ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR

18.

OA No 768/2018 with MA No 876/2018 Smt Prem Devi, Wd/o No-13765479A, Late Rfn Mahipal Singh, R/o Vill-Dudia Ki Dhani, Post-Deo Gaon, Tehsil-Nawalgarh, District-Jhunjhunu (Rajasthan) …. Applicant Versus

1. Union of India, through its Defence Secretary, Ministry of Defence, New Delhi

2. The PCDA (P), Draupadi Ghat, Allahabad (UP) - 211014

3. The OIC Records, JAK RIF …. Respondents PIN-908774, C/o 56 APO For Applicant : Mr SK Balwada, Advocate, proxy for Mr Akshat Chaudhary, Advocate For Respondents : Mr Pyare Lal, Advocate CORAM HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)

HON’BLE MR SANJIV MITTAL, MEMBER (A)

O R D E R

11.08.2025 MA No 876/2018

1. MA No 876/2018 has been filed by the Applicant for condonation of delay of more than 9 years in filing the OA. Having considered the reasons and grounds stated in the MA and also the fact that the pension is a recurring cause of action, the delay in filing the OA is condoned.

OA No 768/2018

2. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for grant of Ex-Gratia Award of Rs. 10 lakhs along with interest @ 18% per annum wef 04.01.2008 and the cost of legal expenses.

3. The brief facts as enunciated by the Applicant are that Late Rfn Mahipal Singh, husband of the Applicant was enrolled in the Army on 08.07.2000. Her husband died on 04.01.2006 due to accidental “Carbon Mono-Oxide Poisoning”

while he was detailed at Holcombe Guest House of 14 JAK RIF and his death was considered as Attributable to Military Service and, accordingly, the Applicant has been granted Special Family Pension. The Applicant submits that death of her husband was considered as Attributable to Military, therefore, she is entitled for grant of Ex-Gratia Award in terms of Govt of India, Ministry of Defence letter No 20(5)/2009/D (Pay/Services) dt 04.06.2010 and PCDA (P) Circular No 438 dt 16.07.2010. However, the claim of the Applicant for grant of Ex-Gratia Award has been rejected by the Respondents vide impugned Order dt 07.11.2008. The Applicant issued Legal Notice dt 12.07.2018 for grant of Ex Gratia Award but the Respondents paid no heed. Therefore, the aggrieved Applicant has filed present OA.

4. The Respondents have filed a detailed reply to the Application and submitted that Late Rfn Mahipal Singh and L/Nk B Anand were detailed at Holcombe Guest House for the duration of VVIP visit to the Station wef 04.01.2008 to 05.01.2008. On 03.01.2008, both the individuals had taken their dinner early and went to sleep in the room which was earmarked for them at ground floor. On 04.01.2008, at around 0430h, when sentry on duty went to distribute tea in their room and tried to wake them up by shaking, there was no response. They were immediately evacuated to MH, Jotogh where they were declared dead by the duty medical officer. Their bodies were sent to Indira Gandhi Medical College (IGMC), Shimla for postmortem examination and Forensic Science report to ascertain the cause of death and as per the Forensic Science report, death of both the individuals was due to “Carbon Mono-Oxide Poisoning”. In the meantime, a Court of Inquiry was ordered to investigate into the circumstances leading to the death of above personnel which considered the death of both the personnel as Attributable to Military Service. Later, the DGAFMS, ie., the Competent Medical Authority considered the death as Attributable to Military Service vide letter dt 17.07.2008. The case for grant of Special Family Pension and Ex Gratia Award was processed with PCDA (P) who considered the death as Not Attributable to Military Service on the plea that the cause of death due to carbon mono-oxide poisoning while sleeping in room has no causal connection with performance of duty as per Entitlement Rules. The Appeal against rejection of claim was processed with Competent Authority at IHQ of MoD (Army) who considered the death as Attributable to Military Service vide le