pattabhiraman (A), Members
IssueArmed Forces Tribunal Act, 2007; Army Pension Regulations, 1960 - Regulations 14 and 90; Army Pension Regulations, 1961
Judgement DateMarch 25, 2010
CourtArmed Forces Tribunal

Order:

A.C. Arumugaperumal Adityan, Member (J)

  1. The applicant in this application, has filed W.P. No. 7339 of 2006 before the Honourable High Court, Madras, which has subsequently been transferred to this Tribunal, after the formation of Armed Forces Tribunal under Armed Forces Tribunal Act 2007 and renumbered as T.A. No. 131 of 2009.

  2. It is an unfortunate case in which the son of the petitioner Late Capt A.S. Prabhakar, after joining in the Armed Forces on 08.06.1985, became a Commissioned Officer at the age of 25 years, but he collapsed in the operation table itself, while undergoing a surgery for Hernia at Military Hospital, Jammu. The respondent held that the death of Capt A.S. Prabhakar/son of the petitioner is attributable to army service and accordingly as per the V. Central Pay Commission recommendations, the petitioner was paid family pension from 1.1.1996. The only grievance of the petitioner is that he is entitled to 60% of the Special Family Pension as per the existing rules of the v. Central Pay Commission and not 30% as granted by the respondents. Hence the petition.

  3. On behalf of the respondents, the 5th respondent has filed the counter contending that the petitioner's son Capt A.S. Prabhakar was suffering from Indirect Inguinal Hernia (Right) and that he underwent a surgery in the military hospital on 26th August 1989 and due to cardiac arrest Capt A.S. Prabhakar breathed his last in the operation table itself. The death of Capt A.S. Prabhakar was declared as attributable to the army service and accordingly dependent pension was notified vide Principal Chief Defence Accounts (Pension), Allahabd, Pension Payment Order No. M / Dep / 126 / 92 in favour of the petitioner herein, father of the deceased Officer. As per para 15.2.(a)(II) of Government of India, Ministry of Defence letter No. 1(5) / 87 / D (pensions / Services) dated 30.10.1987, the rate of special family pension was 50% of notional special family pension and the rate of special family pension was 40% of the last reckonable emoluments in the deceased officer's case. The deceased officer's basic pay was Rs. 2,900/- to which 40% would be Rs. 1,160/- and 50% of which worked out to Rs. 580/-. As regards the rate for the Special Family pension it was calculated at the rate of 60% of reckonable emoluments which worked out to be 30%. Hence, the dependent pension allowed to the petitioner is correct and no further revision is necessary. Hence, the petition is liable...

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