Armed Forces Tribunal
Smt Urmilla Devi wo Late NK Sumer Singh vs UOI & Others on 22 April 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
2.
OA 86/2014 with MA 488/2014
Smt Urmilla Devi, wd/o Late NK Sumer Singh ( Army No 6386967N), Resident of Village Keharpura Khurd, Post Mohanpura, Tehsil Chirawa, District Jhunjhunu, Rajasthan
…. Applicant
Versus
1.
UOI, through the Secretary, Ministry of Defence, Govt of India, South Block, New Delhi – 110 011
2.
The PCDA (P), Prayagraj, UP- 211 014
3.
The OIC Records, ASC Records (AT), PIN 900 493, c/o 56 APO
…. Respondents
For Applicant
: None
For Respondents
: Mr. Pyare Lal, Senior Panel Counsel
CORAM:
HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)
HON’BLE MR. SANJIV MITTAL, MEMBER (A)
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O R D E R
22.04.2026
1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant, who is the widow of late Naik Sumer Singh, had filed this OA praying for directing the Respondents to grant Special Family Pension to the Applicant and connected benefits wef 03/2/2014 on the demise of her husband on 02/2/2014. She had also prayed that the ordinary family pension received by her be adjusted in the scales of Special Family Pension.
2. With the passing away of designated counsel for the applicant, Notice dated 16/1/2026, in pursuance of Order dated 13/1/2016, was served upon the applicant. However despite notice having been received by the applicant as per confirmation from the Postal authorities, none appeared on behalf of the applicant during the course of hearing on 22/4/2026.
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3. During the course of hearing, Senior Panel Counsel for the Respondents submitted that the applicant had earlier filed OA No 90/2014 praying for grant of MACP III benefits wef 01/12/2012 of her late husband and, thereafter, Special Family Pension to the applicant wef 03/2/2014. He further submitted that vide Order dated 09/11/2021 the ibid OA was disposed off by this Tribunal with a direction to the Respondents to grant arrears of MACP III benefits as entitled to her late husband wef 01/12/2012 with all consequential benefits to the applicant within a period of four months from the date of receipt of a copy of this Order. Prayer of the applicant for grant of special family pension was rejected as the husband of the applicant was discharged from service on completion of 24 years of qualifying service and was discharged in SHAPE-I. In support of their arguments, Senior Panel Counsel for the Respondents has placed on record a copy of the Order dated 09/11/2021 passed by this Tribunal in the earlier OA of the applicant. He further submitted that since this is a case of Res Judicata, the instant OA is liable to be dismissed on that ground alone.
4. In view of the foreoing and since prayer of the applicant has already been dealt with by this Tribunal in OA No 90/2014 filed by the applicant and was rejected being devoid of merit, this OA is not maintainable being res judicata.
5. Resultantly, the OA is dismissed. No order on costs.
6. Pending applications, if any, also stand disposed off.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J) cda/-