UNION OF INDIA Vs. SARASWATI

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India by the respondents in O.A.No.157 of 2021 on the file of the Armed Forces Tribunal, Regional Bench, Kochi ('the Tribunal' for short), seeking a writ of certiorari to quash Ext.P3 order dtd. 9/8/2023 passed by the Tribunal in that original application.

(2.) The facts which led to the filing of this writ petition are as follows:

(3.) In the original application, the petitioners filed a reply statement dtd. 7/6/2023, opposing the reliefs sought for and producing therewith Annexures R1 to R18 documents. In the reply statement filed by the petitioners, inter alia, it was contended that on examination of Annexure R13 application dtd. 8/9/2020 submitted by the respondent, at the appropriate level, it was opined that a mutual agreement of separation cannot be considered as a valid document for continuation of family pension. As per para 4 of G.O.I, MoD letter dtd. 17/11/2017, family pension may be granted to a divorced daughter in case where divorce proceedings had been filed in a competent court during the lifetime of the pensioner or his/her spouse. Since the respondent had filed a case for divorce in the Family Court, Thalassery, in 2017, after the death of her parents and the court allowed that original petition on 27/1/2018, the respondent is not eligible for grant of family pension.