Central Administrative Tribunal - Mumbai
Ashwini Sudhir Kamble vs M/O Defence on 28 January, 2026
1 OA No. 850/2025
Central Administrative Tribunal
Mumbai Bench: Mumbai
OA No.850/2025
This the 28th day of January, 2026
Hon'ble Mr. Justice M.G. Sewlikar, Member (J)
Smt. Ashwini Sudhir Kamble
Aged about 33 years
W/o Late Shri Sudhir Ganpat Kamble
R/a Flat No. 203, Hissa No. 1-4 Dighi Road,
Near Jaydeep Park, Opp. Rd Sant Tukaram Nagar,
Bhosari Gaon, Pune 4110039.
-Applicant
(By Advocate Mr. P.J. Prasad Rao)
Versus
1. Union of India,
Through the Secretary,
Ministry of Defence,
South Block,
New Delhi- 110011.
2. The Provost Marshal
Provost Marshal Directorate
Adjutant General Branch
Integrated HQ of Ministry of Defence (Army)
Defence Office Complex
'A' Block, 4th Floor, K.G Marg
New Delhi- 110 001
3. The Commandant
Southern Command
Provost Unit
Pin- 900 449 C/o 56 APO
Nicky
Digitally signed by Nicky Kumari
DN: C=IN, O=Personal, OID.2.5.4.65=
5701472963214eacaf7214eb1c705990, Phone=
319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b4052
4. The CMP Records
PIN- 900493 C/o 56 APO
97e23829af5a475, PostalCode=823002, S=Bihar,
SERIALNUMBER=
78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc6
Kumari
6bbdd397444faa, CN=Nicky Kumari
Reason: I am the author of this document
Location:
Date: 2026.02.12 11:41:37+05'30'
Foxit PDF Reader Version: 2024.3.0
2 OA No. 850/2025
5. The Principal Controller of Defence Accounts (Army)
No.01. Finance Road, Pune- 411 001.
6. The Principal Controller of
Defence Accounts (Pensions)
Prayagraj, Draupati Ghat,
Prayagraj, 211014.
- Respondents
(By Advocate Mr. N.K. Rajpurohit)
ORAL ORDER
Per: Justice M.G. Sewlikar, Member (J)
This is an application under Section 19 of the Administrative Tribunals Act, for grant of family pension to the applicant.
2. The case of the applicant in short is that one Shri Sudhir Ganpat Kamble was employed with the respondents as Equipment Boot Repairer who died in harness on 01st January, 2018. The contention of the applicant is that she got married with the deceased employee on 08th May, 2016.
The applicant and the mother of the deceased employee both claimed family pension. The respondents asked the applicant to obtain heirship certificate. Accordingly, the applicant applied for the heirship certificate by filing Civil Digitally signed by Nicky Kumari Nicky DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b4052 Miscellaneous Application No. 475/2018 in the Court of 97e23829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc6 Kumari 6bbdd397444faa, CN=Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.02.12 11:41:37+05'30' Foxit PDF Reader Version: 2024.3.0 3 OA No. 850/2025 Civil Judge Senior Division Pune on 06th April, 2018. She contends that the Civil Court declared the applicant and her son born from the deceased employee to be the legal heirs. The Civil Court also declared that the mother was a legal heir. The mother of the deceased employee preferred an appeal R.C.P. No.4/2023. Thereafter, mother passed away on 20th September, 2024. The applicant contends that now, she is the only legal heir and, therefore, she is entitled to family pension.
3. The respondents filed their reply. The respondents do not dispute that the Civil Court had declared the applicant and her son, Aditya and mother, Smt. Vatsala Bai Ganpat Kamble to be the legal heirs. They contend that the brother of the deceased has also filed application for getting family pension. They further contend that the Civil Court declared the applicant to be the legal heir but heirship certificate is not issued yet because the applicant has not furnished the amount for which the applicant is claiming heirship certificate. As per the judgment of the Civil Court, it is clear that the heirship certificate will be issued only after the Digitally signed by Nicky Kumari Nicky DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b4052 amount is provided.
97e23829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc6 Kumari 6bbdd397444faa, CN=Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.02.12 11:41:37+05'30' Foxit PDF Reader Version: 2024.3.0 4 OA No. 850/2025
4. I have heard learned counsel for the applicant and learned counsel for the respondents.
5. The only point of dispute is whether the applicant is the legally wedded wife of the deceased employee. The respondents do not dispute that the Civil Court has declared the applicant to be the legal heir of the deceased employee. From the judgment of the Civil Court, it is clear that the mother was also declared to be the legal heir of the deceased employee. There is nothing on record to show that there is any decision of the Civil Court on the application made by the brother of the deceased. Therefore, as per the judgment of the Civil Court in Miscellaneous Application No. 475/2018, it is clear that the applicant and the deceased Vatsala Bai Ganpat Kamble, the mother of the deceased are the only legal heirs. Therefore, the applicant is entitled to the pensionary benefits of the deceased employee.
6. Learned counsel for the respondents submitted that unless the applicant complies with the order of the Civil Nicky Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b4052 97e23829af5a475, PostalCode=823002, S=Bihar, Court, the Civil Court will not issue the heirship certificate. SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc6 Kumari 6bbdd397444faa, CN=Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.02.12 11:41:37+05'30' Foxit PDF Reader Version: 2024.3.0 5 OA No. 850/2025 However, the fact remains that the Civil Court has declared the applicant to be the legal heir and, therefore, the applicant is entitled to family pension. The respondents have raised this technical objection. It is true that there is nothing on record to show that the applicant has complied with the order of the Civil Court but that does not wipe out the fact that the applicant is held to be the legal heir of the deceased employee.
7. Learned counsel for the respondents submitted that this Tribunal may not grant interest.
8. Learned counsel for the applicant also does not claim interest on the pensionary benefits but only requests that the pensionary benefits shall be released as early as possible.
9. In this view of the matter, I find that the applicant is entitled to family pension. Hence, the order:-
(i) Original Application is allowed with no order as to costs.
(ii) The respondents are directed to grant family pension Digitally signed by Nicky Kumari Nicky DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b4052 to the applicant.
97e23829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc6 Kumari 6bbdd397444faa, CN=Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.02.12 11:41:37+05'30' Foxit PDF Reader Version: 2024.3.0 6 OA No. 850/2025
(iii) This exercise shall be done within a period of four months from the date of receipt of a certified copy of this order.
(iv) Pending MAs, if any, stand closed.
(Justice M.G.Sewlikar) Member (J) 'nk' Digitally signed by Nicky Kumari Nicky DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b4052 97e23829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc6 Kumari 6bbdd397444faa, CN=Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.02.12 11:41:37+05'30' Foxit PDF Reader Version: 2024.3.0