Breaking SUPREME COURT REAFFIRMS PUBLIC DOMAIN PROTECTION FOR DIGITAL LAWS
New Delhi · Monday, 21 September 2026 9888666310 | [email protected]
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Supreme Court of India 2016-05-06 partly_allowed

Santosh Devi vs Union of India & Ors

Bench: 2 — R. Banumathi

In Brief

Santosh Devi, widow of a Territorial Army soldier who died during disembodied state without 15 years' qualifying service, sought family pension. The Armed Forces Tribunal dismissed her claim, noting that Territorial Army personnel who die without the minimum service requirement while disembodied are not entitled to family pension under existing rules. The Supreme Court upheld this position on statutory grounds—Territorial Army and regular army operate under different legal frameworks. However, recognizing the acknowledged anomaly and hardship, the Court exercised its Article 142 powers to award the widow an ex-gratia payment of ₹10 lakhs.

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Military Law Pensions Family Pension Territorial Army Discrimination Constitutional Law

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