COURT No.3 ARMED FORCES TRIBUNAL PRINCIPAL BENCH: NEW DELHI 4 OA 2403/2021 Smt Abhilasha Chetan waaee Applicant VERSUS Union of India and Ors. -... Respondents For Applicant : Mr. Rajiv Manglik, Advocate For Respondents : Ms. Barkha Babbar R~1 to R-3 , Mr. Anand Kumar R-5, Advocate CORAM HON’BLE MS. JUSTICE ANU MALHOTRA, MEMBER (J) HON’BLE REAR ADMIRAL DHIREN VIG, MEMBER (A) ORDER 31.07.2023 Order dismissing the OA pronounced, signed and dated. (JUSTICE ANU MALHOTRA) MEMBER ()) (REAR ADMIRAL. DHIREN VIG) _ ER (A) CHANANACOURT No.3 ARMED FORCES TRIBUNAL PRINCIPAL BENCH: NEW DELHI OA 2403/2021 Smt. Abhilasha Chetan «+ Applicant VERSUS Union of India and Ors. + Respondents For Applicant : Mr.Rajeev Manglik, Advocate For Respondents : Ms Barkha Babbar, Advocate for R-1-3 Mr Anand Kumar, Advocate for R-5 CORAM HON’BLE MS. JUSTICE ANU MALHOTRA, MEMBER (9) HON’BLE REAR ADMIRAL DHIREN VIG, MEMBER (A) ORDER Vide the present OA, the applicant makes the following prayers: a) To declare the action of the respondents as unjust, arbitrary and illegal; and b) To direct the respondents to divide the family pension between the applicant and respondent No.5 in equal shares; and ©) To direct the respondent No.4 to release the AGIF benefits to the applicant and respondent No.5 in equal shares and if the respondent No.5 1s not preferring any claim the entire amount is required to be given to the applicant as due; and @ To direct the respondent No.1 to 3 to release the DSOP, Gratuity, Leave encashment and ex- Statia amount to the applicant and respondent no.5 in equal shares and if the respondent no.5 is not preferring any claim the entire amount is required to be given to the applicant as due; and &) Grant an interest of 18% on the arrears; and OA 2403/2021 Smt Abhilasha Chetan 1of 26D To award exemplary costs upon the Respondents in the tacts and circumstances of the record; and 8) To pass such further order or orders, direction/directions as this Hon‘ble Tribunal may deem fit and proper in accordance with law, apart from this, a prayer for Interim Order: The applicants humbly prays to the Hon’ble Tribunal that during the pendency of the instant OA this Hon’ble Tribunal may be pleased to grant the interim protection to the applicants as the balance of convenience is in favour of the applicants and against the respondents and this Hon’ble Tribunal may be pleased to:~ (a) (h) (Co) (d) (e) () Stay the operation of letter dated 28 Sep 2021; and Direct the respondents to pay the provisional pension equally between the applicant No. I and the respondent No.8 till the pendency of the OA. The applicant No.1 also undertakes that in case the outcome of the OA 1s not in favour of the applicant, she will refund the amount so paid till that date to the beneficiary in whose favour the case will be decided; and or Alternatively- the respondents may be directed not to disburse the family pension in favour of respondent No.5 or any one else; and Direct the respondent No.4 to not to release the amount of AGIF to the respondent No.5 during the pendency of the OA; and Direct the respondents I to 3 not to disburse the amount of gratuity, leave encashment, Ex-gratia amount till the pendency of the OA; and Fass any other order in the interest of justice as this Hon’ble Tribunal may consider just and proper to safeguard the interest of the applicants. OA 2403/2021 Smt Abhilasha Chetan 2 of 262: The respondent Nos.1, 2, 3, 4 and 5 as per the memo of parties arrayed to the present OA are as under: I. Union of India Through the Secretary, Ministry of Defence, South Block, New Delhi-1 10011 2. Chief of the Army Statt, Integrated HQ of MoD (Army) \ DHQ PO, New Delhi-1 10011 3. PCDA(P) Dhraupadi Ghat, Alahabad(UP) 4. Managing Director, Army Group Insurance Fund, AGI Bhawan, .Rao Tula Ram Mars, Post Bag No. 14 PO Vasant Vihar, New Delhi-110057 3. Smt. Sarika Chunt, W/o Late Lt.Col. Ashish Chetan, R/o 125, ] Ashiaana, Jail Road, Near B