Ex. Gratia Amount to Soldier died on duty : Armed Forces Tribunal
Ex. Gratia Amount to Soldier Died on Duty
Ex gratia amount to soldier died on duty provides immediate financial relief to bereaved families recognizing supreme sacrifice for nation.
Armed Forces Tribunal on Ex Gratia and Special Family Pension
Armed Forces Tribunal protects service families by enforcing pensionary rights when authorities illegally deny ex gratia or special family pension.
The Tribunal examines service records, court of inquiry findings, and pension regulations to ensure lawful entitlement determinations.
Case of Smt. Mamata Sharma Versus Union of India
The widow approached Tribunal after authorities rejected ex gratia and special family pension despite attributability of death to service.
The deceased soldier served in Army Medical Corps and died in motorcycle accident while performing official duties.
Tribunal Findings and Legal Reasoning
The Court of Inquiry categorically held death attributable to military service and recommended full pensionary and pecuniary benefits.
The Tribunal ruled PCDA(P) exceeded authority by granting ordinary family pension contrary to competent authority directions.
The Tribunal rejected objections regarding helmet and driving experience as insufficient to deny statutory benefits.
Regulations eighty two, eighty four, and one hundred five governed entitlement for special family pension in accidental duty deaths.
Regulation one hundred forty one mandated five lakh rupees ex gratia for deaths occurring during official duty accidents.
The Tribunal emphasized humane treatment of soldiers’ families and condemned bureaucratic denial of lawful benefits.
The Tribunal quashed illegal correspondence and directed issuance of fresh PPO for special family pension.
Authorities were directed to release ex gratia amount with interest for delayed payment.
This judgment reinforces legal rights of soldiers’ families against arbitrary pension denial.
Frequently Asked Questions
What is ex gratia amount for soldiers dying on duty?
Ex gratia is lump sum compensation granted to families of soldiers dying during official duty performance.
Who decides ex gratia entitlement for soldiers?
Competent military authority decides entitlement, while PCDA(P) processes payment strictly following approved directions.
Can PCDA(P) deny ex gratia independently?
PCDA(P) cannot deny ex gratia or pension against orders of competent authority.
What is special family pension?
Special family pension compensates families when soldier’s death is attributable to or aggravated by military service.
Does accident death qualify for special family pension?
Accidental deaths during duty qualify when Court of Inquiry attributes death to military service.
Can helmet violation deny pension benefits?
Minor procedural lapses cannot defeat statutory pension rights without proof of serious negligence.
What regulations govern special family pension?
Pension Regulations Army Part One two thousand eight govern special family pension entitlement.
Is ex gratia payable with interest?
Courts may award interest when authorities delay lawful ex gratia payment.
Can widow approach Armed Forces Tribunal?
Widow can approach Tribunal for enforcement of pensionary and ex gratia rights.
What is role of Court of Inquiry?
Court of Inquiry determines causality and attributability of death to military service.
Can ordinary family pension replace special family pension?
Authorities cannot substitute ordinary pension when special family pension entitlement exists.
What is time limit for payment after order?
Tribunal generally directs payment within specified months from receipt of certified order.
Can Tribunal quash illegal letters?
Tribunal can quash administrative communications exceeding authority or violating regulations.
Why ex gratia payment matters?
Ex gratia provides immediate financial support to families facing sudden loss.
Does this judgment help other families?
This judgment strengthens precedents protecting families of soldiers nationwide.
Various Bench of AFTs have directed to MoD number of time to grant disability pension for diabetes also, however, still MoD is contesting the case in Supreme Court.
If someone is facing any problem related to Armed Forces Tribunal or pension matter they can contact to our legal expert in military matters.
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