O.A. No. 49 of 2015. Case: U.K. Devi Amma Vs Union of India and Ors.. Armed Forces Tribunal
| Case Number | O.A. No. 49 of 2015 |
| Counsel | For Appellant: V.K. Sathyanathan, Adv. and For Respondents: Tojan J. Vathikulam, Central Govt. Counsel |
| Judges | S.S. Satheesachandran, J. (Member (J)) and Vice Admiral M.P. Muralidharan, AVSM and Bar, NM, Member (A) |
| Issue | Service Law |
| Judgement Date | December 09, 2015 |
| Court | Armed Forces Tribunal |
Order:
Vice Admiral M.P. Muralidharan, AVSM and Bar, NM, Member (A), (Regional Bench, Kochi)
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The Original Application has been filed by U.K. Devi Amma, widow of late Sepoy PUK Kunhi Krishnan, No. 1226261, seeking service element of disability pension for her husband from the date of his discharge from DSC and for family pension to the applicant based on the service pension of her husband from DSC.
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Mr. V.K. Sathyanathan, the learned counsel for the applicant submitted that the applicant's late husband had served in the Army in the Regiment of Artillery from 1963 to 1978 and was discharged after 15 years and 19 days of service with pension. He subsequently enrolled in the DSC for 05 years and on his discharge re-enrolled in the DSC for a further period of 10 years from 01 December 1985. He was invalided from DSC on 31 December 1995 with disability pension. The learned counsel further submitted that the applicant's husband had been sanctioned pension on his discharge from the Army, which was enhanced following his discharge from DSC after his first tenure (Annexure A5). On discharge from DSC after his second tenure he was granted disability pension initially for 05 years (Annexure A6) which was subsequently extended for life (Annexure A7). When he expired on 04 June 2007, the applicant was sanctioned family pension only from the Army and on enquiry she was informed that a widow is only entitled to one family pension.
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The learned counsel further submitted that Government in January 2013 had promulgated a new policy enabling widows of re-employed Armed Forces pensioners to receive family pension from the second employer also in addition to the family pension from the Armed Forces. (Annexure A1). While there was an initial ambiguity as to whether widows of DSC pensioners are also covered under the ambit of these orders, it was clarified by the Government that even family pensioners of DSC personnel would be allowed dual pension (Annexure A2). The applicant was however not sanctioned pension from DSC despite the Government policy.
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The applicant made an appeal for sanction of family pension from DSC also, in accordance with new policy of Government (Annexure A8). She was then informed by DSC Records that she was not eligible for dual family pension as her husband had not completed 15 years of qualifying service in DSC for grant of pension. Further, as her husband was discharged from DSC with less than 15 years service he was only granted disability element with service gratuity and retirement gratuity. As he was not in receipt of disability pension consisting of both elements, service as well as disability, she was not eligible to receive any family pension (Annexure A9).
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The learned counsel submitted that the applicant's husband was not aware that he was receiving only disability element and therefore he did not challenge the decision. However as her husband had been invalided out of DSC service as provided for in the Entitlement Rules for Casualty Pensionary Awards non-granting of service element of disability pension to him was incorrect. Learned counsel further submitted that there is no stipulation of any qualifying service for grant of service element of disability pension. In accordance with Regulation 280 of Pension Regulations for the Army, 1961, DSC personnel are entitled to disability pension consisting of both elements. The Regulation also provides for proportionate reduction of minimum service pension if a person does not have qualifying service of 15 years. The learned counsel submitted that in two identical cases, OA No. 112 of 2014 and O.A. No. 119 of 2014, this Tribunal had held that service element is also to be granted. Learned counsel therefore prayed that the...
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