VARINDER JEET MAVI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE challenge in the present writ petition is to an order passed by the Armed Forces, Tribunal, Chandigarh Regional Bench at Chandimandir (for short 'the Tribunal') on 04.12.2012, whereby, claim of the petitioner for special family pension on account of death of her husband Lt. Col. S.S. Mavi while availing joining time remained unsuccessful. The learned Tribunal declined the claim of the petitioner for special family pension for the reason that deceased was not on active Army service at the time of his death therefore, not entitled to special family pension.

(2.) THE question whether a personnel of the Army service on leave are entitled to disability pension has been examined by this Division Bench in CWP No. 17792 of 2013 titled as Barkat Masih vs. Union of India and others decided on 23.5.2014 It has been held that Army personnel are entitled to disability pension, even if, they are availing casual leave. It was concluded as under: -

(3.) THUS , the present writ petition is allowed in terms of judgment of this Division Bench in CWP No. 17792 of 2013 titled as Barkat Masih vs. Union of India and others.