Ex Nk Sohan Ram vs UOI & Others on 9 December 2025

O R D E R

09.12.2025

OA No 43/2021

1. Under Section 14 of the Armed Forces Tribunal Act 2007,the applicant has filed this OA praying for directing the Respondentsnot to recover excess payment of Rs 3,95,008/- paid to the applicant from service pension of the applicant for the period 04/1/2011 to 30/6/2019 and if any amount already recovered by the CPPC/PDA without the consent of the applicant be refunded to the applicant by the Respondent No 4 & 5.

2. Respondents Nos 4 & 5 have filed their Reply Statement and submitted that the excess pension was inadvertently paid to the applicant for the period 03/1/2011 to June 2019 as he was entitled to grant of disability element of disability pension upto the period of 03/1/2011 only, resulting in overpayment to the tune of Rs 395,008/-by the PDA for which a recovery was effected accordingly.

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

4. Perusal of record reveals that vide Order dated 24/1/2024, this Tribunal has restrained the Respondents PDA from effecting further recovery from the pension account of the applicant. Further, vide Order dated 23/7/2025, this

Tribunal has directed the Counsel for the Respondents PDA 4 & 5 to file a comprehensive reply in this matter by the next date of hearing, as the reply already filed by them was not in its entirety. However, despite explicit directions, neither the reply as directed has been filed nor the counsel for the Respondents PDA 4 & 5 appears today, during the couse of Virtual Hearing.

5. In view of this fact, it is ordered that no further recovery shall be effected from the pension account of the applicant without prior notice and/or seeking response from the Applicant after issuing a Notice by the PDA, if any. Further, it is also directed that recoveries already made by the PDA Respondents need not be refunded to the Applicant.

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

OA No 209/2024

7. The applicant has filed this OA praying for directing the Respondents to treat the the RSMB of the applicant held on 04/1/2001 as final for life instead of ten years because of the applicability given in the RSMB dated 04/1/2001 for grant of disability element was wef 11/5/2001 which is post date of policy for one time RSMB came into force issued vide Govt of India, Ministry of Defence letter dated 07/2/2001, or otherwise. He has further prayed for directing the Respondents to constitute or convene a fresh one time RSMB of the applicant at the nearest MH to examine the present medical condition as well as assessment of his disability for the intervening period from 04/1/2011 to the date of RSMB and grant him disability element as per recommendations of the RSMB.

8. We have heard both the parties and perused the material record.

9. During the course of virtual hearing, Counsel for the applicant has assiduously pleaded for directing the Respondents to hold a fresh Re-survey Medical Board of the applicant to assess his present degree of disablement of the disability, “CSOM (Lt) Ear with Sensory Neural Deafness (Lt)” which was considered as Aggravated by military service and with which he was discharged from service on 30/9/1994 after rendering 16 years and nine months of service.

10. Perusal of record reveals that vide Records the JAT Regiment letter dated 12/6/2024, Exhibit P15, the applicant was advised to submit certain requisite documents as detailed at Para 4 of the ibid letter to enable the Record Office to conduct a fresh RSMB of the applicant, which the applicant has failed to submit so far.

11. In view of the foregoing and since the applicant had not adhered to the advice of the Record Office in submitting the requisite documents with regard to conduct of a fresh RAMB, in case the applicant furnishes the requisite documents as mentioned at Para 4 of Record Office letter dated 12/6/2024 addressed to him alongwith a fresh Representation to the Respondents within a period of two months from the date of Order of this Tribunal, the Respondents shall take a decisionin holding a fresh RAMB of the applicant in accordance with extant rules/policy on the subject within a period of six months from the date of receipt of such a Representation and the requisite documents as asked for by the Respondents from the applicant. The outcome shall be intimated to the applicant accordingly.

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

13. Pending applications, if any, also stand disposed off.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

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