Ex Nk Samsu Khan Kayam Khani vs UOI & Others on 27 November 2025

O R D E R

27.11.2025

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying for directing the Respondents to grant Fixed Medical Allowance (FMA) wef 01/5/1999, ie, from the date of his discharge from service with interest @9% pa.

2. Brief facts of the case as enunciated by the applicant are that the applicant was enrolled in the Army on 29/12/1979 in the Armoured Corps and was discharged from service on 30/4/1998 in the rank of LD. He had rendered 18 years, four months and 3 days of service and was granted service pension for life. He has not availed OPD medical facililties from the service hospital/MI Room and/or CGHS nor is he a member of the ECHS since his discharge from service.

The FMA for ex-servicemen and their families is provided under specific conditions, especially for those residing in areas not covered by ECHS Polyclinics or Armed Forces Hospital to help them to cover basic medical expenses and, thus, the applicant is entitled for grant of FMA in accordance with the existing policy. Under the circumstances, the applicant has filed this OA, praying for relief.

3. The Respondents, in their Reply Statement, while not disputing the basic facts submitted that the applicant was discharged from service on 30/4/1998 under Rule 13 (3) Item III (i) of Army Rules 1954 on completion of his terms of engagement. He had rendered 18 years, four months and one day of service and was granted service pension for life. Further, Govt of India, Ministry of Defence has directed that ex-servicemen who retired after 01/4/2003 have to become member of the ECHS compulsorily and are not eligible for drawing FMA. However, all pre 01/4/2003 retirees have the option of either joining the scheme or draw FMA as per the extant rules and the same has been implemented by the office of PCDA (P) vide their Circular No 451 dated 21/2/2011. On scrutiny of PPO, it is found that the applicant no medical allowance has been notified in the PPO and that it seems that the applicant was not opted medical allowance at the time of his retirement from service. The Respondents have also submitted that the OA has been filed after a huge delay of more than 25 years from the date of discharge of the applicant, which is beyond limitation period and, hence, liable to be dismissed on the grounds of delay and latches.

4. We have heard both the parties and perusal material placed on record.

5. It is a fact that the applicant is a pensioner from the Army service, having been discharged after rendering a little over 18 years of service. It is also a fact that since the applicant was discharged from service prior to introduction of FMA

scheme and he was also not opted medical allowance at the time of his discharge from service. During the course of hearing, counsel for the Respondents has conceded the entitlement of FMA to the applicant, provided he submits the requisite documents to satisfy them as he has so far not submitted any undertaking and/or the required documents to the Respondents.

6. In view of the foregoing, subject to filing the requisite Undertaking/documents to the Respondents/PDA within a period of one month from the date of receipt of a copy of this Order, the Respondents shall pay the FMA to the applicant wef the date of his discharge from service, ie, 01/5/1998 as per the extant rates admissible, in terms of extant rules/policy on the subject. The arrears shall be paid to the applicant six months from the date of receipt of Undertaking/documents by the Respondents/PDA, failing which, applicant shall be entitled to receive interest @6% pa on the arrears till the date of its actual payment.

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

8. Pending application, also stands disposed off.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

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