SANTOSH DEVI Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is preferred against the judgment dated 13.05.2011 passed by the Armed Forces Tribunal, Chandigarh in T.A. No.242 of 2009 dismissing the application filed by the appellant seeking family pension for the death of her husband Ex. Sepoy Raj Singh.

(3.) Undisputed facts of the case are as follows:- Raj Singh was enrolled in the 103 Infantry Battalion (Territorial Army) on 17.05.1995. He was disembodied from service with effect from 31.03.2008 under Rule 20 of the Territorial Army Rules, 1948 and during disembodiment Raj Singh died at his home on 04.08.2008 due to heart attack. Raj Singh rendered a total service of eleven years and two hundred eighty nine days. The family pension was denied to the appellant vide letter dated 12.12.2008 stating that as per the existing rules, territorial army personnel who died during disembodied state without completing fifteen years of embodied service are not entitled for service pension. The appellant, being the wife of the deceased, served a legal notice upon the respondents on 05.01.2009 for release of death-cum-retirement gratuity, service gratuity and family pension. The department issued a demand draft dated 21.10.2009 for Rs.1,82,448/- in favour of the appellant on account of service gratuity and death-cum-retirement gratuity. Aggrieved thereof, appellant preferred Writ Petition No.16566 of 2009 seeking direction against the respondents to release the family pension. Upon constitution of Armed Forces Tribunal, Chandigarh, the writ petition was transferred to the Armed Forces Tribunal, Chandigarh and renumbered as T.A. No.242 of 2009 before the Tribunal.