SHAKUNTLA DEVI Vs. UOI

JUDGEMENT

(1.) BY way of the present writ petition, the order dated 20 th July, 2011 passed by the Armed Forces Tribunal in O.A.No.203/2010 has been assailed before us. The petitioner had prayed before the Armed Forces Tribunal for a direction to the respondents to release special family petition in her favour w.e.f. 11th March, 2008 which was the date of re-marriage of the widow of her son late Gnr. Sombir. The petitioner had also prayed for quashing of the order dated 3rd January, 2010 issued by the respondents rejecting the same prayer.

(2.) LATE Gnr. Sombir, son of the petitioner was enrolled in the army as a soldier on 22nd March, 2011. It is claimed that the petitioner was fully dependent on her son who was the sole While on casual leave, on 16th bread earner in the family. October, 2004, late Gnr. Sombir met with an accident and expired in the Civil Hospital, Jind, Haryana on the same date.

(3.) LEARNED counsel for the petitioner has vehemently contended before us that by virtue of Regulation 520 under the Defence Service Regulation; and the letter dated 7 th February, 2001 of Government of India, the Station Brigadier is required to certify that the death of the service personnel was attributable to military service. In the case of the petitioner, upon such certification, by virtue of para 173 of the Pension Regulations for Army, 1961 Part � I, upon remarriage of late Gnr. Sombir's widow, the petitioner would be automatically entitled to special family pension. Colonel (Retd.) S.R. Kalkal, learned counsel for the petitioner has also drawn our attention to the affidavit filed by Smt. Vijeta Devi to the effect that she is not pressing any claim in respect to the pension which may be admissible under the rules.