ACA Adityan
The applicant in this application, has filed W.P.No.19560 of 2003 before the Honourable High Court, Madras, which has subsequently been transferred to this Tribunal, after the formation of Armed Forces Tribunal, and renumbered as T.A.No.37 of 2009.
2. Affidavit to the application reads that the applicant has approached the Court for setting aside the order of the second respondent passed in his proceedings No.1437164 X/DC/94/NE-7 dated 07.12.2002, in respect of the applicants claim for family pension due to the death of her husband late Sekar erstwhile Naik of the Army No.14371764 NK, who died on 22.12.2000.
3. In the common counter filed on behalf of the respondents, the respondents would admit that the applicants late husband Sekar (14371764 NK) was enrolled in the Army on 13.5.1983 and while in service, he was gratned 10 days advance of annual leave from 4th October 2000 to 13th October 2000, which was further extended for 20 days from 14th October 2000 to 2nd November 2000. After the expiry of the said leave, according to the respondents, he failed to turn up for duty, which led to issuance of apprehension roll by 137 Medium Regiment vide their letter No.307801/Q/04/A dated 6th November 2000 addressed to Superintendent of Police, North Arcot (TN), with a copy to Artillery Records. But the applicants husband could not be apprehended. He was declared as deserter with effect from 3rd November 2000 by a Court of Inquiry held at 137 Medium Regiment and accordingly, to this effect, Part II Order 0/137 Med/023/0004/2001 was published. The respondents would further state that according to their service dossier of the deceased, he was married to one Kumari Kalaivani (applicant herein) on 7th June 1987 according to Hindu Rites and had nominated her as heir to his estate and family pension. A sum of Rs.1,934/- was paid to the applicant towards Final Settlement of Account, a sum of Rs.52,078/- was paid to the applicant towards Armed Forces Personal provident Fund, a sum of Rs.53,688/- was paid towards Army Group Insurance (Maturity Benefit). Through a letter dated 24.1.2001, the applicant had intimated the respondent that her husband Late Sekar (No.14371764 NK) expired on 22.12.2000 at his house and the applicant has also sent a copy of death certificate of her husband Late Sekar. Thereafter, the applicant had approached the respondent vide her petition dated 25th February 2001 to release family pension. A similar petition dated 14th May 2001 was received from the applicant. The Artillery Records in their letter vide No.14371764 X/FSA-1737/29/NF-7 dated 25th June 2001 have replied that the applicant is not entitled to the family pension since her husband was declared as deserter with effect from 3rd November 2000. But the fact remains that the deceased had rendered 17 years and 5 months of total service in the Army. Keeping in view of the above said fact, the family pension was regularised by the competent authority ie. Corps Commander as per Governent of India, Ministry of Defence letter No.90716/Redd/A6/PS2(b)/776/D(AG) dated 16th February 1982 and leave Rule 5, Note 2 and Rule 33(d) Note 2. The 137 Medium Regiment was asked to take action to change the status of the individual from âDeserterâ to âDiedâ vide Artillery Records letter NO.14371764X/DC/109/NE-7 dated 9th May 2003 on receipt of Army Headquarters PS-4(PGC) Service Note No.B/41004/PF/AG/PS-4 (PC) dated 10th March 2003, received under Arty-7C dated 31st May 2003. In accordance with the instructions given, the 137, Medium Regiment vide their letter No.303101/CE/SK/A dated 18th June 2003 has submitted a statement of case in 401(I) Arty Bde for obtaining recommendations of Commander and onward submission to higher authority to accord sanction of corps Commander to regularize the desertion period. In case the sanction is accorded for regularization of OSI period and change of status of individual from âDeserterâ to âDeadâ, family pension claim of the applicant can be submitted to PCDA (P) Allahabad, which is the pension sanctioning authority. So, the application itself is premature and liable to be dismissed.
4. The respondents have filed an additional written statement dated 13.11.2009 before this Tribunal stating that the following terminal benefits have been paid to the applicant including ordinary family pension_
a)Final Settlement of Accounts Rs.1,934/-
b)Armed Forces Personnel Provident Fund Rs.52,078/-
c)Death Link Insurance Rs.33,590/-
d)Army Group Insurance Fund (Insurance) Rs.3,97,502/-
e)Army Group Insurance Fund (Maturity) Rs.53,688/-
f)Death cum Retirement Gratuity Rs.1,16,733/-
g)Ordinary Family Pension Rs.1,840/-
With effect from 23rd December 2000 to 22nd December 2007
and Rs.1,275/- with effect from 23rd December 2007 to till
widowhood vide PPO No.F/NA/010266/07 dated 11th July 2007.
Along with the said additional written statement, a copy of the PPO of the deceased /husband of the applicant viz. Late Sekar is also enclosed.
5. When the matter was taken up for final hearing today, we heard the learned JAG Officer Lt Col Sandeep Kumar. As correctly said by the learned JAG Officer, this application has now become infructuous since the reliefs asked for in the application have already been complied with by the respondents as seen from the additional written statement filed by the respondents and from the PPO of Sekar (late husband of the applicant) â Annexure âI and also from Annexure-II, letter from Topkhana Abhilekh, Artillery Records, C/o. 56 APO dated 8th August 2007 to HQ ATNK and K Area (Legal Cell), Island Grounds, Chennai (TN). So, practically nothing survives in this application as on date.
6. In fine, the application is disposed of as nothing survives. Enclosures I and II shall form part of the order. No costs.