Chennai: The Regional Bench of Armed Forces Tribunal, Chennai, has directed the Defence Ministry to pay pension to a mother of a soldier who went missing about 15 years ago.
In the petition S. Lakshmi, 46, of Chokkalingapuram, Virudhunagar district, said her son S. Suresh was enrolled in Indian Army (MEG Division) on October 20, 2000. In February 2003, while serving in Training Battalion-III of MEG & Centre, Bengaluru, he came home on annual leave to meet her. After completion of leave, he left home on March 1, 2003, and joined duty on the next day.
Meanwhile, her son’s friend informed her that Suresh, who went to a bazaar had not returned to the barracks. Suresh’s father filed two FIRs one at Bangalore and another at Aruppukottai.
On September, 19, 2005, Bengaluru Record Office declared that Suresh was a ‘deserter’ with effect from March 3, 2003. Again as per direction of the personnel his father filed another FIR on January 29, 2012.
Her petition seeking the defence ministry, chief of Army Staff and other authourities to pay her family pension was rejected stating that Suresh was a deserter.
She sought direction to declare him as a ‘missing person’ instead of ‘deserter’ and grant family pension and other benefits to her.
The authourities replied that Suresh was enrolled in Indian Army (MEG) on October 20, 2000, and he was attested as Trained Soldier as on January 3, 2002. On returning from annual leave, it was learnt that he came to the Regimental Centre on March 2, 2003, and kept his luggage and went away, and thereafter, he never returned.
He was declared as absent without leave and deserter with effect from
March 3, 2003. His service was terminated following due procedures.
Since her son was a deserter, his next of kin also not enttled for pensionary benefits. The petition liable to be dismissed as devoid of merit, the authorities stated.
The bench comprising the Judicial Member Justice Babu Mathew P. Joseph and Administrative Member Lt Gen K. Surendra Nath has set aside the order declaring Suresh as a deserter and his subsequent dismissal from service.
The bench directed the Army to treat Suresh as a missing person presumed to be dead and provide Lakshmi with all service benefits as entitled gratuity and family pension as admissible and any other benefits, if otherwise eligible, with effect from September 20, 2013, in accordance with Pension and other Rules/ Regulations in force.
