Smt Anita Kumari wo Ex EM (R) Pradeep Kumar (Army) vs UOI & Others on 11 September 2025

1. 1. UOI, through the Secretary, Ministry of Defence, South Block, Govt of India, New Delhi – 110 011

2. 2. The Commodore, IHQ of MoD (Navy), Directorate of Pay and Allowances, Annexe Building, Talkatora Stadium, New Delhi – 110 001

3. 3. The PCDA (N), Pension Cell, 1, Cooperage Road, Mumbai – 400 039

4. 4. Shri Pradeep Kumar @ Pradeep Dhankar, S/o Shri Man Phool Singh Dhankar, Village Khatiao Ki Dhani, Post Ardawata, District Jhunjhunu, Rajasthan **.... Respondents**

**For Applicant**

**: Mr PS Rathore, Advocate**

**For Respondents**

**: Mr Pyare Lal, Senior Panel Counsel**

**CORAM:**

**HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)**

**HON'BLE MR. SANJIV MITTAL, MEMBER (A)**


1. 1. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant who is the wife of Ex EM (R) Pradeep Kumar, has filed this OA praying that her children be paid due share in the Pension including commuted value, gratuity, provident fund and the NGI share entitled to her husband EM (R) Pradeep Kumar as deemed appropriate by the Hon'ble Tribunal. She has also prayed for payment of arrears of maintenance allowance amounting to Rs 76,500/- which has not been paid to her by her husband. Further, name of the applicant be endorsed as Nominee in the PPO for grant of family pension and that she be issued with ECHS Card as well as dependency Card/CSD Card etc. As an interim prayer, the applicant has also 

prayed that payment of retiring pensionary benefits to her husband be suspended till final decision of this OA.

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

3. Vide Reply Statement, the Respondents have stated that the husband of the applicant, Pradeep Kumar, MER-1, has been discharged from Naval Service on 31/1/2021 and all retiral benefits have paid to him as per rules and regulations. No provision exists in the Navy Act, 1957 and Regulations/Policies for sharing the retiral benefits by spouse/children during the lifetime of the retired naval personnel. Further, based on the application submitted by the applicant in Dec 2019 and after following due procedure, the Competent Authority vide Order dated 07/9/2020 had approved maintenance allowance to the applicant, Smt Anita Kumari @Rs 10,000/- pm, i.e, Rs 7000/- for her and Rs 3000/- for her child, wef December 2019. Arrears from the date of Order of maintenance allowance to the applicant till the date of discharge of her husband was paid to the applicant from his salary and pensionary benefits in the month of April 2021. Hence, post his discharge from service, no amount of maintenance allowance is due to the applicant. The applicant has also filed a SB Civil Writ Petition No 14706/2020 before the Hon'ble High Court of Judicature for Rajasthan Bench at Jaipur praying for grant of enhanced maintenance allowance to her which is pending. She had also filed a case bearing No 9042/2019 before the Court of Additional Magistrate, Jaipur for grant of maintenance allowance, to which the Hon'ble Court has granted maintenance allowance of Rs 10,000/- to the applicant wef 15/6/2016 vide Order dated 10/11/2021.


4. During the course of hearing, Counsel for the Applicant submits that he has no grievance with regard to grant of maintenance allowance granted to the applicant and his only limited prayer in this case is inclusion of the name of the applicant in the PPO to enable the applicant to avail the family pension when such an eventually arises.

5. The Respondents have not brought out the fact about the marital status between the estranged couple, as to whether their marriage still exists or they have been separated legally or otherwise and the husband of the applicant has already been discharged from service.


सत्यमेव जयते

6. In view of the foregoing and since the applicant was the legally wedded wife of Ex MER Pradeep Kumar, we deem it appropriate to direct the Respondents to verify the marital status between the couple. In case the marriage subsists and no decree with regard to divorce between the couple has been ordered by any competent court, we expect that the Respondents shall take appropriate steps in incorporating the name of the applicant as the wife of the retired MER Pradeep Kumar in the Corrigendum PPO to be issued in accordance with extant rules/regulations and other issues as prayed for in Para 8 (C) and 8 (D) of the OA. This exercise shall be done within a period of six months from the date of receipt of a copy of this Order.

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

8. Pending application, if any, also stands disposed off.

(SANJIV MITTAL) MEMBER (A)

cda/-

(GOVERDHAN BARDHAR) MEMBER (J)