Armed Forces Tribunal, Principal Bench, New Delhi: Hon’ble Justice Babu Mathew P. Joseph And Lt. Gen. Gautam Moorthy quashed a previous order by granting the claim of Special Family Pension to the aggrieved in respect of her husband Late Subedar ML Sharma.
The applicant had filed an application to claim Special Family Pension and Ex Gratia payment against the Ordinary family pension she was receiving. Applicant is the widow of late Subedar ML Sharma who died on duty due to Myocardial Infraction. Though later, the applicant did not press her claim of Ex Gratia payment.
Applicant’s claim was turned down on the ground that the death of the deceased husband of the applicant was not attributable to or aggravated by military service. There are no records of ML Sharma having any ailments at the time of his entering the military services. The deceased was posted to serve in field areas involving operational hazards causing stress and strain. The opinions of Court of Enquiry were all in favour of the deceased’s death being attributable to military service.
The medical authorities shared the view that the death was not attributable to military service, as the death occurred in peace station while in service as a result of Myocardial Infarction which is not related to or precipitated by stress or strain in service.
Therefore, the Tribunal observed that the death was attributable to military service and directed the payment of Special Family Pension to the applicant, for which the respondents were asked to issue a corrigendum pension payment order granting the special family pension. [Sita Devi v. Union of India, 2018 SCC OnLine AFT 152, order dated 10-01-2018]
My grivences DARPG/D/2019/01646 dt 01 July 19 is closed by air force authority on 09 SEP 19 by stating that Air force act sec 73 notes 10.2 and 13. Is not applicable in my case. AFA sec 73 notes states that A COURT MARTIAL DOES NOT DEAL WITH ACTING RANK and AFA sec 73 notes 13.1 states that Although acting rank is not recognised in the sentence of court martial. When court martial concluded on 14 Nov 98 I was acting rank of sergeant. I have send my service records copy which I have recieved from HQ MC IAF on 30 Oct 18 letter no MC/C/5002/101/Disp dt 30 Oct 18 was a violation of AFA and AFR and Art 21 of constitution of India and a complete travesty of justice with 669398 ex Cpl (Acting Sgt paid) VK Katiyar.