Ex Hav Karan Singh vs UOI & Others on 29 September 2026

O R D E R

29.09.2026

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying for directing the Respondents to pay the applicant an amount of Rs 9,97,119/- already recovered at the time of discharge of the applicant from his service benefits with penal interest. He has also prayed for award of cost of litigation and further grant of stay for further recovery till the disposal of the OA.

2. Vide Reply Statement, the Respondents have submitted that the Applicant was enrolled in the Army (Rajput Regiment) on 15/2/1995 and was transferred to Pension Establishment on 28/2/2019 on completion of his terms of engagement and was granted service pension for the qualifying service. Prior to his discharge from service,

PAO (OR), Rajput Regiment, vide their letter dated 26/2/2019 intimated the Record Office that the applicant has been over paid an amount of Rs 8,64,516/- towards the Commando Allowance wef 18/8/2002. Subsequently, Final Settlement of Account (FSA) of the applicant was carried out by the PAO (OR) which closed his account with a debit balance of Rs 86,601/-. Post his discharge from service, the applicant was advised by Record Office vide their letter dated 02/4/2019 to refund the debit balance of Rs 86,601/- through MRO for regularization of debit balance. It has been revealed by the Record Office in response to the information sought by the applicant through RTI application for the excess amount paid to the applicant that the Special Force Commando Allowance was admissible to the personnel of 1,2,3,4,9,10,11, 12, 21 PARA Units and Para Special Force Units and special force training wing only. The applicant was not posted in any of such Units when he was posted with 26 RAJPUT from 2002 to 2016 and, hence, he was not entitled to Commando Allowance and had deliberately drawn the allowance from the Govt account. In view of the factual position narrated herein, the Respondents have prayed for dismissing the OA being infructuous, lack of substance and devoid of merit.

3. We have heard the counsels for the parties and perused the material on record.

4. It is evident from the material on record and is a fact that the applicant got an unjust enrichment of Rs 8,64,516/- towards Commando Allowance wef 2002 to 2016, which he was not legitimately entitled to, as during that period the applicant was posted with 26 RAJPUT Regiment and was not posted with any of the Para Special Force Units and/or special force training wing whose personnel were admissible for grant of Commando Allowance. With this excess payment to the applicant, the account of the applicant was closed with a debit balance of Rs 86,601/- at the time of FSA, after adjusting the amounts which he was entitled to at the time of his discharge from service.

5. Taking note of overall facts and circumstances of the case as also to meet the ends of justice, we deem it appropriate that debit balance of Rs 86,601/- in the account of the applicant at the FSA stage of excess amount of Rs 8,64,516/- paid to the applicant which he was not entitled to, be waived especially in view of the fact that PAO (OR) had worked out the excess amount paid to the applicant at the time of his discharge from Army and not while he was being paid this allowance unauthorisedly by the same PAO (OR). Respondents shall take necessary steps towards that end accordingly.

6. The OA is disposed off accordingly. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

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