1. Petitioner is mother of Vijay Kumar. He died on 13-2-1995. She is claiming family pension. This has been declined to her. This is on the ground that son of the petitioner died on account of excessive intake of alcohol (Ethyl Alcohol). Claim has also been negatived on the

ground that mother is not entitled to family pension.

2. Two types of pension are admissible under the Army Pension Regulation. One is ordinary family pension and other is special family pension. So far as ordinary family pension is concerned this is governed by Regulation 212. Special family pension is governed by Regulation 213. Eligibility for special family pension is governed by Regulation 216. Eligibility for ordinary family pension is governed by Regulation 219. These regulations are noticed below:

"Sub section Il-Family Pension and Gratuity Ordinary Family Pension 212 See Al 51/80 reproduced in officer section Note for the Readers

1. Ordinary Family Pension to who applicable. Families of Armed Forces Personnel except.

(a) NCC Auxiliary Cadet Corps and Lok Sahayak Sena.

(b) TA personnel except when they die while rendering military service.

(c) Persons who are executed on being convicted of death sentence by court.

2. Ordinary Family Pension when admissible when an individual dies on account of causes which are neither attributable to nor aggravated by Military service, (i) either while in service provided he had been found fit after successful completion of the requisite training and medical examination for commission or at the time of enrolment in the case of personnel below officer rank, (ii) or after retirement/discharge from services and was on the date of death in receipt of or eligible for retiring/special/reservist/disability/ invalid/war injury pension, (iii) Death due to suicide does not disqualify the heir from ordinary family pension. Special Family Pension

213. A special family pension may be granted to the family of an individual if his death was due to , or hastened by

(a) a wound, injury or disease which was attributable to military service Or

(b) the aggravation by military services of a wound injury or disease which existed before or arose during military service. Service rendered in aid of the civil power

215. Special family pension is intended for the support of all the eligible members of a family, irrespective of in whose name it stands.

Eligible members of the family

216. The following members of the family of a deceased individual shall be viewed as eligible for the grant of a special family pension, provided that they bare otherwise qualified:-

(a) widow/widower lawfully married. It includes a widow who was married after individuals release/retirement/discharge/ invalidment.

(b) Son actual and legitimate/ including validly adopted.

(c) Daughter, actual and legitimate/(including validly adopted.)

(d) Father (e) Mother (0 Brother (g) Sister

****************************************************************************************************

Conditions of eligibility for a family pension.

219. A relative specified in Regulation 216 shall be eligible for the grant of family pension provided:

General

(i) he or she is not in receipt of another pension from government:

(ii) he or she is not employed under government.

Widow

(iii) a widow has not remarried. This condition shall not apply to a widow who remarried her deceased husbands brother and continues to live a communal life with and/or contributes to the support of the other living eligible heirs.

Son

(iv) a son is below the age of 25 years.

Daughter

(v) a daughter until she attains the age of 25 years or marriage whichever is earlier.

Parents

Second life Awards (special family pension) shall be admissible to the parent(s) of the deceased and in the absence of the parents eligible brother and sisters of the deceased of the rate of 50% of the special family pension determined vide Regulation 227 (a), if the claimants was/were largely dependent on the deceased for support and is/are in pecuniary

Click Here to Read the rest of this document