Hemant Gupta, J. - (1.) THE challenge in the present writ petition is to an order passed by the Armed Forces, Tribunal, Chandigarh Regional Bench at Chandimandir (for short 'the Tribunal') on 04.12.2012, whereby, claim of the petitioner for special family pension on account of death of her husband Lt. Col. S.S. Mavi while availing joining time remained unsuccessful. The learned Tribunal declined the claim of the petitioner for special family pension for the reason that deceased was not on active Army service at the time of his death therefore, not entitled to special family pension.
(2.) THE question whether a personnel of the Army service on leave are entitled to disability pension has been examined by this Division Bench in CWP No. 17792 of 2013 titled as Barkat Masih vs. Union of India and others decided on 23.5.2014 It has been held that Army personnel are entitled to disability pension, even if, they are availing casual leave. It was concluded as under: - In view of the judgment of Hon'ble Supreme Court in Madan Singh Shekhawat's case (supra), Balbir Singh's case (supra) and that of Full Bench judgment of this Court in Khusbhash Singh's case (supra), we find that the injuries suffered by the petitioner when on casual leave entitles the petitioner for a disability pension as the injury would be deemed to have been attributed to military service. Consequently, the writ petition is allowed. In view of the said fact, the petitioner would be entitled to special family pension on account of death of her husband when he was availing joining time. It may be noticed that the personnel of the Armed Forces are entitled to disability pension in case of injury during service, whereas, special family pension is granted in the case of death of personnel during active service.
(3.) THUS , the present writ petition is allowed in terms of judgment of this Division Bench in CWP No. 17792 of 2013 titled as Barkat Masih vs. Union of India and others.;