Ex Hav Satyavir vs UOI & Others on 17 December 2025

O R D E R

17.12.2025

1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for directing the Respondents to grant fixed medical allowance to him from 31.12.1998 to 30.11.2023 and that the arrears be paid along with interest @ 18% per annum.

2. The brief facts of the case as enunciated by the Applicant are that the Applicant was enrolled in the Army on 12.12.1981 and after rendering more than 17 years of service, he was discharged from Service on 31.12.1998 for which he has been granted Service Pension for life wef 01.01.1999 along with a sum of Rs. 100/- pm on account of Fixed Medical Allowance (FMA) vide PPO No S/074447/98 (Army) dt 12.12.1998 through his PDA, ie., State Bank of India, Chirawa, Jhunjhunu (Rajasthan). On submission of personal application dt 18.03.2019 by the Applicant for grant of FMA, Respondent No 2 wrote two letters dt 28.12.2022 and 06.07.2023 to PCDA (Sparsh) requesting for payment of FMA to the Applicant from 01.01.1999 with arrears, if the Applicant had not availed the facilities of ECHS membership. The Applicant submits that after payment of Rs. 30,000/- as membership fee, he has become member of ECHS wef 23.11.2023 and has also got “No Objection Certificate” dt 16.06.2023 issued from ECHS Polyclinic, Chirawa (Jhunjhunu) to the effect that as per records available, the Applicant had not availed ECHS facilities till that date. Despite submission of NOC dt 16.06.2023 issued by ECHS Polyclinic, Chirawa and letters written by Respondent No 2 to PCDA (Sparsh) to the effect that the Applicant has not been granted FMA wef 01.01.1999, the Applicant has not been granted Fixed Medical Allowance to the Applicant for the intervening period from 01.01.1999 to 22.11.2023. Therefore, the aggrieved Applicant has filed present OA.

3. The Respondents (R1-3) have filed detailed Reply Statement. While not disputing the basic facts presented by the Applicant, they have submitted that in terms of Govt of India, Ministry of Defence letter No 1(1)/98/D(Per/Sers) dt 15.06.1998, Armed Forces pensioners and their families are entitled for grant of FMA @ Rs. 100/- per month wef 01.01.1997, subject to submission of an undertaking for opting to medical allowance to the effect that they are entitled to medical facilities at Armed Forces Hospitals/MI Rooms but opted for medical allowance. The rates have further been revised vide Govt of India, Ministry of Defence letter dt 29.08.2017. On the basis of this undertaking, Pension Disbursing Authorities (PDA) shall make an entry with regard to medical allowance in PPO as well as in the Pension Certificate of the individual concerned and entitled for payment of medical allowance. Such an undertaking can be obtained by the concerned Pension Disbursing Authorities, viz, Banks, DPDOs and Treasuries every year along with other certificate which the pensioner is required to furnish. In the event of transfer of pension accounts from one PDA to another, a fresh undertaking has to be given by the pensioner to the new PDA. As and when grant of medical allowance to a pensioner/family pensioner is authorised by the PDA, intimation to this effect shall be sent to the PCDA (P), Prayagraj. On receipt of documents of the Applicant through Zila Sainik Kalyan Karyalaya, Jhunjhunu, the same were forwarded to PCDA (P), Prayagraj for grant of FMA vide letter dt 17.07.2019. The PCDA (Sparsh) was again reminded vide Respondent No-2 letters dt 28.12.2022 and 06.07.2023 to resolve the issue, but the same has not been resolved so far.

4. We have heard Learned Counsels for both the parties and perused the material placed before us.

5. During the course of arguments, Learned Counsel for the Respondents placed on record a copy of PCDA (P) letter No AT/CPPC SBI Jaipur/Legal dt 21.08.2025 clarifying the conditions for grant of FMA, the relevant portion of which reads as under:- “In this connection, it is intimated that as per para 3(A) (ii) (b) of this Office Circular No 165 dt 22.02.2013, the grant of FMA (Fixed Medical Allowance) in respect of pensioners whose PPO is issued after 31.10.1998 have to be notified in the PPO itself. It appears that FMA has not been notified in any PPO.

In this regard, it is submitted that this office notifies the PPO on the basis of LPC cum Data Sheet submitted by the concerned Record Office. Therefore, pensioner may be advised to contact his Record Office to forward LPC cum Data Sheet for notification of Corr. PPO regarding notification of FMA (Fixed Medical Allowance).”

6. It is not in dispute that the Applicant is eligible for grant of FMA from the date of discharge, subject to furnishing of an undertaking to the effect that he has not availed the medical facilities at Armed Forces Hospitals/ MI Rooms along with submission of requisite documents. Perusal of PPO dt 12.12.1998 placed on record reveals that grant of FMA has not been notified in the PPO, which implies that he had not opted for grant of FMA at the time of his discharge. The Applicant has placed on record a copy of “No Objection Certificate” dt 16.06.2023 issued by ECHS Polyclinic, Chirawa (for claiming the Fixed Medical Allowance) duly certifying that no record has been found in respect of the Applicant to have availed ECHS facilities. The PCDA

(P), vide their letter dt 21.08.2025 have clearly stated that it appears that FMA has not been notified in any PPO. Though the Applicant has stated in the OA that he was granted FMA @ 100/- pm vide PPO dt 12.12.1998 but on perusal of the PPO, notification of FMA is not found recorded in the PPO which clearly establishes that the Applicant was not granted FMA from the date of his discharge from service, as claimed by the Applicant.

7. Taking note of overall facts and circumstances of the fact and also the fact that ECHS Polyclinic, Chirawa has issued NOC to the Applicant to the effect that as per the database available in ECHS, the Applicant has not availed ECHS facilities, we direct the Applicant to submit required documents to Respondent No-2 in terms of Para 1 of PCDA (P) letter dt 21.08.2025 for onward submission to PCDA (P) for notification of Corrigendum PPO for grant of FMA within a period of one month from the date of receipt of a certified copy of this Order. On receipt of required documents, Respondents shall decide the case of the Applicant in terms of Circular No 165 dt 22.02.2013 and extant rules/regulations within a period of six months thereafter. 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.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-