Ex Sep Tej Singh vs UOI & Others on 28 October 2025

1. 1. The Union of India, through the Secretary to the Govt of India, Ministry of Defence, South Block, New Delhi

2. 2. PCDA (P), Allahabad (UP) – 211014

3. 3. The OIC Records, The Mechanised Infantry Ahmednagar – 414001

4. 4. The OIC Records, DSC Records PIN-901277, C/o 56 APO

.... Respondents

For Applicant : Mr Sunil Kumar, Advocate For Respondents : Mr OP Jhajhria, Advocate **CORAM:****HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)****HON'BLE MR. SANJIV MITTAL, MEMBER (A)****ORDER****28.10.2025**

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for directing the Respondent to change the name and date of birth of the Applicant's wife as Kamal Kanwar and 01.01.1948 respectively and endorse the same in PPO and all other service documents.

2. The brief facts of the case are that the Applicant was enrolled in the Army on 18.10.1965 and after rendering more than 15 years of service, he was discharged from Service on 31.10.1980 for which he has been granted Service Pension for life vide PPO No SC/070232/80, wherein name of his wife is endorsed as Smt Kamal Kanwar. Thereafter, the Applicant got re-enrolled in DSC service on 22.09.1983 and after rendering more than 16 years of service, he was discharged from Service on 31.10.1999 for which he has been granted Service Pension for life vide PPO No S/006291/99 wherein name of his wife Smt Kamal Kanwar was not found endorsed. The Applicant made representations and also issued Legal Notice for change of name of his wife as "Smt Kamal Kanwar" and amend date of birth as 01.01.1948 instead of 20.06.1971. Based on the directions of Records office, the Applicant also submitted copies of Aadhar Card and PAN Card through Zila Sainik Kalyan Adhikari wherein the name and date of birth of his wife are mentioned as "Smt Kamal Kanwar" and "01.01.1948" respectively. However, the Respondents rejected his plea vide impugned order dt 14 July 2023 (Annexure A/1). Therefore, the aggrieved Applicant has filed present OA.

3. The Respondents have filed a detailed Reply Statement and have submitted that in the service documents of the Applicant, the name of his wife is recorded as "Smt Kanku Kanwar" and her date of birth is endorsed as 20.06.1971. On discharge of the Applicant from Army Service on 31.10.1980, he was granted Service Pension vide PPO No S/C/20232/80 wherein name of his wife was not endorsed. The Respondents have further submitted that after a thorough investigation of the service documents, it has been observed that the date of birth of his wife, Smt Kanku Kanwar, has erroneously been recorded as 20.06.1971 in his kindred roll portion of sheet roll which can be amended on receipt of mandatory documents from the Applicant. However, complete change of the name and the date of birth will indirectly change the complete identity of his wife.

4. During the course of arguments, Learned Counsel for the Applicant placed on record copy of Additional Directorate General of Manpower (Policy & Planning)/ORO (Coord), Adjutant General's Branch, IHQ of MoD (Army), New Delhi letter No 12656/Gen/T-1/MP 5(B) dt 11.12.2024 and prayed for directing the Respondents to reconsider the matter in the light of the aforesaid letter to which Learned Counsel for the Respondents raised no objection.

5. We have heard learned Counsel for both the parties and perused the material placed on record.

6. Perusal of records reveals that the name of the Applicant's wife is not recorded in the PPO No S/C/20232/80 and the copies of Discharge Books placed on record by the Applicant. However, the Applicant has placed on record copies of Aadhar Card and PAN Card, wherein name of his wife is mentioned as "Smt Kamal Kanwar" with date of Birth as "01.01.1948". Further, as per para 2 of impugned Order dt 14.07.2023, the date of birth of Applicant's wife is recorded as 20.06.1971 based on the declaration made by the Applicant and two witnesses and countersigned by an Officer on 21.09.1971. Moreover, the Respondents have also conceded that after thorough investigation of service documents, it is found that her date of birth was erroneously recorded as 20.06.1971 and the case is under process for amendment of the same. The Respondents have also conceded that in Discharge Certificate, the name of the Applicant's wife has also been mentioned as "Smt Kamal Kanwar" erroneously in his Pension Certificate.

7. Taking into consideration overall facts and circumstances of the case and also the prayer of the Applicant to decide the case in the light of IHQ of MoD (Army) letter dt 11.12.2024, we direct that in case the Applicant makes a fresh representation along with relevant documents with regard to his prayer in the OA within a period of one month from the date of receipt of a certified copy of this Order, the Respondents shall reconsider the same in the light of provisions of IHQ of MoD (Army) letter dt 11.12.2024 and other relevant rules/regulations on the subject within a period of four months thereafter and the outcome thereof shall be intimated to the Applicant.

8. The OA is disposed off accordingly. Miscellaneous Application(s) pending, if any, also stand disposed off.

9. No order on costs.

Sd/- XXX

(SANJIV MITTAL) MEMBER (A)

Sd/- XXX

(GOVERDHAN BARDHAR) MEMBER (J)

Ssy/-