SANTOSH DEVI versus UNION OF INDIA. & ORS.

SANTOSH DEVI versus UNION OF INDIA. & ORS.

Under the statutory scheme and Pension Regulations for Army 1961, no family pension is payable to the legal heir of territorial army personnel who died during disembodied state and who had not put in pensionable service; however, in view of peculiar facts and the anomaly created by such rule, the Court exercises power under Article 142 of the Constitution to direct an ex-gratia grant.

Parties
Appellant: Santosh Devi; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
06 May 2016
Procedural Posture
Civil Appeal / Final Disposition After Appeal From Armed Forces Tribunal
Outcome
appeal disposed
Legal Topics
Family Pension, Territorial Army, Statutory Interpretation, Ex Gratia Grant
Service Law Military Law Family Pension Territorial Army Statutory Interpretation Ex Gratia Grant

Case Brief

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Parties

Santosh Devi

Appellant

Union of India & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Disposition After Appeal From Armed Forces Tribunal

Legal Issues

  1. 1 Whether family pension is payable to the next of kin of deceased territorial army personnel who died in disembodied state and had not put in pensionable service
  2. 2 Whether denial of family pension to the appellant is discriminatory

Ratio Decidendi

Under the statutory scheme and Pension Regulations for Army 1961, no family pension is payable to the legal heir of territorial army personnel who died during disembodied state and who had not put in pensionable service; however, in view of peculiar facts and the anomaly created by such rule, the Court exercises power under Article 142 of the Constitution to direct an ex-gratia grant.

Court Disposition

appeal disposed

Orders

  • The impugned order of the Armed Forces Tribunal is modified.
  • Respondents shall pay an ex-gratia amount of rupees ten lakhs to the appellant within three months.