Ex Nk Ishwar Singh Shivrayan vs UOI & Others on 24 April 2026

O R D E R

24.04.2026

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 to the Applicant wef 31.08.2003 and that the arrears be paid along with interest @ 18% per annum.

2. The Applicant submits that after rendering more than 18 years of Service, he was discharged from Service on 31.08.2003 for which he has been granted Service Pension for life vide PPO No S/036629/2003 and granted Rs. 100/- pm on account of Fixed Medical Allowance (FMA), which stands revised from time to time. The Applicant has not availed the facilities of ECHS membership from the period from 01.09.2003 to December 2023 and he became the member of ECHS Scheme wef December 2023 only. Since the Applicant did not avail the facilities of ECHS membership from 01.09.2003 to December 2023, he is eligible for FMA for the aforesaid period. However, the Respondents have not granted FMA to the

Applicant without any reasons. The Applicant made representation and also issued Legal Notice for grant of FMA for the intervening period, but to no avail. Therefore, the aggrieved Applicant has filed present OA.

3. The Respondents have filed reply statement and while not disputing the basic facts presented by the Applicant in the OA, they have submitted thatthe Applicant had been granted FMA @ Rs. 100/- pm vide PPO dt 03.06.2003. In terms of Govt of India, Ministry of Defence letter dt 15.06.1998, sanction for grant of FMA @ Rs. 100/- pm to Armed Forces pensioners/family pensioners was issued for meeting expenditure on day to day medical expenses that do not require hospitalisation unless the individual opted for OPD treatment in Armed Forces Hospital/MI Rooms. The above amount has further been enhanced to Rs. 300/- pm vide Govt of India letter dt 12.01.2011 wherein it has also been directed that Ex-Servicemen who retired after 01.04.2003 have to become members of ECHS compulsorily and are not eligible to draw FMA. However, all pre 01.04.2003 retirees have the option of either joining the Scheme or draw FMA as per the extant rates.Since the Applicant was discharged from Service on 31.08.2003, ie., after the cut-off date of implementation of thepolicy, he has to become member of ECHS compulsorily and, hence, is not eligible to draw FMA as per the ibid policy. Moreover, the Applicant did not exercise the option for FMA in terms of Govt of India, Ministry of Defence letter dt 12.01.2011. In view of the aforesaid averments, the Respondents have reiterated that the OA is devoid of merit and deserves to be dismissed.

4. Heard Counsels for both the parties and perused the records placed before us.

5. Perusal of records reveals that the Armed Forces personnel who retired on or after 01.04.2003 have to become member of ECHS compulsorily. In the present case, the Applicant was discharged from Service on 31.08.2003, ie., after the cut-off date of implementation of the policy, ie., 01.04.2003. Therefore, he was mandated to become the member of the ECHS Scheme to avail the medical benefits in terms of Govt of India, Ministry of Defence orders on the subject. Moreover, the Applicant has placed nothing on record which substantiate his claim for grant of FMA for the intervening period. Therefore, he is not eligible for grant of FMA for the intervening period from 01.09.2003 to Dec 2023 as he was to become a member of ECHS compulsorily wef the date of his discharge from Service.

6. The OA is devoid of merit and, hence, is dismissed. Pending Miscellaneous Application(s), if any, also stand disposed off.

7. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

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