THE AFT PRINCIPAL BENCH AT NEW DELHI
ORDERS SPECIAL FAMILY PENSION TO A WIDOW
Sri.Vinod Kumar Dahiya was enrolled in the Air Force on 22.7.1981 as an Aircraftsman and was released on 18.5.1989 on the recommendation of Medical board held on 17.1.1989 with 40% disability on account of hypertension aggravated by Air Force Service.
Thereafter he underwent dialysis and kidney transplant with heavy expense. Under such circumstances, the claim for disability pension was also rejected by the PCDA. He approached Hon’ble Delhi high court. In the meantime the petitioner died on account of renal failure on 05.02.1995.
The petitioner’s wife was released ordinary family pension with arrears of 40% disability pension. Since the disease was aggravated and hastened and ended in death due to Air Force service, the widow prayed for a Special family pension as per rule 270 of the pension regulations of the Air Force 1961.
The respondents contested and submitted that the petitioner is not entitled for special family pension as she is getting ordinary family pension.
The point is if the Rule 270 is properly interpreted in this case, the respondents would have sanctioned special family pension. But as usual, they denied the legitimate Special family pension and made the widow to approach this Tribunal.
The learned counsel of the Tribunal gave a fitting order to pay Special Family Pension from 05.02.1995 with 12% p.a. interest. They also recommended granting the treatment expenses sympathetically.
This matter indicates that specific courts can do much better job in rendering justice than a regular or general court.
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