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2001 Supreme(J&K) 245

T.S.DOABIA
Kamla Devi – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
Advocate For Appellant: C.M. Koul
Advocate For Respondent: S. Bhat

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 b













































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