JUSTICE CAN BE DELAYED BUT CANNOT BE DENIED

JUSTICE CAN BE DELAYED BUT CANNOT BE DENIED !

WILL THE MINISTRY OF DEFENCE ALLOW DUAL FAMILY PENSION TO THE WIDOWS OF REEMPLOYED EXSERVICEMEN NOW?

The Armed Forces Tribunal, Regional Bench, Kochi had delivered two land mark judgments TA No.16 of 2010 dt.20.5.2010 and TA No.150 of 2010 dt.28.7.2010 in the family pension cases of the widows of the reemployed ex-servicemen in banks.

In both these cases, the Banks, i.e. The Canara Bank and The State Bank of India had sanctioned family pension to the widows immediately since the re-employed ex-servicemen died in harness.  It is the Ministry of Defence  which had refused the eligible defence family pension to these widows thus these petitions were filed in Keral High court later transferred to this tribunal.

The contention of the Ministry of Defence was clearly dismissed as follows:-

“The pension paid by the Bank is not from any Government fund, but it is from a Trust scheme, maintained by the Bank for its employees and as such the widow is entitled to get family pension from the Air Force also”

“By no stretch of imagination, the pension received from the Canara Bank can be treated as pension received from the Government.  So, there is absolutely no merit on the contention that she is not entitled to get pension from the Air Force in view of the prohibition contained in Regulation 195(a).  It is also to be noted that Canara Bank is a statutory body incorporated under the provisions of the Banking Regulation Act.  Its funds are not part of Government funds.  There is no justification in denying family pension to the petitioner on the ground that Canara Bank is paying family pension to the petitioner.”

The Special Leave Petition preferred against the judgment in W.A.No.2155 of 2008 was also dismissed by the Honourable Supreme Court, by order dated 4.9.2009.  Thus the stand of the respondents that petitioner is not entitled to get two family pensions simultaneously is illegal and unsustainable.

In WP.(C) Mp/5589 of 2006 as well as in the decision reported in Union of India v.Vishalakshy (1988(2) KLT 797) and also the decision in W.A.No.2155 of 2008, “it was held that the widow of service personnel reemployed in nationalized bank is entitled to get family pension from the armed forces”.

“In spite of all these decisions, the Principal Controller of Defence Accounts (Pension) is unreasonably rejecting the claim for family pension filed by the widow’s service personnel re-employed by the Banks.”

It is very clear from these two judgments, that there is no justification for refusing dual family pensions to the widows of the re-employed ex-servicemen in Banks.  The MOD should come forward at least now and issue instructions to PCDA (P) to sanction family pension to all similar cases without making all the widows to approach the Tribunal for similar judgment.  WILL THE MOD TAKE UP IN GOOD SPIRIT?

SIMILARLY THE STATE BANK OF INDIA HAD ALSO TAKEN THE STAND OF THE MINISTRY OF DEFENCE AND REJECTED THE CLAIMS OF SBI FAMILY PENSION TO THE WIDOWS OF ITS RE-EMPLOYED EX-SERVICEMEN.  NOW THE SBI ALSO SHOULD COME FORWARD TO SANCTION FAMILY PENSION PRONOUNCEMENT OF THESE JUDGEMENTS.  WILL THE SBI RECONSIDER ITS DECISION ON THE SUBJECT?

Read the judgments: http://www.aftdelhi.nic.in/benches/kochi_bench/judgments/may/TA_No.16_of_2010.pdf

http://www.aftdelhi.nic.in/benches/kochi_bench/judgments/july/TA%20No.150%20of%202010.pdf