SC invoking powers under Article 142, directs Govt. to pay Ten Lakh to widow of a Territorial Army Personnel [Read Judgment]
8 years, 10 months ago

SC invoking powers under Article 142, directs Govt. to pay Ten Lakh to widow of a Territorial Army Personnel [Read Judgment]

Live Law  

Supreme Court, by invoking powers under Article 142 of the Constitution has asked the Government to pay an exgratia amount of rupees ten lakhs to a widow of Territorial Army personnel.The Armed Forces Tribunal had dismissed the application filed by the widow seeking family pension for the death of her husband who rendered a total service of about twelve years in Army, holding that he did not. Supreme Court, by invoking powers under Article 142 of the Constitution has asked the Government to pay an exgratia amount of rupees ten lakhs to a widow of Territorial Army personnel. CONSIDER FAVOURABILY TO PAY FAMILY PENSION TO NEXT OF KIN OF DECEASED TA PERSONNEL Observing that there are anomalies in the Rules governing service conditions of Territorial Army men, the court observed, “Inspite of repeated recommendations, it is not known why steps are not being taken to remove the anomalies to pay family pension to ‘next of kin’ of Territorial Army personnel who rendered long service in Territorial Army and died while in disembodied state. We hope that the Union of India considers the issue favourably to remove the anomalies to pay appropriate family pension to next of kin of Territorial Army personnel who die while in disembodied state by giving due weightage to their embodied service.” INVOKES ARTICLE 142 Invoking Article 142 of Constitution of India, the Court observed as follows, “On behalf of the appellant, it was submitted that Raj Singh had unblemished service record and had rendered a total service of about twelve years in Territorial Army including service in operational area.

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History of this topic

[MV Act] Family Pension Paid To Deceased's Family Can't Be Deducted While Calculating Compensation: Delhi High Court
2 months ago

[MV Act] Family Pension Paid To Deceased's Family Can't Be Deducted While Calculating Compensation: Delhi High Court

Live Law  

The Delhi High Court has observed that the family pension being received by legal heirs of a deceased cannot be considered for calculating compensations towards 'Loss of Dependency' payable under the Motor Vehicles Act. At the outset, the High Court remarked that monetary compensation has to be granted in a just and fair manner so as to alleviate any financial …

Salary Of Army Personnel Can't Be Attached To Realise Maintenance Arrears, Only Central Govt Authorised To Make Deductions: Punjab & Haryana HC
3 months, 1 week ago

Salary Of Army Personnel Can't Be Attached To Realise Maintenance Arrears, Only Central Govt Authorised To Make Deductions: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has said that the salary of an Army personnel cannot be attached to realise the arrears of maintenance under Section 125 CrPC, as only the Central government is authorised to make deductions. Justice Harpreet Singh Brar said, “In furtherance of the legislative intent behind Sections 25 and 91 of the Army Act, while the …

War over the wounded | Defence: Disability pensions
3 months, 1 week ago

War over the wounded | Defence: Disability pensions

India Today  

Given the hazardous nature of the job where disability and death are always nigh, the ministry of defence has had a generous policy for compensating Indian military personnel who put their life on the line. The compensatory benefits range from a full 100 per cent more of their normal pensions to lower percentages after medical officers assess the degree of …

'Soldier's Widow Should Not Have Been Dragged To Court': Supreme Court Imposes Rs. 50K Cost On Centre For Challenging Pension Order
3 months, 3 weeks ago

'Soldier's Widow Should Not Have Been Dragged To Court': Supreme Court Imposes Rs. 50K Cost On Centre For Challenging Pension Order

Live Law  

The Supreme Court today dismissed Union of India's appeal against order of Armed Forces Tribunal granting a Liberalised Family Pension and other benefits to the widow of a soldier who died while on an Area Domination Patrol along the Line of Control. Initially, his death was classified as a “battle casualty” but was later changed to a “physical casualty attributable …

Whether Pension Can Be Attached In Execution Of Maintenance Order Granted To Wife? Punjab & Haryana High Court Refers To Larger Bench
4 months, 2 weeks ago

Whether Pension Can Be Attached In Execution Of Maintenance Order Granted To Wife? Punjab & Haryana High Court Refers To Larger Bench

Live Law  

The Punjab & Haryana High Court has referred the question to larger bench on whether pension of the judgement-debtor in execution proceedings arising from maintenance order can be attached.Justice Harpreet Singh Brar explained that neither the maintenance allowance granted to the wife or minor children can be considered to be a 'debt' nor the wife or minor children can be …

24 years on, armyman’s widow to get ₹10 lakh on HC’s intervention
6 months, 3 weeks ago

24 years on, armyman’s widow to get ₹10 lakh on HC’s intervention

Hindustan Times  

Almost 24 years after her husband’s death, a Haryana armyman’s widow will get ex gratia following court intervention now. The petitioner’s argument was that as per the Haryana government policy of November 30, 1999, amended in the backdrop of Kargil war, his death was to be treated as casualty in an operational area. The government’s argument was that an amendment …

HC seeks state’s response on deceased Army hero’s family benefits
11 months, 2 weeks ago

HC seeks state’s response on deceased Army hero’s family benefits

Hindustan Times  

The Bombay High Court on Friday has demanded a response from the Maharashtra government regarding its stance on granting monetary benefits to the family of the late Major Anuj Sood, who made the ultimate sacrifice while rescuing civilian hostages from terrorist hideouts on May 2, 2020. HC seeks state’s response on deceased Army hero’s family benefits The court expressed its …

'Inhuman Approach': P&H HC Imposes ₹1 Lakh Cost On Haryana Govt For Stopping Widow's Family Pension Over Excess Amounts Received By Her Due To Dept's Error
1 year ago

'Inhuman Approach': P&H HC Imposes ₹1 Lakh Cost On Haryana Govt For Stopping Widow's Family Pension Over Excess Amounts Received By Her Due To Dept's Error

Live Law  

The Punjab & Haryana High Court has imposed a cost of Rs.1 Lakh on the Haryana Government for its "insensitive and inhuman" approach of deducting the excess amount paid in pension due to the Department's negligence, which deprived a widow of family pension.While noting the government's department deprived the widow of family pension for 15 months and thereafter Rs.9000 was …

'Pension Scheme Must Be Interpreted Widely' : Supreme Court Allows Central Govt Service To Be Included For Pension Of Gujarat Govt Employee
1 year, 1 month ago

'Pension Scheme Must Be Interpreted Widely' : Supreme Court Allows Central Govt Service To Be Included For Pension Of Gujarat Govt Employee

Live Law  

Recently, the Supreme Court, while granting a pension to a government employee under Gujarat Civil Services Rules, 2022, observed that a government servant earns a pension in lieu of tireless service by him/ her. As per it, the qualifying service of a Government employee includes – “services rendered under Central Government/Central Government Autonomous bodies having pension scheme, by a Government …

Indian Army Can Grant Family Pension To Ex-Serviceman's Second Wife Even If First Marriage Not Legally Dissolved: Kerala High Court
1 year, 6 months ago

Indian Army Can Grant Family Pension To Ex-Serviceman's Second Wife Even If First Marriage Not Legally Dissolved: Kerala High Court

Live Law  

The Kerala High Court recently held that there was no impediment for the Indian Army in granting family pension to the second wife of a deceased serviceman even if the first marriage was not dissolved legally, as long as the first wife was not interested in the pension. Justice Devan Ramachandran observed that the Indian Army could consider the claim …

Accounts Office Can't Overturn Pension Claim When There Is Positive Declaration By Authorities: AFT Grants Relief To Widow 24 Yrs After Pilot's Death
1 year, 6 months ago

Accounts Office Can't Overturn Pension Claim When There Is Positive Declaration By Authorities: AFT Grants Relief To Widow 24 Yrs After Pilot's Death

Live Law  

The Chandigarh Bench of Armed Forces Tribunal recently granted 'Liberalized Family Pension' to the wife of a deceased Air Force Pilot whose helicopter crashed due to the treacherous weather conditions while undertaking life saving missions in 1999 in Himachal Pradesh. A Special Family Pension was sanctioned to the Pilot's wife in 1999 but the respondents rejected her claim for Liberalised …

Armed Forces Tribunal At Srinagar Grants Family Pension To A Widow 48 Yrs After Her Husband's Retirement From Indian Army
2 years, 3 months ago

Armed Forces Tribunal At Srinagar Grants Family Pension To A Widow 48 Yrs After Her Husband's Retirement From Indian Army

Live Law  

The Srinagar bench of Armed Forces Tribunal recently granted pensionary benefits to a widow, 48 years after her husband's retirement from the Indian Army. Deciding the matter the Division bench of the tribunal observed that the respondents have erroneously rejected the claim of the applicant for the grant of ordinary family pension. While drawing this conclusion, the bench took support …

Spouses of Deceased Casual Labourers Are Also Entitled To Pension Given To Regular Employees: Delhi HC [Read Judgment]
5 years, 2 months ago

Spouses of Deceased Casual Labourers Are Also Entitled To Pension Given To Regular Employees: Delhi HC [Read Judgment]

Live Law  

Delhi High Court has held that the spouses of deceased casual workers would be entitled to the same pensional and retiral benefits as those given to regular employees. While relying on the catena of judgments of this very court and other High Courts, the Division Bench of Justice Muralidhar and Justice Talwant Singh observed that benefits shall be allowed in …

SC Relief To Widow Of ‘Schizophrenic’ Army Personnel [Read Judgment]
8 years, 1 month ago

SC Relief To Widow Of ‘Schizophrenic’ Army Personnel [Read Judgment]

Live Law  

There was no note of such disease or disability available in the service record of the appellant at the time of entering military service, the bench said.In a relief to the widow of a ‘schizophrenic’ Army personnel, the Supreme Court has ordered to pay the disability pension to her and other substituted legal heirs of Ex. There was no note …

Sangrur ex-serviceman’s widow wins court battle for dual pension
8 years, 6 months ago

Sangrur ex-serviceman’s widow wins court battle for dual pension

Hindustan Times  

The right to get pension from the civil services is an independent right and cannot be declined on the ground that the person gets pension from the army as well, the Punjab and Haryana high court has held. The court was hearing the petition of a widow from Sangrur, whose husband, Harbans Singh, had retired from the army in October …

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