Smt Shravani Devi wdo Late Sep Sanwar Ram vs UOI & Others on 3 September 2025

**O R D E R

03:09:2025**

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying for quashing and setting aside the Impugned Order, if any, and pass order directing the Respondents to grant and pay Fixed Medical Allowance (FMA) to the applicant ~~we~~ 01/12/1997 to 09/6/2021.

2. Brief facts of the case as enunciated by the applicant are that the husband of the applicant was enrolled in the Army on 15/5/1963 and was discharged from service on 12/5/1967 after rendering four years and two months of service being in permanent low medical category. Husband of the applicant was granted Service Element and Disability Element of Pension for life. Husband of the applicant passed 

away on 26/11/2009. Upon his demise, the applicant, being the legal heir of the deceased, was granted service pension for life. Applicant further submits that in terms of Govt of India, Ministry of Personnel Public Grievances and Pension (Department of Pension and Pensioners Welfare) OM dated 19/12/1997 the applicant was eligible for grant of FMA @100/- pm wef 01/12/1997 as is authorised for the Central Govt pensioners, which was revised from time to time. The applicant further submits that neither her late husband during his life time nor the applicant avail the OPD facilities from the Armed Forces Hospitals/MI Room till the applicant became a member of the ECHS wef 10/6/2021 vide Regn No 0001835460 dated 08/6/2021. However, she was not paid the FMA as entitled to her till date.

3. Vide Reply Statement, the Respondents (1 to 3) at the outset have submitted that the service documents of the husband of the applicant have been destroyed on expiry of its stipulated period of retention of 50 years as per extant regulation. However, as per Data Sheet of Destruction of Sheet Roll, husband of the applicant was enrolled in the Army on 17/5/1963 and was discharged from service on 14/7/1967 under Army Rule 13 (3) Item III (v) being service no longer required. Husband of the applicant was granted disability pension, which was revised from time to time. Respondents further submit that in the absence of documents, it is not possible to ascertain whether the deceased husband of the applicant had opted to draw FMA at the time of his discharge as he was boarded out from service due to low medical category Permanent. Upon the demise of her husband on 26/11/2009, the applicant was granted Ordinary Family Pension wef 27/11/2009. Further, with regard to grant of FMA, Circular No 586 dated 25/9/2017 of the PCDA (P) which stipulates that the PDAs are authorised to review and revise the FMA in all the affected cases.


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

5. From the foregoing, it is not in dispute that late husband of the applicant was in receipt of Disability Pension and upon his demise on 26/11/2009, the applicant being the Legal Heir of the deceased soldier, was granted Ordinary Family Pension wef 27/11/2009. As per the statement of the applicant, she became a member of the ECHS wef 10/6/2021. Since the service documents of the late husband of the applicant having been destroyed and, hence, the Respondents have expressed their inability to state categorically whether the husband of the applicant opted to avail FMA at the time of his discharge from service. It is also a fact that vide Circular No 586 of 25/9/2017 of the PCDA (P) PDAs are authorised to grant FMA to the eligible retired fraternity.

6. During the course of hearing, Counsel for the PDA (Respondent Nos 4 & 5) submits that the applicant has so far not submitted the requisite Option Certificate to avail the FMA and they have also no objection in granting the FMA as entitled to her in case she submits an Option Certificate and the requisite undertaking on the prescribed proforma to the Branch from where she draws her pension.

7. Accordingly, it is directed that in case the applicant submits a fresh Option Certificate on the set proforma alongwith an undertaking and other relevant connected documents to the Branch Manager of the Bank from where the applicant draws her monthly pension within a period of one month from the date of receipt of a copy of this Order, the PDA shall take necessary steps to grant the arrears of FMA @rate which was prevalent from time to time wef 27/11/2009 to 09/6/2021 to the applicant within a further period of six months from the date of receipt of such an Option Certificate and other requisite documents. As the applicant's husband expired on 26/11/2009, it is obvious that such undertaking cannot be 

OA 470/2023 with MA 852/2023 Smt Shravani Devi, wd/o Late Sep Sanwal Ram

submitted on his behalf and as such being a much delayed petition, wherein the papers have been destroyed, the allowance, if the applicant is eligible, can be authorised to her only till she subscribed to ECHS.

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

सत्यमेव जयते

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

(SANJIV MITTAL) MEMBER (A)

cda/-

(GOVERDHAN BARDHAR) MEMBER (J)

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