Armed Forces Tribunal
Nk Sujeet Singh (Army) vs UOI & Others on 28 January 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
16.
OA 72/2016
Army No 15615942X Nk Sujeet Singh, S/o shri Shiodutt Singh, presently posted in 16 GUARDS, Permanent Resident of 558, SK Nagar, Naya Basti, Rishra, Post Prabash Nagar, District Hooghly, West Bengal – 712
…. Applicant
Versus
1.
UOI, through the Secretary, Ministry of Defence, Govt of India, New Delhi – 110 011
2.
The
General
Officer
Commanding-in-Chief,
HQ
Southern
Command, PIN 908 541, c/o 56 APO
3.
The Commanding Officer, 16 Guards, PIN 910 916, c/o 56 APO
4.
smt Shweta Singh, wife of Nk Surjeet Singh, 127, Satyajit Roy Saraw, Kantadanga Bhadreshwar, Post Angul District Hooghly, West Bengal – 712 221
…. Respondents
For Applicant
: None Present
For Respondents
: Mr. Pradeep Mathur, Advocate
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
28.01.2026
1. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant, who was a serving soldier at the time of filing, has filed this OA praying that the impugned Order dated 20/11/2015, Annexure A/7, under which maintenance allowance has been granted to the wife of the applicant, be set aside and the Respondents may please be restrained from deducting any amount from the pay and allowances of the applicant. As an interim prayer, he has also prayed that during the pendency of the OA, the ibid impugned order be stayed.
2. We have perused the material on record.
3. Perusal of record reveals that on numerous occasions in the past, either none appeared on behalf of the applicant or a proxy counsel appeared and sought adjournment, which shows that the designated counsel for the applicant is not serious in pursuing the case of the applicant. Even today, the counsel for the applicant has not appeared before this Tribunal. The issue involved in this matter is about maintenance allowance granted to the estranged wife of the applicant. Further, perusal of Annexure A/7, reveals that the competent authority, ie, General Officer Commanding-in-Chief, Southern Command, in exercise of the powers vested in him under Section 91 (1) of the Army Act, 1950, read with Army Rule 193, as amended, and Army Rule 2/2001, has accorded sanction for the deduction of an amount @27.5%, ie, @22% to the wife and 5.5% to the son of the applicant, per month from the pay and allowances of the applicant and its payment to the wife of the applicant, Smt Shweta Singh, for maintenance of herself and her son, with effect from 01/11/2014. This payment will continue till the marriage of the lady with the applicant subsists or till her death, whichever is earlier and the grant to the son of the applicant will continue till he attains the age of majority, ie, 25 years, or till he has an independent source of income.
4. In view of the foregoing and since maintenance allowance has been granted to the estranged wife of the applicant and his legitimate son borne out of their wedlock in terms of extant provisions on the subject after following due process and the lapse of time involved in this matter, we are not inclined to interfere with the considered decision arrived at by the competent authority in granting maintenance allowance to the wife and son of the applicant for their subsistence.
OA 72/2016, filed by Army No 15615942X Nk Sujeet Singh
5. The OA is accordingly dismissed. No order on costs.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J)
cda/-