PRELIMINARY OBJECTION

The petitioner is a widow of deceased NE(E) Ramesh Chand

Bhati. The Armed Forces Tribunal has the jurisdiction in
the subject matter and the same is specialized Tribunal in
the matter. The Honble High Court has no jurisdiction in
the subject matter. So, the instant writ is not maintainable
and liable to be quashed and set aside on this count alone.

BRIEF FACTS OF THE CASE

1. That husband of the petitioner, 812265 Late NC(E) Ramesh

Chand Bhati Lascar was enrolled in IAF on 15.05.1986. The
aforementioned individual expired on 29.04.2015 due to
cardiac arrest while on the posted strength of 31 Sqn, AF.
Mathura Das Mathur Hospital, Jodhpur on 29.04.2015.

2. That as per the service records of the individual held at this

office, the details of family of the NC(E) are appended
below:-

Name Relation DOB POR/Dependent Por

Kamla Bhati Wife 29.07.1971 Marriage before enrolment

Anita Bhati Daughter 15.10.1986 15Sqn/44/88

Praveen Bhati Son 20.10.1989 855SU/07/90

Mohit Bhati Son 24.12.1997 855SU/108/93

Roopa Ram Father - 855SU/08/93

Bhowri Devi Mother - 855SU/08/93

Smt. Kamla (wife) is recorded as the Next of Kin.

3. That unit Copy Sheet Roll in original, Death certificate in

three copies and NE POR SI No.X/2/15 was forwarded to
Air HQ (DAV) vide 31S/44/2/P1 dated 26.05.2015. Last Pay
Drawn Certificate in respect of the NC(E) was forwarded to
AFRO (Family Pension) vide 31S/44/2/P1 dated 16.07.2015
 by the unit where the deceased was held at posted strength.
No foul play certificate was forwarded to AFGIS vide
31S/44/2/P1 dated 06.08.2015. Wife of NC(E) granted an
amount of Rs.22,800.00 vide IAFBA cheque No.89759 dated
11.05.2015 towards financial assistance for the months of
April 15 to September, 15.

4. That cheque bearing No.20362 dated 20.08.2015 for

Rs.1364840.00 drawn in favour of Smt. Kamla Bhati A/C
No.34954488160 was forwarded by AFGIS (towards death
claim under AFGIS) to Manager, SBI, Jodhpur.

5. That the petitioner has applied for employment assistance

under compassionate grounds to Air HQ (DAV) and
accordingly DAV forwarded a blank application form for
employment assistance to the petitioner and advised her to
fill up the application form as per check list only after
finalization of family pension and other terminal benefits.
The petitioner has forwarded a written request dated
16.11.2015 (without application form forwarded by DAV).
Accordingly wife of NC (E) was advised to forward filled
application form as per check list forwarded by DAV after
finalization of family pension and other terminal benefits
vide 31S/44/2/P1 dated 07.12.2015.

6. That the first appeal preferred by the applicant has been

submitted to Dy. DGAFMS (Pension), the case file shall be
referred to Dy IFA followed by Director (DAV) and final
approval by Chairman on finalization of the case. The
decision will be communicated to the individual.

7. That the competent authority has considered the cause of

death of individual as neither attributable to nor aggravated
by Military Service. Therefore, the claim for Special Family
Pension was rejected and Ordinary Family Pension (OFP)
and Death Cum Retirement Gratuity was sanctioned to Smt.
Kamla (wife) vide Pension Payment Order (PPO) No.
08/14/B/P/0134@2017. However, the petitoner is entitled
 to prefer two appeals against rejection of Special Family
Pension. Accordingly, Smt. Kamla had preferred an appeal
against rejection of Special Family Pension (SFP) vide her
application dated 15.01.2016. Therefore, 1st appeal filed by
the petitoner is under consideration at appropriate level.

8. That the petitioner being aggrieved has filed an SB Civil Writ

No.2040/2017 before Honble High Court of Rajasthan at
Jodhpur praying for grant of Special Family Pension and
employment of son.

PARAWISE REPLY TO THE WRIT PETITION

1. That the averments contained in Para No. 1 of the writ

petition requires no comments from the answering
respondents.

2. That the averments contained in Para No. 2 of the writ

petition is not disputed to the extent that Late Ramesh
chand Bhati (S.No. 818265-H) was enrolled in IAF on
15.05.1989 and expired on 29.04.2015 due to cardiac
arrest. It is pertinent to mention here that the deceased was
doing trade duties of the department and he was residing
along with his family since 22.11.2012 respectively.

3. That the averments contained in para No. 3 of the writ

petition is disputed as alleged by the petitioner. It is
respectfully submitted that the deceased was under gone for
treatment in low medical category for Epicardial Coronaries
(NYHA-1). It is pertinent to mention here that the deceased
was treated on number of occasions and in the month of
December 2014 he suffered from heart attack and was
admitted to the Mahatma Gandhi Hospital at Jodhpur
whereby he was discharged after being cured.

4. That the averments contained in para No. 4 of the writ

petition is not admitted as alleged by the petitioner. It is
respectfully submitted that on 29.04.2015 the deceased
 took leave from the unit of the answering respondent and
went home, The condition of the deceased got deteriorated
and he was declared at 6:00 P.M. due to heart attack. It is
pertinent to mention here that the deceased died due to
heart attack and this reason of death is neither attributable
to nor aggravated by military service.

4.1 That the averments contained in para No. 4.1 of the writ
petition is not admitted as alleged by the petitioner. It is
respectfully submitted that official authority of the unit
has collected all the medical papers of the deceased
which were issued by the MDM Hospital for further
action. That the deceased was died on 29.04.2015 due to
heart attack and the petitioner was granted pending
enquiry award (PEA) @ 8,799/- with effect from
30.04.2015 till finalisation of ordinary family pension. It
is pertinent to mention here that the petitioner has
applied for grant of special family pension and
appointment of deceased son on compassionate grounds
but the petitioner is not entitled for grant of special family
pension because the reason of death of the deceased is
neither attributable to service nor aggravated by military
service.

5. That the averments contained in para No. 5 of the writ

petition is not admitted as alleged by the petitioner. It is
respectfully submitted that an amount of Rs. 22,800/-
vide IAFBA cheque no. 89759 dated 11.05.2015 towards
financial assistance for the months of April 2015 to
September 2015.

6. That the averments contained in para No. 6 of the writ

petition is not admitted as alleged by the petitioner. It is
respectfully submitted that the petitioner of Late Ramesh
Chandra Bhati applied for employment assistance under
compassionate grounds to AIR HQ (DAV) and accordingly
DAV forwarded a blank application form for employment
 assistance to the petitioner. DAV advised the petitioner to
fill up the application form as per check list only after
finalisation of family pension and other terminal benefits.
Thereafter, the petitioner has forwarded a return request
dated 16.11.2015 without the application form which was
forwarded by DAV. It is pertinent to mention here that
the petitioner was further advised to forward filled
application form as per check list forwarded by DAV after
finalization of family pension and other terminal benefits
vide 31s/44/2/P1 dated 07 Dec 2015.

7. That the averments contained in para No.7 of the writ

petition is not admitted as alleged by the petitioner. It is
respectfully submitted that the petitioner has applied for
special family pension and the petitioner was informed
vide letter dated 29.12.2015 that the competent authority
has considered the cause of death of her husband which
is neither attributable to nor aggravated by Air Force
Service. It is pertinent to mention here that the petitioner
is not entitled for the special family pension in terms of
regulation 189 of the Pension Regulations for the Air
Force, 1961 (Part-1). Therefore, the claim of the petitioner
with regard to special family pension was rightly rejected
because the death of the petitioners husband was not
attributable to military services.

8. That the averments contained in para No.8 of the writ

petition is not admitted as alleged by the petitioner. It is
respectfully submitted that the petitioner was informed
vide letter Air HQ/99801/7380/15/DAV (MED) dated
29.12.2015 that her claim was rejected with detailed
reasons. Therefore, it is denied that no detailed paper was
made available to the petitioner with regard to the
rejection of her claim. Furthermore, petitioner was also
informed with the procedure for filing an appeal against
the rejection of her claim of special family pension.
 9. That the averments contained in para No.9 of the writ
petition is not admitted as alleged by the petitioner. It is
respectfully submitted that the petitioner was died on
29.04.2015 due to cardiac arrest. It is denied that the
medical authority has not said anything regarding
attributability to or aggravation of the disease to military
service. It is pertinent to mention here that as per column
no.11 of medical certificate of attributability, the
commanding officer has considered the cause of death of
Late Sh. Ramesh Chand Bhati is neither attributable to
nor aggravated by military service and the same reason
was mentioned in the concerned column. Furthermore, it
would not be out of place to mention here that as per
Rule 1 (A) of the entitlement rules for causality
pensionary awards to the Arm Forces Personnel, 2008,
wherein it is specified that the subject rule superseded
the earlier issued entitlement rules for casualty
pensionary awards to the Armed Forces Personal, 1982
and as per Rule 6 of the Entitlements Rules for casualty
pensionary awards to the Armed Force Personnel,2008
also states that for award of disability pension/special
family pension, a causal connection between disability or
death and military service has to be established by
appropriate authority. Hence, in the instant case, the
competent authority as considered the cause of death of
the petitioners husband.

10. That the averments contained in para No.10 of the writ

petition is not admitted as alleged by the petitioner. It is
respectfully submitted that the competent authority has
considered the cause of death of individual as neither
attributable to nor aggravated by Military Service as per
the charter of duties dated 25.05.2015. The same has
been approved by the approving authority. Therefore, the
claim for Special Family Pension was rejected and
Ordinary Family Pension (OFP) and Death Cum
Retirement Gratuity was sanctioned to the petitoner vide
 Pension Payment Order (PPO) No.
08/14/B/P/0134@2017. However, the petitioner is
entitled to prefer two appeals against rejection of Special
Family Pension. Accordingly, the petitioner had preferred
and appeal against rejection of Special Family Pension
(SFP) vide her application dated 15.06.2016. Her 1st
appeal is under consideration at appropriate level.

11. That the averments contained in para No.11 of the writ

petition is not admitted as alleged by the petitioner. As
per the Regulation 189 of the Pension Regulation, 1961,
emphasis on the primary conditions governing the death
to either attributable to or aggravate by Air Force service.
However, Late Sh. Ramesh Chand Bhati expired due to
cardiac arrest while on posted strength of 31 Sqn. AF.
The competent authority has considered the cause of
death of individual as neither attributable to nor
aggravated by military service. Therefore, claim of the
petitioner for special family pension was rejected and
ordinary family pension (OFP) was sanctioned to the
petitioner vide pension payment order (PPO) No.
08/14/F/P/0134/2017.

12 & 13. Wife of NC (E) applied for employment assistance

under compassionate grounds to Air HQ (DAV) and
accordingly DAV forwarded a blank application form for
employment assistance to wife of NC (E) and advised to
fill up the application form as per check list only after
finalization of family pension and other terminal benefits.
Wife of NC (E) forwarded a written request dated
16.11.2015 (without application form forwarded by DAV).
Accordingly wife of NC (E) was advised to forward filled
application form as per check list forwarded by DAV after
finalization of family pension and other terminal benefits
vide 31S/44/2/P1 dated 07.12.2015.
However, Smt. Kamla is entitled to prefer two appeals
against rejection of special family pension. Accordingly,
 Smt. Kamla had preferred an appeal against rejection of
Special Family pension (SFP) vide her application dated
15.06.2016. Her first appeal is under consideration at
appropriate level.

12. K

13. Kl