Armed Forces Tribunal
Ex MWO (HFO) Sumer Singh Champawat vs UOI & Others on 20 March 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
(CIRCUIT BENCH, JODHPUR)
PHYSICAL HEARING
7.
MA No 91/2026 and MA No 92/2026 in OA No 32/2026
Ex MWO (HFO) Sumer Singh Champawat
…. Applicant
Versus
UOI & Others
…. Respondents
For Applicant
: Mr. Kushal Singh, Advocate
For Respondents
: Dr. SamilShrimali, 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
20.03.2026
1. MA No 91/2026 in OA No 32/2026 has been filed by the Applicant for early hearing of the case. For the reasons stated in the Application, MA No 91/2026 is allowed.
2. MA No 92/2026 in OA No 32/2026 has been filed by the Applicant for directing the Respondents to restrain them from making recovery from the monthly pension of the Applicant and to stay operation and effect of SPARSH PPO No 601201604546 (Corr PPO No 5) dt 28.08.2025 till final disposal of the matter. The Applicant submits that at the time of discharge on 31.08.2016, he was not paid commuted value of pension (CVP) of Disability Element. However, after a lapse of more than nine years PCDA (P) issued suo-motuCorr PPO sanctioning CVP for Disability Element for a sum of Rs. 9,49,350/-, out of which Rs. 8,62,644/- have already been recovered and Rs. 86,706/- only remains to be recovered from the Applicant. The Applicant submits that out of Rs. 86,706/-, a sum of Rs. 58,446/- (for the period from Sep 2025 to Feb 2026, @ Rs. 7641/- pm) has already been recovered by the Respondents and the balance amount remains to be paid comes to Rs. 28,260/- only, which the Applicant is ready to pay in lump-sum and the Respondents may recover from his pension. The
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Applicant submits that the Respondents have arbitrarily imposed interest @ 42% compound interest, which is illegal and the Applicant should not be penalized by imposing compound interest @ 42% for his no fault. Moreover, no details for the same have been provided by the Applicant in the OA. The Applicant has prayed for grant of stay on the recovery from the pension of the Applicant. As there is no clarity on the issue and the OA is quite vague and the Respondents are yet to file their reply, in the interest of justice, Respondents are directed not to recover any further amount on account of commutation value of disability element till next date of hearing. The Respondents are directed to file Reply Statement in the meantime.
3. List the matter on 19.05.2026.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J)
Ssy/-