Armed Forces Tribunal
Smt Dakhu wdo Bhagwana Ram Ex Hav vs UOI & Others on 6 February 2026
**ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR**
2.
**OA 114/2024 with MA 179/2024**
**Smt Dakhu, wd/o Army No 13803283 Late Hav Bhagwana Ram, Resident of Village and Post Kasli, Tehsil Dood, District Sikar, Rajasthan – 332 002**
** .... Applicant**
**Versus**
1. 1. UOI, through the Secretary Ministry of Defence, Govt of India, New Delhi – 110 011
2. 2. The PCDA (P), Draupadi Ghat, Prayagraj, UP – 211 014
3. 3. The OIC Records, Artillery, Nashik Road Camp – 422 102
4. 4. The Chief Manager, CPPC, State Bank of India, CPPC, SMS
Highway, Chaura Rasta, Jaipur, Rajasthan ** .... Respondents**
**For Applicant**
**: Mr. Rameshwar Lal, Advocate**
**For Respondents**
**: Mr. Pradeep Mathur, Advocate (R1-3)**
**: Ms Srishti Soni, Mr Raghav Pareek, Proxy for Mr. Yash Sharma, Advocate (R4)**
**Major Vishi Singh, OIC Legal Cell, HQ 61 Sub Area**
**CORAM:**
**HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)**
**HON'BLE MR. SANJIV MITTAL, MEMBER (A)**
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
**O R D E R**
**06.02.2026**
1. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondents to grant Fixed Medical Allowance (FMA) to the applicant wef 24/2/2011, alongwith interest @ 9% per annum.
2. Vide Reply Statement, the Respondents have submitted that the husband of the applicant, Late Havildar Bhagwana Ram, was enrolled in the Army on 26/7/1963 and was discharged from service wef 28/2/1982 at his own request on extreme compassionate grounds on fulfilling the conditions of his enrolment under Rule 13 (3) Item III (i) of Army Rules 1954. He was granted service pension for life. Upon the demise of husband of the applicant on 23/2/2011, Smt Dakhu, the applicant herein and the widow of the deceased soldier has been in receipt of Family Pension. As per Para 3(A) (1) of PCDA (P) Circular no 165 of 22/6/2013, ex-servicemen who have retired on or after 01/4/2003, have to become a member of the ECHS compulsorily and are not eligible to draw FMA. All pre 01/4/2003 retirees have the option of either joining the scheme after depositing the requisite lumpsum amount for the purpose or drawing FMA as per extant rules. Such pensioner/family pensioner who join the scheme will thereby not entitled to FMA. The Respondents further submits that the applicant has till not granted FMA and a detailed clarification on the matter will be provided by the Pension Disbursing Agency of the applicant. Since the relief sought in this OA completely falls under the ambit of the PDA of the applicant being competent authority to grant FMA as per the policy in vogue.
3. We have heard the counsels for the parties and perused the material on record.
4. It is apparent from the Reply Statement submitted by the Respondents that the husband of the applicant was a pensioner, discharged from service 28/2/1982, ie, prior to the date of introduction of ECHS Scheme. The applicant is in receipt of Family Pension and is not in receipt of FMA as has been stated by the Respondents.
5. In view of the foregoing and considering the fact that the applicant is a septuagenarian widow, we grant four months' time to the Respondents particularly the PDA concerned to grant FMA as admissible to the applicant from the date applicable in terms of extant rules/policy on the subject after obtaining necessary undertaking and relevant documents from the Applicant. The arrears shall be granted to the applicant within the stipulated timeframe of four months, failing which, the applicant shall be entitled to receive a cost of Rs 10,000/- (Rupees Ten Thousand only) from the Respondents PDA.
- 6. The OA is disposed off accordingly. No order on costs.
- 7. Pending application, if any, also stands disposed off.
- 8. Copy of this Order be issued Dasti to both the parties.
**(SANJIV MITTAL)** **MEMBER (A)**
**(GOVERDHAN BARDHAR)** **MEMBER (J)**
cda/-