Dear Sir,
My Father was a colonel in army and was invalided out in 1991 due injuries he had suffered in SRI Lanka and was paraplegia with 100% disability, he expired in 1998 due to parapegia as cause of death as given by Army Hospital authorities. we after a long legal battle have been able to get special family pension for my mother, but now when i was reading pension rules on CDA site found that my mother should have got Liberalised Family Pension but my lawyer says " This is applicable to those who died after promulgation of the new pension regulations." please let me know the exact picture.
SECTION – 4 : Liberalised Family Pensionary Awards
EXTENT OF APPLICATION
132. (a) In case of death of Service personnel under the circumstances mentioned in
category ‘D’ & ‘E’ of Regulation 82 of these Regulations, the eligible member of the
family shall be entitled to the liberalised family pension as enumerated in this Section.
(b) If Service personnel, having sustained an injury in war or war like operations mentioned above, is invalided out of service with war injury pension and subsequently dies as a result of the same injury he shall be deemed to have been killed in action for grant of liberalised family pensionary awards .
(c) All other conditions governing the grant of special family pension shall also apply.
My Father was injured in IPKF operation and was invalided out of service and was recieving WIP and he subsequently died due to paraplegia which was the main cause of death and invalided out from the service.
if somebody could please let me know if i should file a case for liberalised family pension and what should be the content.
Regards
