[2025:RJ-JP:28099-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 8444/2025 Major Nisha Kulhari, Widow Of Late Major Surendra Badsara, Sm,4 Corps Zone Workshop, Eme, C/o -99 Apo. ----Petitioner Versus 1. Union Of India, Through The Secretary, Ministry Of Defense, South Block, Govt. Of India, New-Delhi-110 011 2. Chief Of The Army Staff, IHQ Of Mod (Army), South Block New Delhi- 110 011 3. The Addl Dte Gen Of Manpower (Policy And Planning)/mp5 (B) Ags Branch Ihq Of Mod, (Army)West Block-III Rk Puram, New Delhi- 110066 4. The PCDA (P), Prayagraj (Up) 211014 5. Smt. Sohani Devi, M/o IC-63097L, Late Major Surendra Badsara, SM, Resident Of Village And Post - Kudan, Tehsil - Dhod, District- Sikar (Raj) ----Respondents For Petitioner(s) : Mr. Vipin Sharma, Adv. Through VC Mr. Amit Kumar Dhawan, Adv. For Respondent(s) : Ms. Manjeet Kaur, Adv. HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI Order 25/07/2025 1. The present writ petition has been preferred against the order dated 25.04.2025 passed by learned Armed Forces Tribunal. 2. The widow of Late Major Surendra Badsara who died on 21.06.2012 as a battle casuality is before us assailing the order dated 25.04.2025, whereby 30 per cent of the liberalized family pension has been directed to be relased in favour of the mother of [2025:RJ-JP:28099-DB] (2 of 3) [CW-8444/2025] the deceased officer, while 70 per cent has been directed to be continued to paid to the writ petitioner who is now Colonel in the Indian Army. It seems that the petitioner is not having good relations with her mother-in-law and she does not want her to receive any amount or share of the liberalized family pension which she is receiving in addition to her own salary, which she does not want to share with the mother of her husband. 3. Learned counsel submits that the terms of Regulation 133-A of the Pension Regulations for the Army Part-I, 2008 has to be strictly construed and as the petitioner was the sole nominee, she is entitled to the liberalized family pension as per Paras 216 and 218 of Pension Regulations. Learned counsel also submits that the concerned paras laid down the eligibility for grant of family pension and the widow lawfully married who gets reimbursed of receiving the family pension. Learned counsel further submits that as per Para 218(b) of the Pension has to be granted to the living who stands highest in the list for Para 216 and who is eligible under Regulation 219, on the date on which the pension sanctioning authority decides that the claim of pension is admissible. 4. In view thereto, he submits that the order passed by the learned Single Judge is erroneous and Armed Forces Tribunal has erred in dividing in 70:30 ratio, the liberalized family pension between the wife and mother of deceased officer. 5. We have considered the contentions. 6. We notice that Regulation 133-A provides for revision of liberalized family pension amongst both the widow and the parents. In the present case, we find that while the petitioner is a [2025:RJ-JP:28099-DB] (3 of 3) [CW-8444/2025] serving Army Officer, receiving handsome salary from the Armed Forces, the Mother of deceased is not in service nor she has another means to receive any financial aid. If the son had been alive, he would be have been able to take care not only of his wife but also of his mother. Even if the mother of deceased officer has a husband who is receiving the pension that cannot be said to be sufficient as all parents look to their children for taking care of them when they are on the other side of the life and enable them to make their both hand meet. The order passed by the Armed Forces Tribunal, therefore, is found to have not only taken into consideration the provisions of Pension Regulations but also on the anvil of societal laws. The same deserves to be upheld and we accordingly do so. No case is made out for interference. 7. Accordingly, the present Civil Writ Petition is dismissed. 8. All pending application(s), if any, stands disposed of. (CHANDRA PRAKASH SHRIMALI),J (SANJEEV PRAKASH SHARMA),J HEENA/MAHIMA/41