UNION OF INDIA & ORS. vs BINDU CHADHA

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9135/2025, CM APPLs. 38805/2025 & 38806/2025 UNION OF INDIA & ORS. .....Petitioners Through: Ms. Avshreya Pratap Singh Rudy, Sr. PC with Ms. Usha Jamnal, Ms. Harshita Chaturvedi, Advs. for UOI with Major Anish Muralidhar (ARMY) versus BINDU CHADHA .....Respondent Through: Mr. Chaitanya Agarwal, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 29.07.2025 C. HARI SHANKAR, J. 1. The respondent is the widow of late Major Sanjeev Chadha. 2. Major Sanjeev Chadha joined the Indian Army on 11 June 1998 and, while he was on leave during his posting at HQ (Technical Group), EME, New Delhi suffered an Intra Cerebral Haemorrhage1 resulting in his death. The respondent, as his widow, claimed Special Family Pension in terms of Regulation 105 of the Army Pension Regulations, 2008. Her request being rejected, she knocked at the doors of the Armed Forces Tribunal2 by way of OA 2661/20223. 1 “ICH”, hereinafter 2 “the Tribunal”, hereinafter 3 Bindu Chadha v UOI Signature Not Verified WP(C) 9135/2025 Digitally Signed By:AJIT Page 1 of 6 KUMAR Signing Date:30.07.2025 17:57:01 3. The respondent’s OA has been allowed by the Tribunal by order dated 3 November 2023. The Union of India has approached this Court against the said decision by means of the present writ petition. 4. We have heard Ms. Avshreya Pratap Singh Rudy, learned Senior Panel Counsel for the petitioners and Mr. Chaitanya Agarwal, learned Counsel for the respondent. 5. The provision which deals with payability of Special Family Pension is Regulation 105 of the Army Pension Regulations 2008, which reads thus : “105. (a) Special family pension may be granted to the family of Service personnel if his death occurred in the