New Delhi: In a major relief to widows of
Army officers and jawans, the Armed Forces Tribunal has issued
an order that they would be entitled to family pension even
Presently, only the widows who had remarried after the
implementation of the Sixth pay commission on January 1, 2006
are eligible for the pension though the same is not applicable
in case of special and liberalised family pension.
Terming the present cut-off date condition as
"discriminatory and arbitrary", Tribunal chairman Justice A K
Mathur said, "We do not see any rationale where if a person
had died after January 1, 2006, his widow will get pension
whereas if a personnel had died prior to that date, his widow
is ineligible for the pension."
The verdict was passed by the Tribunal in three cases
filed by widows of service personnel whose pensions were
stopped after their remarriage. The applicants are Savita
Devi, Meenakshi Devi and Maya Devi.
Observing that such condition should not have been
imposed, the Tribunal said, "We set aside the order of making
discrimination on the basis of cut off date since pension is a
welfare measure and for welfare measure there should be no
discrimination ...on the basis of artificial cut off dates."
"Arrears of all the three applicants may be worked out
and paid to them with 12 per cent rate of interest as far as
possible within the period of three months," it added.