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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. K. NATARAJAN, MR. JOHNSON JOHN, JJ
AJITHAKUMARI K – Appellant
Versus
UNION OF INDIA – Respondent
| Table of Content |
|---|
| 1. petitioner's challenge to family pension application. (Para 1 , 3) |
| 2. court's examination of marital status and pension eligibility. (Para 2 , 8 , 9 , 10) |
| 3. arguments on pension regulations and nominations. (Para 4 , 5 , 6 , 7) |
| 4. legal interpretation of pension as non-estate property. (Para 11 , 12 , 13) |
| 5. court's order to dismiss the writ petition. (Para 14 , 15) |
K. NATARAJAN, J.
This writ petition is filed by the petitioner by challenging the order dated 01.07.2024 passed in OA No.178/2023 by the Armed Forces Tribunal, Regional Bench, Kochi (hereinafter referred to as “Tribunal”), having rejected the prayer of the petitioner for granting family pension and accepting the contention of the authorities for granting pension to the respondent No.5 herein.
2. We have heard the arguments of the learned counsel for the petitioner, the learned Senior Panel Counsel appearing for the respondent Nos.1 to 3, the learned Government Pleader appearing for the 4th respondent, and the learned counsel appearing for the 5th respondent.
3. The case of the petitioner before the Tribunal was that her son, Abhijith J. A. joined the Indian Army in the year 19.09.2017 and he said to be expir
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