Armed Forces Tribunal comes to rescue of widow of Sopore, Anantnag hero

LUCKNOW: Questioning the "shabby and mechanical manner" of treating the family of a brave personnel of the Indian Army, the Lucknow regional bench of the Armed Forces Tribunal directed the respondents (Union of India, Chief of Army Staff, CO 18 RR battalion and PCDA(P) Allahabad) to pay special family pension and ex-gratia to the family of late Major Arvind Tomar within four months.
Setting aside order no.8(5)/99/D dated May 12, 2000, a bench of Justice DP Singh and Air Marshal Anil Chopra, observed, "We direct the respondents to pay special family pension and ex-gratia amount expeditiously, and in any case not beyond four months along with an interest rate of 10% per annum. Interest shall be payable from January 1, 1997."
"We further mention that it would be open for the respondents to recover the cost from the salary of officers responsible for denying payment of special family pension and ex-gratia amount contrary to the opinion expressed by the Court of Inquiry," said the bench.
Pulling up the respondents, the bench said that if a matter relates to a person who served the nation with outstanding courage and performance and found place in the calendar of an Army unit, then there should not be casual approach while deciding an issue.
"The authorities concern seem to proceed mechanically without applying mind in depth resulting into mental pain and agony to the applicant – widow (Poonam Thakur). The applicant’s husband had succumbed to accidental injuries in 1996 and since then, the applicant is traveling from pillar to post for payment of special family pension and ex-gratia amount, and suffered mental pain and agony," the bench said.
The bench also cited the golden jubilee calendar of the 18 Guards held in 2012. The calendar published by the Army mentions the name of Captain Arvind Tomar (as he was then), while serving in the Operation Rakshak.
The calendar reads, "For the first time in the history of Indian Army, Infantry Combat Vehicles (ICVs) entered the fray of counter insurgency operations in 1993. Militants had declared Sopore town in district Baramulla a "Liberated Zone." On October 26, 1993, one platoon of ICVs under Captain Arvind Tomar assisted in construction of BSF posts at the Sopore Bus Stand. Captain Arvind Tomar gave the militants the first taste of accurate 30 mm cannon fire, which shook the very foundation of terrorism. Thus, eighteen gained the singular distinction of fielding a Mechanised Company in a Mounted Role in the valley for the first time. Consequently the company was moved to Anantnag town, another strong hold of militants. The company moved 195 kilometres on tracks to its new development area and had the unique distinction of escorting ‘Holy Chhari Mubarak’ in Aug 1994.”
On March 4, 1996 late Major Arvind Tomar proceeded for leave and on March 5, 1996, he arrived Kichha (Uddham Singh Nagar in Uttarakhand) to pick up his wife and children. On March 6, the applicant’s husband (Major Arvind Tomar) proceeded to Meerut, the recorded place of residence, to join his parents. While moving from Kichha to Meerut along with his wife and children, the applicant’s husband met with an accident in Moradabad and succumbed to injuries.
The court of inquiry in its report dated May 1, 1996 held that the accident in which applicant’s husband (Major Arvind Tomar) died was attributable to military service. In spite of opinion expressed by court of inquiry, the respondents denied payment of special family pension and ex-gratia amount, hence an appeal was filed, which was rejected by the competent authority on May 12, 2000.