DATED:

To,

Subject: Grant of Special Family Pension

in respect of 03484T Late Commander

Amitabha Nandi.

Respected Sir,

I, Indrani Nandi, wife of 03484T Late Commander Amitabha Nandi, have a

humble submission of certain facts and information regarding my appeal for

the grant of Special Family Pension in respect of my late husband 03484T

Late Commander Amitabha Nandi.

Presently, I am a recipient of Ordinary Family Pension but certain facts and

information inter-alia, infers that I am eligible for the grant of Special Family

Pension. These facts, rules and information are mentioned below:

1. My Husband joined the Indian Naval Forces on 01 July 1989 as a

Permanent Commissioned Officer in the Indian Navy, and served in the

Forces till his death in 2017. The reasons of his death was due to Advanced

Gastric Carcinoma Coronary Artery Disease with Severe Left Ventricular

Dysfunction Type II Diabetes Mellitus with Microvascular Complication ICD.

2. At the time of his death, he was posted to INS Angre and while on duty

was admitted to INHS Ashwini on 03 April 2017. He has severed over 27

years in the service.

3. As per, Know Your Entitlements (A Ready Reckoner on Pensionary

Matters) Third Edition – 01 April 2018, as published by Integrated

Headquaters, MoD (Navy), Directorate of Pay and Allowances (hereinafter

referred as the Pension Handbook) Chapter V – Entitlement Rules in 5.4 as

reproduced says:

5.4. Medical Test at Entry Stage.

The medical test at the time of entry is not exhaustive, but its scope is

limited to broad physical examination. Therefore, it may not detect

some dormant disease. Besides certain hereditary constitutional and

congenital diseases may manifest later in life, irrespective of service

conditions. The mere fact that a disease has manifested during military

service does not per se establish Attributability to or Aggravation by

military service.

And in 5.5 as reproduced says:

5.5. Causal Connection.

For award of disability pension/Special Family Pension, a

causal connection between disability or death and military

service has to be established by appropriate authorities.

Further in 5.6 as reproduced says:

 5.6 Onus of Proof.

Ordinarily the claimant will not be called upon to prove the

condition of entitlement. However, where the claim is preferred

after 15 years of discharge/retirement/ invalidment/ release by

which time the service documents of the claimant are destroyed

after the prescribed retention period, the onus to prove the

entitlement would lie on the claimant.

4. Late Commander Amitabh Nandi was transferred on numerous occasions

and when posted in NCC unit he was regularly commissioned to attend

camps to a very isolated location where very limited to none medical

facilities were available and there was a non-availability of a healthy diet

which was required due to his diabetic condition which was known and at

no times was hidden to the Superior officers. This lead to worsening of his

health over period of time. Due to this his immunity system started

weakening.

5. In spite of his medical condition he was transferred to non-family / field

station near Rameshwaram. Even during this posting no facilities were

available to cater the medical needs of my deceased husband. The entire

unit was located in make-shift arrangement provided by Tamil Nadu

Government. This tenure severely aggravated his medical condition due to

which he was shifted to R&R hospital at New Delhi for extensive medical

care and surgery.

6. Post extensive treatment at R&R he was transferred to INS Angre at

Mumbai and was appointed as Du CANAC at Navy Nagar Colaba Mumbai.

During initial phase of his appointment he started showing signs of hyper

tension and mental breakdowns and he health was not at its best. However,

in Jan 2017 his immediate superior Capt Parambir Singh, CANAC was

transferred and all duties of Capt Parambir Singh was given to my husband

in addition to the duties which he was already carrying out. This means he,

with a failing health was carrying out duties of two officers.

7. Furthermore, An Annual inspection of the unit was also scheduled

between February / March 2017, which further added the work pressure of

the officer. This triggered and severely aggravated the medical condition of

the my Husband. He tried bringing out his deteriorating medical condition

with Exo INS Angre but was not provided with any relief.

8. On many occasions during preparations for annual inspection he was not

even permitted by Exo to report sick and was forced to attend meetings and

give presentations. He was overloaded and had to continuously work even in

off working hours to complete both daily routine work and meet targets for

preparing towards annual inspection totally disregarding his own health

issues.

9. This severely impacted and aggravated his medical condition, immunity of

the body and strength of his internal organs which finally led to sad demise

of the officer on 26 Apr 2017.

10. It is clear from above facts that the officer's medical condition was

severely aggravated due to service conditions leading to death, but both his
unit and INHS Asvini did not make any attempt to investigate the facts as

this could have led to disciplinary action against Exo of INS Angre who was

totally insensitive towards the poor/ deteriorating health condition of my

husband.

11. The Pension handbook in 5.9 explains Attributability and in 5.9(b) as

reproduced below says :

(b) Diseases. For acceptance of a disease as attributable to

military service, the following two conditions must be satisfied

simultaneously: -

(i) That the disease has arisen during the period of military

service, and,

(ii) That the disease has been caused by the conditions of

employment in military service.

(iii) Diseases due to infection arising in service other than that

transmitted through sexual contact shall merit an entitlement of

Attributability and where the disease may have been contracted

prior to enrolment or during leave, the incubation period of the

disease will be taken into consideration on the basis of clinical

course as determined by the competent medical authority.

(iv) If nothing at all is known about the cause of disease and

the presumption of the entitlement in favour of the claimant is

 not rebutted, Attributability should be conceded on the basis of

the clinical picture and current scientific medical application.

(v) When the diagnosis and/or treatment of a disease was faulty,

unsatisfactory or delayed due to exigencies of service, disability

caused due to any adverse effects arising as a complication

shall be conceded as attributable.

12. Prima Faice, its evident for aforementioned fact that my husband

disease was cased due to conditions of employment in military service

and has arisen during the period of military service and the conditions

he was suffering through the employment caused the death of my

husband.

13. In 5.10 the pension handbook as reproduced below says:

5.10. Aggravation.

A disability shall be conceded aggravated by service if its onset

is hastened or the subsequent course is worsened by specific

conditions of military service, such as posted in places of

extreme climatic conditions, environmental factors related to

service conditions e.g. Field, Operations, High Altitudes etc.

It is clear from the medical reports and documents that during the

tenure at Rameshwarm, my husband’s heath was deteriorating and

 the further posting at INS ANGREE further aggravated the disease or

disability.

14. Furthermore, the Pension Handbook in Chapter VI- – Circumstances

of Categories for Attributability to / Aggravation by Naval Service in 6.1(b) as

reproduced below says:

6.1. For determining the pensionary benefits on death or disability

under different circumstances due to the causes attributable

to/aggravated by naval service, the cases will be broadly categorized

as follows:-

(b) Category B.

Death or disability due to causes which are accepted as

attributable to or aggravated by Naval Service as determined by the

competent medical authorities. Disease contracted because of

continued exposure to a hostile work environment, subject to extreme

weather conditions or occupational hazards resulting in death or

disability would be examples.

15. The work environment at Rameshwarm was very hostile as he was

subjected to extreme weather conditions and non-availability of essential

medical assistance was an occupational hazard resulting in death of my

husband.

16. In Chapter VII in the same handbook in 7.1 as reproduced below it

states :

7.1. Special Family Pension (SFP) is granted to the widow/

children of an service personnel irrespective of his length of service, if

his death whilst in the Service was due to or hastened by a wound,

injury or disease as prescribed under Category ‘B’ and ‘C’, which is

attributable to or aggravated by Naval Service.

It is very much evident that the disease of my deceased husband falls under

Category ‘B” which is attributable to or aggravated by Naval Service.

Judgments of Armed Forces Tribunal (AFT) Guwahati In OA-30 of 2016 and

OA-10 of 2018. In these two Judgements it has been clearly enunciated

that:

While a person is on leave whether casual, annual or sick, it is not

expected of him to perform or discharge his regular military duties as if he

was present in a unit.

He is expected to live a normal life, which a member of the force is expected

to live while on duty.

The acts and deeds which are relatable and are part of the normal living of

a member of the Force, during which he suffers an injury or death, would

normally be attributable to the military service.

Unless such an act or deed was entirely beyond the scope of normal

behaviour of member of the Force and had no nexus or even casual nexus

between the act and military force, in such circumstances, the injury

suffered may not be attributable to the service.

For e g., a person on casual leave may suffer an injury while going to or

coming from his leave station to his unit, by public or private transport,

while performing his normal functions while on leave like dropping his

children to school, going to the market to buy items of day-to-day needs,

going to booking office for booking his train ticket for his travel and while

doing so being hit by a vehicle on the road, would be attributable to the

military service.

While on the other hand, if he is performing the acts or deeds which have

no relation to his military service and attempts to do acts for his personal

gain or benefit of others like participating in some business, doing

agricultural activities, getting drunk, fighting and suffering injuries or

suffering injuries from agricultural activities, wheat thresher and other

agricultural appliances the same may not be attributable to or aggravated

by military service as has also been held by this Court in recent judgments

of this Court of even date in the cases of Ex AC Somveer Rana v. Union of

India and Ors. WP(C) No 2418/2004 and Ex Hav(AEC) Bhup Singh v.

Union of India and Ors. WP(C) No. 2325/2002

Furthermore, Government of India, Ministry of Defence, D(CMU) MoD ID No

4(5)/D(CMU)/2018 dated 07 Sep 2018 along with circulars therein it is

enunciated that whenever a legal principle is settled by High Court or

Supreme Court, the same must be universally applied to all similarly placed

employees or on individual representations after examining the same.

17. From the abovemention facts, rules and information and inter-alia, it is

pretty evident that I am eligible for the Special Family Pension.

Thanking You,

Sincerely,
Thanking You,

Your Faithfully,