SUMAN NARUKA Vs. UOI

JUDGEMENT

(1.) Instant petition pertains to an order dated 19.04.2012 passed by the Armed Forces Tribunal allowing OA No. 270/2011 filed by the petitioner, but not in full. Granting substantive relief prayed for i.e. to restore family pension paid by the Indian Air Force, proportionate to the service rendered by Corporal Naruka Narender Singh, husband of the petitioner, the Tribunal has directed payment to be made only with effect from February 20, 2011, for the reason the petitioner had applied to the Indian Air Force on said date. The peculiar facts of the instant case require the petitioner to be paid family pension from a retrospective date on account of the reason there was an issue whether Air Force personnel, in receipt of service pension, on being re-employed in a civilian service, on their death; would or would not entitle the family to the family pension. We highlight that these persons were otherwise being paid pension by the Indian Air Force. Notwithstanding the Government of India issuing a notification dated July 27, 2001, the Air Force Authorities were not releasing the family pension till a clarificatory circular was issued on May 14, 2010 which reads as under:

(2.) Suffice would it be to state that in view of the clarificatory circular, the petitioner made a representation on February 20, 2011; and suffice would it be to further state that clarificatory circulars do not create a right inasmuch as they clarify on an existing right. The second paragraph of the circular dated May 14, 2010, clearly clarifies that family pension has to be paid with effect from July 27, 2001 i.e. the date on which the Government of India had issued the original notification. The petitioner made a representation only when the clarification was issued on May 14, 2010.

(3.) No other point is involved.