'It is in the interst of the welfare and morale of the soldiers of the Bengal Engineering Group (BEG) and the Army as a whole, it is necessary that they are reassured that their next of kin will get their due in case of an unfortunate incident', a division bench comprising Justice K Padmanabhan Nair and L T General Thomas Mathew while disposing a petition by 79-year-old Edward N of kollam, who is fighting to get the family pesnion and other terminal benefits of his son Havildar Wilfred, who died in 1988.
'There should be zero tolerance by the Army authorities to such incidents. It is therefore necessary for the Army to investigate this case and take appropirate steps to ensure that benefits due to a soldier reaches the legitimate person', the bench held.
Wilfred was enrolled in the Army on Aug 9, 1971 and was working as Havildar attached to Bengal Enineering Group and Centre. He died 1988 and his last rites were performed as a christian.
The pettiioner was informed by the Record Officer of the BEG that parents can claim for faimily pension. An amount of rs 11,30 was sent to the petitioner's wife by money order but after which nothing was heard from them.
Meanwhile, Nanda Jose, from Uttar Pradesh, filed a petition stating that she was the deceased's wife with whom she had married on May 30, 1982 and had two children from him. She claimed that wilfred had converted to hinduism and had married her.
Records with her showed that she was 'married' to 3 persons-- P N Matbar singh, Late Havildar Birbal and Wilred at the same time and had given birth to 3 boys on Nov 1, 1984 and had records to show the children were fathered by the 3 different men.
After going through the documents produced, the tribunal held that the fourth respondent, Nanda Jose had forged certain documents and tried to 'hoodwink' the tribunal. Her averrments that she had marrried Wilfred and had two children from him from the wedlock are also false, the tribunal held.
This is a fit case in which criminal case under sect 340 of Criminal Procedure Code should be registered against the woman and a show cause notice issued to her to show casuse why a crimimal complaint cannot be filed against her for filing false affidavit and producing false documetns.
The tribunal directed the union government, the Commanding officer of Bengal Engineering Group and centre, Rourkee to disburse the entire family pension, terminal benefits and Army Group Insurance Fund to the petitioner on account of the death of their son.
The tribunal also registered criminal msicellaneous case against the woman and directed her to appear in person with original records and to file a show cause why a criminal complaint should not be filed against her for producing false and forged documents.
The fourth respondent had connived with others to usurp the terminal benefits due to the petitioner. To commit this act some officials of the Bengal Engineering Group have colluded with her to have the benefits sanctioned to her in a hasty manner.
It was the responsbility of the Commanding officer and Record officer of the BEGC and the unit to ensure that his temrinal benefit are distributed to his actual kith and kin and not hijacked by some opportunitst, the tribunal held.