Armed Forces Tribunal
Ex Sgt Ashok Kumar Arya (Air Force) vs UOI & Others on 4 August 2025
**ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR**
25.
**OA No 87/2023 with MA No 478/2023**
No-782684B Sgt (MT Dvr) Ashok Kumar Arya, S/o Late Shri Bhanwar Lal Arya, Village-Dhani Ahiran, Distt-Sikar (Raj)-332718, (Last unit 2409 Sqn, AF, C/o 19 Wing Air Force, Guwahati)
.... Applicant
Versus
1. 1. The Union of India, through the Secretary, Ministry of Defence, Govt of India, New Delhi-110011
2. 2. Principal Director, Directorate of Air Veterans, Subroto Park, New Delhi – 110010
.... Respondents
For Applicant : Mr Brijesh Kumar, Advocate, Proxy for Mr Nripendra Sinsinwar, Advocate For Respondents : Mr Brij Bihari Sharma, Advocate
**CORAM:**
**HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)**
**HON'BLE MR. SANJIV MITTAL, MEMBER (A)**
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**ORDER**
सं. 04.08.2025
1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying for directing the Respondents to pay Rs. 3600/- on account of Risk and Hardship Allowance for the period from 09.09.2019 to 26.09.2019 along with interest @ 18% per annum. The Applicant has also prayed for directing the Respondents to pay cost of Rs. 50,000/- on account of litigation fee, legal fee and mental agony.
2. Brief facts of the case as enunciated by the Applicant are that the Applicant was enrolled in the Air Force on 02.12.2002 and on completion of terms of engagement, he was discharged from Service on 31.12.2022 for which he has been granted service Pension for life. The Applicant submits that he served with 2405 Sqn AF from 29.05.2017 to 08.09.2019. Thereafter, he was posted out to 49 Wing AF wef 09.09.2019 with reporting date on 27.09.2019. He was granted joining time from 09.09.2019 to 26.09.2019 (18 days). The Applicant had drawn last Ration (duty) allowance upto 08.09.2019 and struck off Ration Strength (SORS) on 09.09.2019 and after joining time of 18 days from 09.09.2019 to 26.09.2019, he was Struck of Strength (SOS) on 27.09.2019. The Applicant is entitled for Risk and Hardship Allowances in terms of Govt of India, letter No 8(3)/2017/D (Pay/Services) dt 21.04.2022 with applicability date wef 19.02.2019. The Applicant submits that on being posted out to 49 Wg AF, the Applicant has been granted Risk and Hardship Allowances (RHA) till 08.09.2019, ie., the date of SORS, whereas the Applicant is entitled for grant of RHA upto the date of SOS, ie., 26.09.2019 in terms of Air HQ letter No Air HQ/23967/101/PP&R-1 dt 18.07.2012 and Air HQ/25816/9/D Accts dt 19.07.2012 (Annexures A/3 & A/4). The Applicant made representation for grant of RHA for the intervening period from 09.09.2019 to 26.09.2019 but the Respondents paid no heed. After discharge from service, the Applicant also issued Legal Notice for grant of RHA for the intervening period between SORS and SOS but to no avail. Therefore, the Aggrieved Applicant has filed present OA.
सत्यमेव जयते
3. The Respondents have filed a detailed Reply Statement. While not disputing the basic facts presented by the Applicant, the Respondents have submitted that as per policy in vogue the said allowance is entitled till the date of posting and since the Applicant was posted out to 49 Wg AF wef 09.09.2019, he has not been paid the RHA wef 09.09.2019.
4. We have heard both the parties and perused the material placed on record.
5. It is not in dispute that the Applicant is entitled for RHA in terms of Govt of India letter dt 21.04.2022. The Applicant is entitled for RHA till the date of his actual physical posting in an area for which he is entitled to RHA and not till his SOS, ie., for the period of his joining time as this Allowance is for posting at a particular location. It has also been seen that this Allowance, ie., RHA has not been included in the list of allowances which are authorized till SOS at the last duty station vide letter dt 19.07.2012 (Annexure A/4). Hence, the Applicant is not entitled to RHA for the period from 09.09.2019 to 26.09.2019. Accordingly, the Applicant was not granted RHA for the intervening period between SORS and SOS.
6. Taking note of overall facts and circumstances of the case and also the fact that the Applicant is entitled for RHA till his actual posting at a location entitling him to RHA and not for joining time, we are of the considered opinion that the OA lacks merit and is dismissed.
7. Pending Miscellaneous Application(s), if any, also stand disposed off.
8. No order on costs.
(SANJIV MITTAL) MEMBER (A)
सत्यमेव जयते
(GOVERDHAN BARDHAR) MEMBER (J)
Ssy/
