Pension eludes war veteran in lifetime, kin get benefits 8 years after his death

Jammu: A family of a war veteran including a physically challenged son received a sigh of relief after Armed Forces Tribunal announced a verdict in their favour and entitled them to receive pensionary benefits.
The decision of the tribunal came 8 years after the death of Hav. Chuni Lal, whose family members led by the wife of deceased Army Jawan, Chanchala Devi running pillar to post since 2014.
Hav. Chuni Lal joined Indian Army in 1960 and after contributing in war of 1962, 1965 as well as 1971, the soldier retired in 1974.
He was not granted a service pension as he was falling short of 3 months 5 days for qualifying service.
In this regard, the Chuni Lal made a representation before Former Prime Minister of India, Indira Gandhi, Former President of India A P J Abdul Kalam as well as Army chief.
Following assurance from higher up, he made a representation before Jammu and Kashmir Light Infantry (JAK LI), to condone shortfall of service in the light of a Ministry of Defence, Govt. of India letter dated 14.08.2001, the same was rejected by the respondents vide letters dated 26.12.2020 and dated 14.05.2008.
Chuni Lal died in 2014 leaving behind his widow, three minor daughters and one minor disabled son.
His widow left behind without any source of livelihood has made several representations for the grant of family pension, however, rejected by the respondents. The respondents did not consider the miserable plight of the applicant and to the contrary declined to grant her family pension.
After hearing both sides, Justice Dharam Chand Chaudhary and Vice Admiral HCS Bisht, said that they have found that the respondents have erroneously rejected the claim of the applicant (Widow of Army Jawan), for the grant of ordinary family pernsion on the ground interalia that husband of the applicant was not eligible for condonation of shortfall in service being discharged on his own request well before the completion of the qualifying service i.e. 15 years.
“The conclusion of the matter so drawn by us is based upon the Government of India Instructions dated 14.08.2001 (Annexure A-7) whereby approval for condonation of shortfall in qualifying service for grant - of family pension in respect of PBOR beyond six months and upto 12 months has been granted,” court said.
“The family comprising the applicant three daughters and one minor disabled son was completely dependent upon the husband of the applicant. The liabilities and responsibilities on his death all such towards the family got shifted upon the applicant. Therefore, in our considered opinion, the applicant is entitled o the grant of an ordinary family pension,” the court added.
The court further directed respondents to grant the ordinary family pension in favour of the applicant with all consequential benefits from due date i.e. the day next to the death of her husband.
“The arrears, if any, shall be calculated and paid to her within three months from the date of receipt of certified copy of this order by learned Senior Panel Counsel/ OIC, Legai Cell, failing which together with interest 8% per annum till realization. The application is, accordingly, disposed of so also the pending Misc. Application (s) if any.,”
The advocate of applicant, Arjun Bhatia told The News Now that this was a very serious case and hails the verdict of court.
He also informed that there many people, who are awaiting justice. “Many people are not aware that the advocates are available in Jammu for defense case,” he said.
He added that the verdict in the favour of war veteran’s kin will rekindle among people, who are waiting for justice.
Updated On 12/3/2022 11:40:25 AM

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