KAMLA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER is mother of Vijay Kumar. He died on 13 -2 -1995. She is claiming family pension. This has been declined to her. This is on the ground that son of the petitioner died on account of excessive intake of alcohol (Ethyl Alcohol). Claim has also been negatived on the ground that mother is not entitled to family pension.

(2.) TWO types of pension are admissible under the Army Pension Regulation. One is ordinary family pension and other is special family pension. So far as ordinary family pension is concerned this is governed by Regulation 212. Special family pension is governed by Regulation 213. Eligibility for special family pension is governed by Regulation 216. Eligibility for ordinary family pension is governed by Regulation 219. These regulations are noticed below:

(3.) QUESTION arises as to whether petitioner is entitled to special family pension or not. Special family pension is payable when enrolled army personnel dies of wound, injury or disease which is attributable to military service. Ordinary family pension is payable to all relations who are entitled to special family pension including mother also. Mother figures at serial No. (e) of the sub -regulation of Regulation 216. Under Regulation 219, all those relations who are mentioned in Regulation 216 are entitled to grant of family pension. Therefore, mother would be entitled to family pension in terms of Regulation 219 and 216. In this regard it would again be apt to mention that if a person is not suffering from the disease at the time of induction in the army and if he lateron died of some disease then presumption is that he died on account of disease attributable to the army service. Such is a view expressed by the Division Bench of this court in case Union of India versus Rattan Lal 1999(2) SCT 39. What was said in the above judgment is quoted below: