AFT, Chennai grants Special Family Pension
to the mother of an Air Force Corporal.
08.05.2010 | 15:45
Chennai
Chennai
R. Sivaraman
The mother of an Air Force corporal who died in mysterious circumstances was granted Special Family Pension by the Regional Bench of Armed Forces Tribunal, Chennai yesterday. Setting aside the impugned orders of the competent authority denying Special Family Pension the Regional Bench of Armed Forces Tribunal, Chennai consisting of Justice AC Arumugaperumal Adityan and Lt Gen. (Retd) S. Pattabhiraman ruled that the mother is entitled to Special Family Pension as per Air Force Pension Regulations.
The mother who had lost her son during his service with the Air Force, had earlier approached the Madras High Court for Special Family Pension by way of a writ petition which was transferred to the Regional Bench of Armed Forces Tribunal after the enactment of Armed Forces Tribunal Act, 2007.
According to Polammal, the petitioner, her son late Cpl Sridharan had joined Indian Air Force in 1984 and was serving in Indian Air Force with unblemished record of service till death. On 27.12.1994, the petitioner was informed by the Commanding Officer that her son was missing. Later on 04.01.1995 it was informed that her son had died under mysterious circumstances and that his body was found inDelhi
The Petitioner’s request to the relevant authorities for investigating into the death of her son went in vain. The claim for special family pension was also denied. The said decisions of the competent authority were under challenge before the tribunal. The bench while rejecting the first prayer in view of alternate relief, however, directed the authorities to grant special family pension.
Disposing of the matter, the Regional Bench of Armed Forces Tribunal observed, “With regard to the relief of re-investigation in respect of the mysterious death of the petitioner’s son, the petitioner can very well file necessary applications before the concerned Superintendent of Police or before the Judicial Magistrate before whom the FIR has been registered by the Hazarat Nizamuddin Police Station, New Delhi, for appropriate relief regarding the progress of the case.”
On the aspect of claim for special family pension, the bench held that
The mother who had lost her son during his service with the Air Force, had earlier approached the Madras High Court for Special Family Pension by way of a writ petition which was transferred to the Regional Bench of Armed Forces Tribunal after the enactment of Armed Forces Tribunal Act, 2007.
According to Polammal, the petitioner, her son late Cpl Sridharan had joined Indian Air Force in 1984 and was serving in Indian Air Force with unblemished record of service till death. On 27.12.1994, the petitioner was informed by the Commanding Officer that her son was missing. Later on 04.01.1995 it was informed that her son had died under mysterious circumstances and that his body was found in
The Petitioner’s request to the relevant authorities for investigating into the death of her son went in vain. The claim for special family pension was also denied. The said decisions of the competent authority were under challenge before the tribunal. The bench while rejecting the first prayer in view of alternate relief, however, directed the authorities to grant special family pension.
Disposing of the matter, the Regional Bench of Armed Forces Tribunal observed, “With regard to the relief of re-investigation in respect of the mysterious death of the petitioner’s son, the petitioner can very well file necessary applications before the concerned Superintendent of Police or before the Judicial Magistrate before whom the FIR has been registered by the Hazarat Nizamuddin Police Station, New Delhi, for appropriate relief regarding the progress of the case.”
On the aspect of claim for special family pension, the bench held that
“In the absence of any material worth mentioning on record to show that the death of Cpl Sridharan was not attributable to Air Force Service nor aggravated by Air Force Service, we have to hold that the death of Cpl Sridharan is only attributable to Air Force service. Under such circumstances, we are of the considered view that the impugned orders before us are liable to be set aside and consequently the petitioner is entitled to the special family pension from 04.01.1995 as per Air Force Pension Regulations with 9 percent interest and a cost of Rs 10,000.”
1 comment:
It is another and one more good new. We are very happy that the AFT Chennai has given the justice to the Mother of a Corporal . Thank you sir, bringing the latest News and publishing.
Kanthiah
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