ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR (CIRCUIT BENCH AT JODHPUR)

(Through Video Conferencing)

14.

OA No 93/2024 with MA No 139/2024 Smt Kabu Devi, Wd/o No-5004 Ex Sep Late Himta Ram, R/o VPO-Kapuria, Teh-Osian, Distt-Jodhpur (Raj) …. Applicant Versus

1. The Union of India, through its Secretary of the Govt of India, Ministry of Defence, New Delhi-110011

2. The Chief of the Army Staff, Army Headquarters, DHQ PO, New Delhi-110011

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

4. Records The Rajput Regiment PIN-900427, C/o 56 APO

5. Treasury Office (Rural), Old High Court Campus, …. Respondents Paota, Jodhpur (Raj) – 342001 For Applicant : Ms. Soumya, Advocate For Respondents : Dr. Yuvraj Singh, Advocate CORAM:

HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)

HON’BLE MR. SANJIV MITTAL, MEMBER (A)

O R D E R

29.05.2025

1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for directing the Respondents to release Dual Family Pension from Army side wef 24.09.2012 in terms of PCDA (P), Allahabad Circular Nos 504 dt 17.01.2013 and 514 dt 05.09.2013 and that the arrears be paid along with interest @ 9% per annum.

2. Brief facts of the case as enunciated by the Applicant are that initially the Applicant’s husband was enrolled in Jodhpur Sardar Infantry (State Forces) which was later merged with Indian Army and on retirement from Jodhpur Sardar Infantry, he was granted Service Pension vide TS No. 1787(ISF). The fact that the Applicant’s husband was in receipt of Service Pension vide TS No 1787(ISF) has been admitted by Treasury Office, Jodhpur vide their letter dt 23.09.1977 (Annexure A/2). Thereafter, the Applicant’s husband got re- employed in the State Government Service (Rajasthan Police) from where he was discharged from Service on 30.11.1973 as a Constable and was granted Service Pension vide PPO No 43752(R). After death of her husband on 21.05.1981, the Applicant was granted Family Pension from Rajasthan Government wef 22.05.1981 vide PPO No 43752(R)SF which stands revised from time to time. The Applicant was also sanctioned Family Pension from Army authorities vide PPO No F/NA/Pre-64/30013/87 wef 22.05.1981 but the same was cancelled subsequently and no Family Pension was paid to the Applicant as per extant rules as she was already in receipt of Family Pension wef 22.05.1981 from Government of Rajasthan. The Applicant submits that in terms of PCDA (P) Circular Nos 504 dt 17.01.2013 and 514 dt 05.09.2013, now the Applicant is eligible for grant of Dual Family Pension wef 24.09.2012 for the services rendered by her husband in the Army. The Applicant made several representations as also issued Legal Notice for grant of Dual Family Pension wef 24.09.2012 for the services rendered by her husband in the Army, but to no avail. Therefore, the aggrieved Applicant has filed present OA.

3. Respondents have filed a detailed Reply Statement. While not disputing the basic facts presented by the Applicant, the Respondents have submitted that service documents of the Applicant’s husband have been destroyed after expiry of mandatory retention period. However, as per the details available in the Long Roll, after death of her husband on 21.05.1981, the Applicant was granted Family Pension wef 22.05.1981 vide PPO No F/NA/Pre-64/30013/1987. Since the Applicant was already in receipt of Family Pension from Government of Rajasthan vide PPO No 43752(R)SF wef 22.05.1981, PPO No F/NA/Pre- 64/30013/1987 under which the Family Pension was sanctioned to the Applicant wef 22.05.1981 was cancelled vide PPO No F/NA/Pre-64/3839/1987. As regards grant of Dual Family Pension wef 24.09.2012 in terms of aforesaid Circulars of PCDA (P), Allahabad, the Respondents have submitted that the dual family pension claim of the Applicant was rejected by PCDA (P), Allahabad vide their letter dt 18.09.2023 on the grounds that since the initial PPO No F/NA/Pre-64/30013/1987 under which the Applicant was sanctioned Family