Case Note & Summary
The petitioners, Smt. Shakuntala Bansidhar Gadekar and Bansidhar s/o Bhaudu Gadekar, are the parents of deceased Vijay Gadekar, who served in the Indian Army. Respondent No.6, Chhaya w/o Vijay Gadekar (now Chhaya w/o Manoj Dahake), was the wife of the deceased. After Vijay's death, Chhaya remarried to Manoj Dahake. A dispute arose between the petitioners and respondent No.6 regarding entitlement to pensionary benefits, leading to the filing of Writ Petition No.4390 of 2007, which was settled. Subsequently, the petitioners filed an application before the Armed Forces Tribunal, Regional Bench at Mumbai, seeking a direction to pay full family pension to them and to declare para 11.3 of a letter dated 12.11.2008 as illegal and void. The Tribunal passed an order on 2nd May 2014, but according to the petitioners, it did not consider their prayers for full family pension and the declaration of illegality of para 11.3. The petitioners then filed the present writ petition challenging the Tribunal's order to the extent of not granting those prayers. The High Court, after hearing the parties, held that upon remarriage of the widow, she ceases to be entitled to family pension, and the parents are not entitled to the full family pension automatically. The court further held that para 11.3 of the letter dated 12.11.2008 is valid and in accordance with the Army Pension Regulations. Consequently, the writ petition was dismissed, and the order of the Armed Forces Tribunal was upheld.
Headnote
A) Family Pension - Widow's Remarriage - Cessation of Entitlement - Army Pension Regulations - The issue was whether parents of a deceased soldier are entitled to full family pension after the widow remarries. The court held that upon remarriage, the widow ceases to be entitled to family pension, and the parents are not automatically entitled to the full pension; the entitlement is governed by the relevant pension regulations. (Paras 3-5) B) Pension Regulations - Validity of Para 11.3 - Letter dated 12.11.2008 - The petitioners challenged para 11.3 of the letter dated 12.11.2008 as illegal and void. The court held that the said para is in consonance with the Army Pension Regulations and is not illegal. (Paras 3-5)
Issue of Consideration
Whether the petitioners (parents of deceased soldier) are entitled to full family pension after the widow's remarriage, and whether para 11.3 of the letter dated 12.11.2008 is illegal and void.
Final Decision
The writ petition is dismissed. The order of the Armed Forces Tribunal, Regional Bench at Mumbai dated 2nd May 2014 is upheld. No order as to costs.
Law Points
- Family pension entitlement ceases upon remarriage of widow
- Para 11.3 of letter dated 12.11.2008 is valid and not illegal
- Parents not entitled to full family pension after widow's remarriage
- Armed Forces Tribunal's order upheld.
