Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Family Pension — Entitlement |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Family Pension — Entitlement — To the next of kin of deceased territorial arn personnel — Who died in disembodied state and who had not put in pensionable service — Held: When the territorial army personnel are in disembodied state, their service conditions are governed by Territorial Army Act, 1948 and not by Army Act, 1950 — As per the existing rules no family pension is payable to the legal heir of a territorial army personnel, who died during disembodied state and who had not put in pensionable service — However, such rule has led to a patent anomaly — The authorities concerned, despite having taken note of such anomaly have not taken any steps to rectify the same — The State is required to remove the anomalies and pay family pension to the next of kin of the deceased territorial army personel who die while in disembodied state, by giving due weightage to their embodied service — In view of the peculiar facts and circumstances of the present case, in the interest of justice and in exercise of power under Art. 142 of the Constitution, award of ex-gratia grant of Rs. 10 lakhs — Territorial Army Act, 1948 ~ Army Act, 1950 — Pension Regulations for the Army, 196] — Circulars dated 11.6.1985, 3.2.1998 and 12.11.2008 of Government of India, Ministry of Defence — Constitution of India — Art. 142. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2016 INSC 387 |
Petitioner | Santosh Devi |
Respondent | Union Of India. & Ors. |
SCR | [2016] 4 S.C.R. 417 |
Judgement Date | 2016-05-06 |
Case Number | 4853 |
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