The Armed Forces Tribunal (AFT) has directed the grant of lifetime pensionary benefits along with arrears from 1993 to the widow of Gunner Darshan Singh, a soldier who was invalided out of service more than 33 years ago. The Tribunal also imposed costs of Rs 5 lakh on the concerned officials for harassment and denial of rightful claims.
Background of the Case
Gunner Darshan Singh was invalided out of service in April 1993 after being declared medically unfit due to disabilities attributable to military service. He had served a little over nine years. Despite the disability being service-related, no disability benefits were initially granted to him.
In 2012, the AFT ordered the grant of service element of pension with effect from 1993, but the arrears were restricted to three years. However, the pension authorities did not implement the order, citing that Singh had not completed 10 years of service. Singh passed away in November 2011 before the AFT decided his case.
AFT's Observations
The Chandigarh Bench of the AFT, comprising Justice Sudhir Mittal and Lt Gen Ranbir Singh, noted that the court order had not been implemented even after 14 years. The Artillery Records had rejected the pension claim on frivolous grounds with no legal sanctity.
The Bench observed that the widow had been unnecessarily harassed and denied her rightful claim. It stated that the authorities must compensate her adequately. The Tribunal imposed costs of Rs 5 lakh on the officials for denial of lifetime arrears and delay in granting ordinary family pension.
Legal Arguments and Entitlement
The widow's counsel argued that her late husband was entitled to the service element of pension, and she was entitled to family pension after his death. The rejection was based on irrelevant reasons, he contended. The Bench pointed out that the case for family pension was processed in 2022, indicating acceptance of her entitlement.
The Tribunal held that the fact that Singh died before the AFT decision did not affect the entitlement to service element. It directed that the widow be granted ordinary family pension with arrears from 1993, along with the imposed costs.
