form no. 4 order sheet armed forces tribunal, regional …aftlko.up.nic.in/c1 daily order/c1 order...

Form No. 4

{See rule 11(1)} ORDER SHEET

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1

M.A. No. 586 of 2019 Inre O.A. No. Nil of 2019

Ex Sgt Rahul Prakash Applicant By Legal Practitioner for the Applicant

Versus Union of India & Others(Air Force) Respondents By Legal Practitioner for Respondents

Notes of the Registry

Orders of the Tribunal

03.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)

Memo of appearance filed by Shri R.C. Shukla, Advocate on behalf

of respondents is taken on record. His name be shown as learned counsel

for the respondents when the case is listed next.

Present: Shri V.P. Pandey, learned counsel for the applicant and

Shri R.C. Shukla, learned counsel for the respondents.

M.A. No. 586 of 2019

This is an application for condonation of delay filed by the applicant

for fixation of pay. As per office report, it is delayed by more than 12 years

in filing the Original Application.

Learned counsel for the respondents prays for and is granted four

weeks’ time to file objection on the application for condonation of delay.

Replication, if any, may be filed by the learned counsel for the applicant

within two weeks, thereafter.

List this case on 19.08.2019 for orders before Registrar Court.

(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4



EX.A. No. 80 of 2018 Inre R.A. No. 17 of 2011 Inre T.A. No. 288 of 2010

Chhote Lal Petitioner By Legal Practitioner for the Petitioner

Versus Union of India & Others Respondents By Legal Practitioner for Respondents




Present: Shri R. Chandra, learned counsel for the petitioner and Shri

R.C. Shukla, learned counsel for the respondents assisted by Maj Vikas

Sharma Departmental Representative.

Ex.A. No. 80 of 2018

This is an application filed by the petitioner for execution of order

dated 31.07.2012 passed in R.A. No. 17 of 2011 Inre T.A. No. 288 of 2010.

Even after lapse of 7 years, the order under execution has not yet

been complied with.

On the last date, on the request of learned counsel for the

respondents, four weeks time was granted to file compliance report. Even

today absolutely there is no progress towards filing of compliance report

and cost of Rs. 30,000/- has also not been deposited.

Today, again adjournment is prayed and an undertaking is given by

the Departmental Representative that cost imposed shall be deposited

within two weeks.

List this case on 22.08.2019 for filing compliance report by the

respondents, failing which the respondents shall have to deposit additional

cost of 50,000/- in the Registry which shall be paid to the petitioner through

cheque.

The respondents are at liberty to make an inquiry to recover the

amount from the erring officer/official who is respondents for the inordinate

delay in compliance of the order of this Tribunal.


Form No. 4



EX.A. No. 199 of 2018 Inre O.A. No. 245 of 2016

Dhirendra Nath Singh Applicant By Legal Practitioner for the Applicant





Present: Shri Anand Saran, learned counsel for the applicant and

Shri Arun Kumar Sahu, learned counsel for the respondents.

Ex.A. No. 199 of 2018

This is an application filed by the applicant for execution of order

dated 06.12.2017 passed in O.A. No. 245 of 2016.

On the last date, on the request of learned counsel for the

respondents, four weeks time was granted to file compliance report. Even

today there is no progress towards filing of compliance report and cost of

Rs. 10,000/- has also not been deposited.

Today, again four weeks further time is prayed by the respondents to

file compliance report.


respondents, failing which the respondents shall have to pay cost of

30,000/- in the Registry which shall be paid to the applicant through

cheque.


Form No. 4




Rajit Ram Pandey Applicant By Legal Practitioner for the Applicant





Present: Shri R. Chandra, learned counsel for the applicant and Shri

Ashish Kumar Singh, learned counsel for the respondents.

Ex.A. No. 49 of 2019

This is an application filed by the applicant for execution of order dated

23.08.2018 passed in O.A. No. 171 of 2018.

It is submitted on behalf of the respondents that ePPO has been issued

and despatched to the concerned CPPC and bank and the CPPC and the

bank is not crediting the amount in the account of the applicant.

A print out, taken from the pension inquiry help line website of CGDA

was produced before the Tribunal as evidence of despatch of ePPO.

However, we noticed that this print out was an inadequate evidence of

despatch because it neither had date of despatch nor the address of

despatch.

Learned counsel for the applicant has stated that applicant has not

received any payment till date. Therefore, we hereby direct the respondents to

produce credible evidence as to what was the date of issue of ePPO and on

what date and to which address it was despatched.

A representative from PCDA (P) Allahabad informed that ePPOs are

sent to record offices and further despatch to applicant is the responsibility of

record office. We would like to know the details and evidence of receipt and

despatch of ePPO from the concerned record office also.


respondents, failing which the respondents shall have to pay cost of 10,000/-

in the Registry which shall be paid to the applicant through cheque.

A copy of the order is to be given to the respondents for onward

transmission.


Form No. 4



M.A. No. 104 of 2018 with M.A. No. 105 of 2018 Inre T.A. No. 123 of 2010

Jayant Ram Verma Petitioner By Legal Practitioner for the Petitioner





Present: Shri Yashpal Singh, learned counsel for the petitioner and

Shri Shyam Singh, learned counsel for the respondents.

Learned counsel for the applicant prays for adjournment of the case.

As prayed, the case is adjourned for the day.

List this case on 22.08.2019 for orders.


Form No. 4




Smt Urmila Devi Applicant By Legal Practitioner for the Applicant





Present: Shri A.K. Singh, learned counsel for the applicant and Shri

Kaushik Chatterji, learned counsel for the respondents.

Learned counsel for the applicant prays for time to take steps to

amend the prayer clause.



Form No. 4




Ram Bhajan Applicant By Legal Practitioner for the Applicant





Present: Shri R.N. Tripathi, learned counsel for the applicant and Dr.

Shailendra Sharma Atal, learned counsel for the respondents.

Learned counsel for the applicant prays for time for better

preparation of the case.



Form No. 4



M.A. No. 170 of 2019 with M.A. No. 171 of 2019 Inre M.A. No. 1916 of 2015

Ex Sigmn Bal Krishan Tripathi Applicant By Legal Practitioner for the Applicant





Present: Shri Manoj Kumar Awasthi, learned counsel for the

applicant and Ms. Anju Singh, learned counsel for the respondents.

Learned counsel for the applicant prays for adjournment of the case.

As prayed, the case is adjourned for the day.



Form No. 4



O.A. No. 499 of 2018 with M.A. No. 1971 of 2018

Smt Anita Singh Applicant By Legal Practitioner for the Applicant





Present: Shri Vinay Pandey, learned counsel for the applicant and

Shri Asheesh Agnohotri, learned counsel for the respondents.

Learned counsel for the applicant prays for further time to file reply to

the objection on amendment application, filed by the respondents.



Form No. 4



O.A. No. 562 of 2018

Rajvir Singh Applicant By Legal Practitioner for the Applicant





Present: Shri Pankaj Kumar Shukla, learned counsel for the

applicant and Shri Shyam Singh, learned counsel for the respondents.

Counter affidavit filed by learned counsel for the respondents, today in

the Court is taken on record.

Heard learned counsel for the parties.

Arguments concluded.

Order reserved.


Form No. 4



O.A. No. 577 of 2018

Ex Sub Shiv Prasad Mishra Applicant By Legal Practitioner for the Applicant





Present: Shri Abhay Raj Singh, learned counsel for the applicant and

Ms. Anju Singh, learned counsel for the respondents.

Learned counsel for the applicant prays for and is granted four weeks

time to file rejoinder affidavit.

List this case on 08.08.2019 for orders before Registrar Court.


Form No. 4 {See rule 11(1)} ORDER SHEET


M.A. No 1180 of 2018 inre O.A. No Nil of 2018

Basant Pawar Vaman Applicant By Legal Practitioner for the Applicant




03.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Present: None for the applicant and Dr. Shailendra Sharma Atal,

Ld. Counsel for the respondents.

The case was taken up in the revised list. None is present on

behalf of the applicant.

A perusal of the order sheet shows that the case was listed on

30.05.2019 before the Registrar Court. Even on said date none appeared

for the applicant and reply to objection on application for condonation of

delay filed by the respondents was not filed by the applicant inspite of

granting last opportunity to file the same on 07.05.2019. The reply to

objection has yet not been filed.

It appears that the applicant is not interested to pursue the case.

Accordingly, application for condonation of delay is rejected and

as a consequence to it, O.A. is dismissed.

(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) UKT/-



O.A. No. 578 of 2018

Dinesh Chand Tiwari Applicant By Legal Practitioner for the Applicant





Present: Applicant in person. Maj Atul Gupta, OIC, Legal Cell for

the respondents.

In this case the applicant has made a prayer for grant of MACP-II.

During pendency of the case corrigendum PPO has been issued and

certain reliefs were given to the applicant. However, the applicant submits

that amount due to him has not been given.

He is directed to file objection as to what amount he is entitled

which was not granted in his favour while issuing the corrigendum PPO.





O.A. No. 125 of 2019

Pradeep Kumar Applicant By Legal Practitioner for the Applicant





Present: Col. A.K. Srivastava (Retd.), Ld. Counsel for the applicant

and Dr. S.N. Pandey, Ld. Counsel for the respondents.

Learned counsel for the respondents prays for and is granted

further time to file counter affidavit.

List this case on 07.08.2019 before Registrar Court for exchange

of pleadings.




O.A. No. 126 of 2019

Raj Narain Tiwari Applicant By Legal Practitioner for the Applicant





Present: Shri Yashpal Singh, Ld. Counsel for the applicant and

Shri R.K.S. Chauhan, Ld. Counsel for the respondents.

Adjournment is prayed for on behalf of the respondents to file

counter affidavit.

The case is accordingly adjourned.

List this case on 07.08.2019 for orders before Registrar Court for

exchange of pleadings.




O.A. No. 129 of 2019

Raj Kumar Singh Applicant By Legal Practitioner for the Applicant





Present: Shri S.G. Singh, Ld. Counsel for the applicant and Ms.

Appoli Srivastava, Ld. Counsel for the respondents.


counter affidavit.







O.A. No. 174 of 2019

Ex. Nk. Raj Bahadur Applicant By Legal Practitioner for the Applicant





Present: Shri Pankaj Kumar Shukla, Ld. Counsel for the applicant

and Shri Arun Kumar Sahu, Ld. Counsel for the respondents.


counter affidavit.







O.A. No. 202 of 2019

Ex. Sep. Jiledar Singh Applicant By Legal Practitioner for the Applicant





Present: Shri Rohitash Kumar Sharma, Ld. Counsel for the

applicant and Shri Shyam Singh, Ld. Counsel for the respondents.


counter affidavit.







O.A. No. 295 of 2019 along with T.A. No. 42 of 2013 (Decided)

Ex. Sep. Vijay Kumar Verma Applicant By Legal Practitioner for the Applicant

Versus Chief of Army Staff & Others Respondents By Legal Practitioner for Respondents




Present: Sri P.K. Shukla, Advocate holding brief of Shri Virat

Anand Singh, Ld. Counsel for the applicant and Mohd. Zafar Khan, Ld.

Counsel for the respondents.

Sri P.K. Shukla states that learned counsel for the applicant is not

available today and prays for adjournment.

Accordingly, the case is adjourned.





O.A. (A) No. 370 of 2018

Ex. Sub. Maj. Liladhar Appellant By Legal Practitioner for the Appellant





Present: Shri Yashpal Singh, Ld. Counsel for the appellant and

Shri Namit Sharma, Ld. Counsel for the respondents.

Learned counsel for the appellant prays for further time to file reply

objection filed by the respondents on application for bail.





O.A. No. 262 of 2017

Sub. Sanjay Kumar Kushwaha Applicant By Legal Practitioner for the Applicant





Present: Shri Shailendra Kumar Singh, Ld. Counsel for the

applicant and Shri Amit Jaiswal, Ld. Counsel for the respondents.

Learned counsel for the respondents prays for adjournment to

enable him to prepare the case.

The case is adjourned accordingly.

List this case on 16.08.2019 for further hearing.

On the date fixed Ld. Counsel for the respondents shall produce

the original documents pertaining to the case for perusal of the Bench.




O.A. No. 247 of 2015

Meera Devi Applicant By Legal Practitioner for the Applicant





Present: Shri Sharad Nandan Ojha, Ld. Counsel for the applicant

and Shri Amit Jaiswal, Ld. Counsel for the respondents.

Learned counsel for the applicant prays for adjournment to enable

him to file affidavit in pursuance to our order dated 22.04.2019.


List this case on 23.08.2019 for hearing.






O.A. No. 23 of 2018

Gopal Chandra Mishra Applicant By Legal Practitioner for the Applicant





Present: Shri Manish Mani Sharma, Ld. Counsel for the applicant

and Dr. Shailendra Sharma Atal, Ld. Counsel for the respondents.

In this case, the applicant has approached this Tribunal for grant

of disability pension. However, neither the applicant not the respondents

have brought on record the medical documents relating to the applicant. In

the absence of said documents, the case cannot be disposed of.



the original document including medical documents relating to the applicant

for perusal of the Bench.




O.A. No. 118 of 2018

D.S. Jasrotia Applicant By Legal Practitioner for the Applicant





Present: Shri R. Chandra, Ld. Counsel for the applicant and Shri

Arun Kumar Sahu, Ld. Counsel for the respondents.



Order is reserved.




O.A. No. 566 of 2018

Shailendra Pratap Singh Applicant By Legal Practitioner for the Applicant





Present: Shri Sudhir Kumar Singh, Ld. Counsel for the applicant

and Shri R.C. Shukla, Ld. Counsel for the respondents.



Order is reserved.


Form No. 4



M.A. No.184 of 2019 Inre : T.A. No.1214 of 2010 Dharmendra Pratap Singh Petitioner By Legal Practitioner for the Petitioner






petitioner and Dr Shailendra Sharma Atal, learned counsel for the

respondents.

M.A. No.184 of 2019

This is an application for correction of the order dated 15th

April 2012.

It is stated that in the order, the date of pronouncement of the

order is mentioned as 15th April 2012 in place of 15th April 2013. The

mistake is apparent from the face of record.

Accordingly, the application is allowed and the original order

is corrected accordingly.

(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) PKG

Form No. 4



M.A. No. 296 of 2019 with M.A.No.588 of 2019 Inre : O.A. No. 612 of 2017

Ex Gnr CK Shrivastava Applicant By Legal Practitioner for the Applicant





Present: Shri Thakur Balram Ji Srivastava, learned counsel

for the applicant and Shri Amit Jaiswal, learned counsel for the

respondents.

M.A. No. 296 of 2019

The applicant is praying for execution of the order dated

28.08.2018 passed in O.A.No.612 of 2017, but instead of moving an

application for execution, he has moved Misc. Application, which is

numbered as M.A.No.296 of 2019.

Registry is directed to register this Misc. Application as Ex.

Application.





O.A. No. 55 of 2015 with M.A.No.1286 of 2018 Jitendra Singh Applicant By Legal Practitioner for the Applicant

Versus Air Officer Commanding 17 Wing Air Force Stn Gorakhpur & Others Respondents By Legal Practitioner for Respondents




Memo of appearance filed by Shri Mohd Zafar Khan,

Advocate on behalf of the respondents is taken on record. His name

be shown as learned counsel for the respondents, when the case is

next listed.

Present: Shri RN Tripathi, learned counsel for the applicant

and Shri Mohd Zafar Khan, learned counsel for the respondents.

In this case, the applicant has made the following reliefs :

“(a) An order or direction commanding the respondent no.4 to

cancel or postpone the discharge order passed by him annexed as Annexure

No.A-1 to this OA and informing the OP No.1 through the fatest means like

signal etc.

(b) To prohibit the OP No.1 from relieving the petitioner from the

duties of the Air Force otherwise the life and career of the petitioner will be

jeopardized.

(c) Any other or further order or direction which this Hon’ble Court

may deem just, fit and proper in the circumstances of the case.”

Admittedly, the order of discharge has been executed in the

year 2015 and the applicant has been discharged from service on

28.02.2015, therefore, in view of the prayers made by the applicant,

no cause of action survives and this O.A. has become infructuous.

Accordingly, this O.A. is dismissed as infructuous.

However, the applicant may seek any other remedy which is

available to him, in accordance with law.




O.A. No. 604 of 2017 Hony Flt Lt Darshrath Singh (Retd) Applicant By Legal Practitioner for the Applicant

Versus Union of India & Others (Air Force) Respondents By Legal Practitioner for Respondents




Present: Shri Ajit Singh Gaherwar, learned counsel for the

applicant and Dr Gyan Singh, learned counsel for the respondents.

Learned counsel for the applicant prays for adjournment of

the case.

In the interest of justice, the case is passed over for the day.





O.A. No. 100 of 2018 Surendra Pal Verma Applicant By Legal Practitioner for the Applicant





Present: Shri Tej Singh, learned counsel for the applicant

and Dr Gyan Singh, learned counsel for the respondents.

In this case, earlier letter petition was sent by the applicant,

which was registered as O.A.No.100 of 2018 and later on another

letter petition was also sent by the applicant, which was also

registered as O.A.No.211 of 2018. Both the letter petitions sent by

the applicant were on the same relief for grant of disability pension.

The applicant during the pendency of these O.As. has also died.

When we asked the learned counsel for the applicant that

same prayer is not maintainable in two separate O.As., then he

submitted that it has been ordered by the Tribunal. When both these

letter petitions came before the Registry, it was administratively

ordered to register these O.As., but two separate O.As. are not

maintainable on the same prayer.

Learned counsel for the applicant is hereby directed not to

press one of the two O.As.





O.A. No. 211 of 2018 alongwith O.A.No.100 of 2018 Surendra Pal Verma Applicant By Legal Practitioner for the Applicant





Present: Shri Tej Singh, learned counsel for the applicant

and Dr Gyan Singh, learned counsel for the respondents.


For orders, see our order of date passed in the order sheet of

O.A.No.100 of 2018.




O.A. No. 127 of 2018 Santosh Kumar Singh Applicant By Legal Practitioner for the Applicant





Present: Shri Yashpal Singh, learned counsel for the

applicant and Dr Shailendra Sharma Atal, learned counsel for the

respondents.

Even after availing several opportunities, learned counsel for

the applicant has not filed the rejoinder affidavit. Therefore,

opportunity to file the rejoinder affidavit is hereby closed.


On the date fixed, respondents shall produce the original

record pertaining to the case.




O.A. No. 147 of 2018 Krishna Kumar Singh Applicant By Legal Practitioner for the Applicant





None appears for the applicant.

Present: Shri Shyam Singh, learned counsel for the

respondents.

This case was directed to be listed for hearing, but it was

listed for orders.







O.A. No. 325 of 2018 Sachchida Nand Tiwari Applicant By Legal Practitioner for the Applicant





Present: Shri KP Dutta, Advocate holding brief of Shri

Parijaat Belaura, learned counsel for the applicant and Shri Namit

Sharma, learned counsel for the respondents.

Shri KP Dutta, Advocate holding brief, prays for adjournment

on the ground of non availability of the learned counsel for the

applicant.





O.A. No. 387 of 2018 Ex AC (U/T) Krishna Pratap Singh Applicant By Legal Practitioner for the Applicant

Versus Union of India & Others (Air Force) Respondents By Legal Practitioner for Respondents




Present: Shri SK Singh, learned counsel for the applicant

and Shri Arun Kumar Sahu, learned counsel for the respondents.

Learned counsel for the parties submits that the pleadings are

complete and the case is ripe for hearing.







O.A. No. 413 of 2018 Bashistha Singh Applicant By Legal Practitioner for the Applicant





Present: Shri Girish Tiwari, learned counsel for the applicant

and Shri Rajiv Pandey, learned counsel for the respondents.









O.A. No. 491 of 2018 Sep Sunil Kumar Applicant By Legal Practitioner for the Applicant





Present: Shri Vikas Singh Chauhan, learned counsel for the

applicant and Shri Amit Jaiswal, learned counsel for the

respondents.







Form No. 4



O.A. No. 363 of 2019

Ex Hav Hari Ram Applicant By Legal Practitioner for the Applicant

Versus Second Appellate Committee on Pensions (SACP) Respondents Additional Director General of Personal Services AG’s Branch, IHQ, New Delhi By Legal Practitioner for Respondents




Memo of appearance filed by Dr. Shailendra Sharma Atal, Advocate

on behalf of respondents is taken on record. His name be shown as learned

counsel for the respondents when the case is listed next.

Present: Shri Rohit Kumar, learned counsel for the applicant and Dr.


In this case, learned counsel for the respondents has pointed out

some error in the prayer clause.

Learned counsel for the applicant prays for and is granted 3 days

time to take steps to amend the prayer clause in the O.A.



Form No. 4



O.A. No. 364 of 2019

Ex Hav Mohd Nizamuddin Applicant By Legal Practitioner for the Applicant





Memo of appearance filed by Shri Yogesh Kesarwani, Advocate on

behalf of respondents is taken on record. His name be shown as learned


Present: Shri Rohit Kumar, learned counsel for the applicant and

Shri Yogesh Kesarwani, learned counsel for the respondents.

O.A. No. 364 of 2019

This Original Application has been filed by the applicant for grant of

promotion to the next higher rank. The matter needs to be adjudicated.

Admit.


weeks’ time to file counter affidavit. Rejoinder affidavit, if any, may be filed

by learned counsel for the applicant within two weeks, thereafter.

List this case on 20.08.2019 before Registrar Court for exchange of

pleadings.


Form No. 4



O.A. No. 365 of 2019

Ex L Nk Ranveer Singh Applicant By Legal Practitioner for the Applicant





Memo of appearance filed by Shri Shyam Singh, Advocate on behalf

of respondents is taken on record. His name be shown as learned counsel

for the respondents when the case is listed next.


Shri Shyam Singh, learned counsel for the respondents.

O.A. No. 365 of 2019

In this case, the applicant has challenged his dismissal from service

after a period of 17 years who was declared deserter and dismissed from

service in the year 2002. The applicant moved a statutory complaint dated

31.05.2018.

Today, learned counsel for the applicant submitted that direction to

be issued to the respondents to decide the pending statutory complaint of

the applicant.

We do not find any substance in the submission of the learned

counsel for the applicant since the applicant was dismissed in the year

2002, hence there is delay of 17 years in challenging the dismissal order,

therefore, the applicant is directed to move an application for condonation

of delay in filing the Original Application.



Form No. 4



O.A. No. 366 of 2019

Ex Nk Saroj Kumar Mishra Applicant By Legal Practitioner for the Applicant





Memo of appearance filed by Shri Bhanu Pratap Singh, Advocate on

behalf of respondents is taken on record.


Shri Bhanu Pratap Singh, learned counsel for the respondents.

O.A. No. 366 of 2019

This Original Application has been filed by the applicant with the

prayer to decide his statutory first appeal dated 15.11.2018 which is

pending with the respondents.

With the consent of learned counsel for the parties, we hereby

dispose of the O.A. finally with the direction to the respondents to decide

the statutory first appeal of the applicant dated 15.11.2018 by a speaking

and reasoned order in accordance with law, if not already decided, within a

period of three months from the date of receipt of copy of this order and

communicate the decision to the applicant accordingly.

With the aforesaid direction, the Original Application is disposed of

finally.

Let a copy of this order be provided to learned counsel for the

respondents within 48 hours, free of cost for onward transmission.


Form No. 4




Ex Naik Rajbir Singh Bhadouria Applicant By Legal Practitioner for the Applicant





Present: Shri R. Chandra, learned counsel for the applicant and Dr.


Ex.A. No. 70 of 2019

This is fresh application filed by the applicant for execution of order



weeks time to seek instructions from the authority concerned and to file

compliance report.



Form No. 4




Ex Gnr Ratan Maity Applicant By Legal Practitioner for the Applicant

Versus The CO Respondents By Legal Practitioner for Respondents




Memo of appearance filed by Shri Ashish Kumar Singh, Advocate on

behalf of respondents is taken on record. His name be shown as learned



Shri Ashish Kumar Singh, learned counsel for the respondents.

Ex.A. No. 71 of 2019

This is fresh application filed by the applicant for execution of order



weeks time to seek instructions from the authority concerned and to file

compliance report.



Form No. 4



M.A. No. 582 of 2019 Inre O.A. No. 124 of 2018

Ex Hav (Hony Nb Sub) Ram Dhiraj Singh Kushwaha Applicant By Legal Practitioner for the Applicant





Present: Shri Vijay Kumar Pandey, learned counsel for the applicant

and Ms. Appoli Srivastava, learned counsel for the respondents.

M.A. No. 582 of 2019

This is an application for correction of order dated 30.05.2019

passed by this Tribunal in O.A. No. 124 of 2018.

The grievance of the applicant is that this Tribunal has taken different

grounds in Para 6 (a) to (i) of the order dated 30.05.2019 passed in O.A.

No. 124 of 2018 which ought to have been mentioned as per grounds

mentioned in O.A.

Heard learned counsel for the applicant on correction application.

We do not find any substance in the correction application to correct

the order dated 30.05.2019. Hence, application for correction of order is

rejected.


Form No. 4



EX.A. No. 192 of 2018 with M.A. No. 412 of 2019 Inre T.A. No. 388 of 2010

Brijesh Kumar Singh Petitioner By Legal Practitioner for the Petitioner


Alongwith R.A. No. 25 of 2019 with M.A. No. 411 & 310 of 2019 Inre T.A. No. 388 of 2010

Union of India & Others Petitioners-respondents By Legal Practitioner for the Petitioners-respondents

Versus Brijesh Kumar Singh Respondent-petitioner By Legal Practitioner for Respondent-petitioner




Present: Shri Ashok Kumar, learned counsel for the petitioner and Shri

Asheesh Agnihotri, learned counsel for the respondents.

R.A. No. 25 of 2019

Learned counsel for the petitioners-respondents submits that he wants

to move correction application instead of review application and prays that this

review application be dismissed as withdrawn with liberty to move correction

application within two days.

Accordingly, Review Application No. 25 of 2019 is dismissed as

withdrawn with liberty to move correction application.



Form No. 4



Ex.A. No. 72 of 2019 Inre : O.A. No. 579 of 2018

Smt Kalindi Devi (wife of Late Gdsm Manoj Kumar Chaturvedi) Applicant By Legal Practitioner for the Petitioner





Memo of appearance filed by Dr Chet Narayan Singh,

Advocate on behalf of the respondents is taken on record. His name

be shown as learned counsel for the respondents, when the case is

next listed.

Present: Shri Rojit Kumar, learned counsel for the applicant

and Dr Chet Narayan Singh, learned counsel for the respondents.

Ex.A. No. 72 of 2019

This is an application for execution of the order dated

05.12.2018 passed in O.A.No.579 of 2018, whereby a direction was

given to the respondents to decide the pending statutory appeal of

the applicant dated 31.01.2017 by a speaking and reasoned order.

On behalf of the respondents, it is submitted that the said

statutory appeal of the applicant has already been decided by the

respondents by a speaking order dated 13th February 2019. A copy

of the same has also been given to the learned counsel for the

applicant today in court itself.

Since the order under execution has already been complied

with, therefore, this Ex. Application has rendered infructuous.

It is accordingly dismissed as infructuous.




Ex.A. No. 205 of 2018 Inre : T.A. No. 671 of 2010 Ex Sub Umakant Mishra Petitioner By Legal Practitioner for the Petitioner





Present: Ex Sub Umakant Mishra, Petitioner in person and

Shri DK Pandey, learned counsel for the respondents.

The petitioner, who is present in person, prays for and is

granted four weeks’ further time to file objection against the PPO.





Ex.A. No. 215 of 2018 Inre : T.A. No. 75 of 2011 Ex Swr Ashok Kumar Petitioner By Legal Practitioner for the Petitioner





Present: Shri Bachchan Singh, learned counsel for the

petitioner and Major Atul Gupta, Departmental Representative.

Today Major Atul Gupta, Departmental Representative submits

that SLP has been filed against the order under execution before the

Hon’ble Apex Court. He prays for further time to seek instructions

regarding the present status of the said SLP. It is also submitted that

cost of Rs.20,000/- imposed on the last date, shall be deposited

positively before the date fixed.

In case the execution of the order has not been stayed by the

Hon’ble Apex Court in the said SLP, then the compliance report shall

be filed by the respondents before the date fixed, failing which the

respondents shall have to deposit cost of Rs.25,000/- in the Registry,

which shall be paid to the petitioner through cheque,





M.A. No. 1343 of 2018 Inre : O.A. No. Nil of 2018 Sardar Singh Tomar Applicant By Legal Practitioner for the Applicant





Present: Shri KK Misra, learned counsel for the applicant

and Shri Adesh Kumar Gupta, learned counsel for the respondents.

M.A.No. 1343 of 2018

This is an application for condonation of the delay in filing the

O.A., which as per office report, is delayed by more than 12 years.

Objection and reply to objection have already been

exchanged. Accordingly, the application is allowed and the delay in

filing the O.A. is hereby condoned.

By means of this O.A, the applicant has prayed for grant of

pension to the rank of Naib Subedar, which is a recurring cause of

action.

Admit.

Let the case be registered as O.A.


four weeks’ time to file counter affidavit. Rejoinder affidavit, if any,

may be filed within two weeks thereafter.

List this case on 19.08.2019 for exchange of pleadings before

the Registrar Court.




M.A. No. 1475 of 2018 Inre : O.A. No. Nil of 2018 Ex Rect Yakoob Ali Applicant By Legal Practitioner for the Applicant





Present: Shri Shyam Sunder Bajpai, Advocate holding brief of

Shri Dharam Raj Singh, learned counsel for the applicant and Dr


Shri Shyam Sunder Bajpai, Advocate holding brief, pays for

adjournment on the ground of non availability of the learned counsel

for the applicant.






M.A. No. 1562 of 2018 Inre : O.A. No. Nil of 2018 Ex Sep (Reservist) Abdul Aziz Applicant By Legal Practitioner for the Applicant






applicant and Dr Shailendra Sharma Atal, learned counsel for the

respondents.

M.A. No. 1562 of 2018







regular service pension (Reservist Army Person), which is a

recurring cause of action.

Admit.










M.A. No. 1853 of 2018 Inre : O.A. No. Nil of 2018

Smt Akhtarul Nisha Wife of Gnr (Late) Mohd Aneesh Khan Applicant By Legal Practitioner for the Applicant





Present: Shri Ravi Yadav, Advocate holding brief of Dr

Ashish Asthana, learned counsel for the applicant and Dr Shailendra

Sharma Atal, learned counsel for the respondents.

Shri Ravi Yadav, Advocate holding brief, pays for adjournment

on the ground of non availability of the learned counsel for the

applicant.






M.A. No. 1858 of 2018 Inre : O.A. No. Nil of 2018 Ex Hav (Hony Nb Sub) Raj Pal Singh Applicant By Legal Practitioner for the Applicant





Present: Shri KK Misra, learned counsel for the applicant

and Shri DK Pandey, learned counsel for the respondents.

M.A. No. 1858 of 2018







pension to the rank of Naib Subedar, which is a recurring cause of

action.

Admit.










M.A. No. 10 of 2019 Inre : O.A. No. Nil of 2019 Ex Rect Jitendra Yadav Applicant By Legal Practitioner for the Applicant





Present: Col YR Sharma (Retd), learned counsel for the

applicant and Shri RC Shukla, learned counsel for the respondents.

By means of this O.A., the applicant was discharged from

service on 16.12.2016 on account of lodging a criminal complaint

against him under various sections of Dowry Act by the wife of elder

brother of the applicant.

Learned counsel for applicant prays for and is granted four

weeks’ time to inform the court about the present status of the said

criminal case.





M.A. No. 143 of 2019 Inre : O.A. (A) No. (Nil) of 2018

Ex. Gnr. Naresh Kumar Sharma Applicant By Legal Practitioner for the Applicant





Case called out.

Present: Dr. Shailendra Sharma Atal, Ld. Counsel for the

respondents.

None is present on behalf of the applicant.

In the interest of justice case is adjourned.


(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) AKD/UKT/-



O.A. No. 145 of 2015

Lt. Col. Pawan Kumar Gaur Applicant By Legal Practitioner for the Applicant





Case called out.

Present: Ms. Appoli Srivastava, Ld. Counsel for the respondents.

None is present on behalf of the applicant.

Perusal of order-sheet shows that none is appearing on behalf of

the applicant from the last several dates. It appears that the applicant is not

interested to pursue the case.

In view of above, the Original Application No. 145 of 2015 is

dismissed for want of prosecution.




O.A. No. 654 of 2017

Bharat Singh Applicant By Legal Practitioner for the Applicant





Present: Shri Vinay Pandey, Advocate holding brief of Shri A.B.

Solomon, Ld. Counsel for the applicant and Shri Rajiv Pandey, Ld. Counsel

for the respondents.

Brief holder appearing on behalf of the Ld. Counsel for the

applicant prays for adjournment. Accordingly, the case is adjourned.





O.A. No. 416 of 2018

Gulab Prasad Applicant By Legal Practitioner for the Applicant





Present: Shri Vinay Pandey, Ld. Counsel for the applicant and Dr.

Shailendra Sharma Atal, Ld. Counsel for the respondents.

Ld. Counsel for the applicant submits that he does not intend to

file Rejoinder Affidavit and prays that the case may be listed for hearing.







O.A. No. 484 of 2018 with M.A. No. 584 of 2019 and M.A. No. 113 of 2019

Nb. Sub. Jagbhan Singh Tomar Applicant By Legal Practitioner for the Applicant





Present: Shri J.N. Mishra, Ld. Counsel for the applicant and Shri

G.Sikarwar , Ld. Counsel for the respondents.

M.A. No. 584 of 2019

Heard on amendment application.

It is submitted by the Ld. Counsel for the applicant that earlier he

has challenged the Medical Board proceedings, but, subsequently during

the pendency of Original Application the applicant was discharged from

service. Therefore, he wants to challenge the discharge order of the

applicant by making amendment in the Original Application. The proposed

amendments shall not change the nature of the case.

The amendment application is allowed.

Ld. Counsel for the applicant is directed to incorporate the

amendment within ten days.

Amended copy of the Original Application shall be provided to the

Ld. Counsel for the respondents, who may file the Counter Affidavit to the

amended portion of the Original Application.





O.A. No. 580 of 2018

Lt. Col. K.V. Gopalakrishna Iyer (Retd.) Applicant By Legal Practitioner for the Applicant





Present: Col. Y.R. Sharma (Retd.), Ld. Counsel for the applicant


In this case on behalf of the respondents a Preliminary Objection

regarding the maintainability of this Original Application has been raised.

Ld. Counsel for the applicant prays for time to seek instruction and

to file the case laws of the Coordinate Bench in support of his case.





O.A. No. 588 of 2018

Smt. Shiv Kumari Applicant By Legal Practitioner for the Applicant






and Shri A.N. Tripathi, Ld. Counsel for the respondents.

Ld. Counsel for the respondents submits that the Counter Affidavit

has been prepared and the same has been sent to the respondents for

vetting.

List this case on 07.08.2019 before the Registrar for exchange of

pleadings.




O.A. No. 598 of 2018

Ex. AC (U/T) Manish Kumar Applicant By Legal Practitioner for the Applicant





Present: Shri Manoj Kumar Awasthi, Ld. Counsel for the applicant


In this case a Preliminary Objection has been raised by the Ld.

Counsel for the respondents on the ground of maintainability of Original

Application as the applicant earlier has filed Original Application No. 1283 of

2015 before the Armed Forces Tribunal, Regional Bench, Chandigarh. It is

submitted by the respondents that the same was dismissed as withdrawn

without liberty to move afresh Original Application. The order dated

01.08.2018 passed by the Armed Forces Tribunal, Regional Bench,

Chandigarh is as under :-

“After arguing the matter for quite some time, learned counsel

for the applicant states that this OA be dismissed as

withdrawn as the applicant intends to approach the

respondents.

Dismissed as withdrawn.”

By means of this Original Application the applicant has prayed for

same relief after seeking the alternative remedy by approaching the

respondents. The applicant has preferred the Second Appeal for redressal

of his grievance in September 2018. It is submitted that the same is

pending and till date no decision has been taken by the respondents. Ld.

Counsel for the applicant submits that this Original Application may be

disposed of with the direction to the respondents to decide his Second

Appeal.

Accordingly, with the consent of Ld. Counsel for both the parties,

Original Application No. 598 of 2018 is disposed off with the direction to

the respondents to decide the pending Second Appeal dated September

2018 of the applicant by a reasoned and speaking order, if the same has

been received by the respondents and has not yet been decided. The

Second Appeal be decided within a period of three months from the receipt

of a certified copy of this order and communicate the outcome to the

applicant.

Let a copy of this order be provided to the Ld. Counsel for both the

parties free of cost within forty-eight hours.




O.A. No. 602 of 2018

Smt. Betee Devi Widow of Sep. (Late) Dasharat Singh Applicant By Legal Practitioner for the Applicant





Present: Shri Bachchan Singh, Ld. Counsel for the applicant and

Dr. Shailendra Sharma Atal, Ld. Counsel for the respondents.

Ld. Counsel for the applicant prays for further time to incorporate

the amendment.


Meanwhile the Ld. Counsel for applicant shall incorporate the

amendment and take steps for issuance of notice.




O.A. No. 131 of 2019

Ex. Sub. Vijay Prasad Applicant By Legal Practitioner for the Applicant





Present: Shri R. Chandra, Ld. Counsel for the applicant and Shri

A.N. Tripathi, Ld. Counsel for the respondents.

This Original Application has been filed by the applicant for grant

of benefit of rounding off of disability pension from 50% to 75%. As per the

existing Government of India policy letter dated 23.01.2018 and Principal

Controller of Defence Accounts (P) Circular No. 596 dated 09.02.2018

benefit of rounding off disability pension has to be extended to the applicant

w.e.f. 01.01.2016. We fail to understand that despite a clear cut

Government policy on extending the benefit of rounding off w.e.f.

01.01.2016 and also a clear Government directive on reducing litigation,

why the respondents are contesting this case and not extending the benefit

to the applicant as per Government policy. In this situation it is surprising

that Ld. Counsel for the respondents is insisting that he may be given time

to file Counter Affidavit. We fail to understand as to what purpose will be

served by filing a Counter Affidavit by the respondents. However, on the

request of Departmental Representative, we are granting a short

adjournment in this case.





O.A. No. 134 of 2019

Prabhunath Singh Applicant By Legal Practitioner for the Applicant





Present: Shri Satendra Kumar Singh, Ld. Counsel for the applicant


Ld. Counsel the respondents prays for time to file Counter

Affidavit.

List this case on 08.08.2019 before the Registrar Court for





O.A. No. 198 of 2019

Ex. WO Chandra Bhan Tripathi Applicant By Legal Practitioner for the Applicant





Present: Shri Virat Anand Singh, Ld. Counsel for the applicant and

Ms. Anju Singh, Ld. Counsel for the respondents.

Ld. Counsel for the respondents prays for time to file Counter

Affidavit.

List this case on 06.08.2019 before the Registrar for exchange of

pleading.




O.A. No. 249 of 2019

Ex. WO Chhedi Singh Rathor Applicant By Legal Practitioner for the Applicant





Present: Shri R. Chandra, Advocate holding brief of Shri Yashpal

Singh, Ld. Counsel for the applicant and Shri Namit Sharma, Ld. Counsel



applicant prays for adjournment to file Rejoinder Affidavit. Accordingly, the

case is adjourned.

List this case on 06.08.2019 before the Registrar Court for





O.A. No. 548 of 2017

Satyapal Singh Applicant By Legal Practitioner for the Applicant





Present: Shri K.K. Singh Bisht, Ld. Counsel for the applicant and

Shri Anurag Mishra, Ld. Counsel for the respondents.

Ld. Counsel for the applicant prays for time to move an application

for impleadment of Bank in this Original Application.

Ld. Counsel for the respondents prays for time to comply with the

order dated 05.04.2019 passed by this Tribunal.





O.A. No. 670 of 2017

Pushpa Devi Pandey Applicant By Legal Practitioner for the Applicant






and Shri Ashish Kumar Singh, Ld. Counsel for the respondents.

After arguing at length Ld. Counsel for the applicant submits that

he wants to challenge the Part-II Order issued by the respondents.







O.A. No. 271 of 2017

Chintamani Mishra Applicant By Legal Practitioner for the Applicant






Singh, Ld. Counsel for the applicant and Shri Namit Sharma, Ld. Counsel



applicant prays for adjournment. Accordingly, the case is adjourned.







O.A. No. 596 of 2017

Pushkar Bharti Applicant By Legal Practitioner for the Applicant





Present: Shri V.K. Pandey, Ld. Counsel for the applicant and Shri

Sunil Sharma, Ld. Counsel for the respondents.

Ld. Counsel for the applicant prays for adjournment. Accordingly,

the case is adjourned.


On the date fixed Ld. Counsel for the respondents shall produce the

original documents pertaining to the case for perusal of the Bench.




O.A. No. 668 of 2017

Radha Raman Shukla Applicant By Legal Practitioner for the Applicant





Present: Shri Birendra Narain Shukla, Ld. Counsel for the

applicant and Shri Namit Sharma, Ld. Counsel for the respondents.

Heard arguments.

Judgment is reserved.




Ex-A/92 of 2018 with MA No. 585 of 2019

In re: Ex-A/61 of 2018 In re: OA No. 39 of 2016

Ex NK Talab Husain Shah Applicant By Legal Practitioner for the Petitioner





Present: Shri Amit Jaiswal, Ld. Counsel for the respondents.

None for the applicant.

In pursuance of our earlier order dated 07.05.2019 Shri Ravi

Prakash, Assistant Treasury Officer is present in the Court.

It is submitted on behalf of the respondents that the payment

of entire amount payable to the applicant, including the interest on the

delayed payment has been made and therefore the applicant is not

interested in pursuing the case.

This case has been taken in the revised list.

Since the entire payment has been made to the applicant, the

execution application has become infructuous and it is accordingly

dismissed as having become infructuous.

(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT/GSR



MA No. 645 of 2018

In re: OA No. Nil of 2018

Sukhdev Singh Applicant By Legal Practitioner for the Applicant





Present: Shri Yogesh Kesarwani, Ld. Counsel for the respondents.

None for the applicant.

The case has been taken in the revised list.

The applicant has claimed his promotion after a long gap of

20 years. We have gone through the application for condonation of delay.

Since no body is present to press this application on behalf of the applicant,

the application is liable to be dismissed for want of prosecution, which is

dismissed accordingly.

Since the application for condonation of delay has been

dismissed, the O.A. is also dismissed.

(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT/GSR


ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW

O.A. No. 235 of 2018

Hosila Prasad Applicant By Legal Practitioner for the Applicant




04.07.2019 Hon’ble Mr. Justice SVS Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Present: Shri Ashok Kumar Yadav, Ld. Counsel for the applicant




Judgment reserved.

(Air Marshal B.B.P. Sinha) (Justice SVS Rathore) Member (A) Member (J) jpt/gsr



O.A. No. 244 of 2018

Surendra Singh Applicant By Legal Practitioner for the Applicant





Present: Shri Rohit Kumar, Ld. Counsel for the applicant and Ms

Anju Singh, Ld. Counsel for the respondents.



Judgment reserved.


Form No. 4



O.A. No. 402 of 2018

Ex Sub Prasanth M Kurup Applicant By Legal Practitioner for the Applicant





Present: Shri Virat Anand Singh, Ld. Counsel for the applicant and

Shri Yogesh Kesarwani, Ld. Counsel for the respondents.

On behalf of the respondents it is submitted that they have

received original documents pertaining to this today itself and have not

gone through the same. Short adjournment is prayed on behalf of the

respondents.





O.A. No. 427 of 2018

Hony Nb Sub Ram Karan Singh Applicant By Legal Practitioner for the Applicant





Present: Shri Ashish Kumar Singh, Advocate holding brief of Shri

Parijat Belaura, Ld. Counsel for the applicant and Shri Arun Kumar Sahu,

Ld. Counsel for the respondents.

Learned counsel appearing on behalf of the applicant has prayed

for adjournment.





O.A. (A) No. 39 of 2017 with M.A. No. 1237 of 2018

Smt Sunita Singh W/O Abhishek Kumar Singh (In custody) Applicant By Legal Practitioner for the Applicant





Present: Shri Shailendra Kumar Singh, Ld. Counsel for the

applicant and Dr. Gyan Singh, Ld. Counsel for the respondents.

Learned counsel for the applicant prays for adjournment for better

preparation of the case.





T.A. No. 6 of 2014

Sepoy Ramesh Prasad Petitioner By Legal Practitioner for the Petitioner





Present: Shri R. Chandra, Advocate, holding brief of Shri Yashpal

Singh, Ld. Counsel for the petitioner and Shri Sunil Sharma, Ld. Counsel for

the respondents.

Learned counsel appearing on behalf of the applicant prays for

adjournment.





T.A. No. 41 of 2016

Smt Shakuntla Devi Petitioner By Legal Practitioner for the Petitioner





Present: Col (Retd) Y.R. Sharma, Ld. Counsel for the petitioner

and Shri Anurag Mishra and Shri R. Chandra, Ld. Counsel for the

respondents.

This is a case where the learned counsel for applicant is claiming

the applicant to be wife of late Havildar Ramakant Sharma as married to

him on 30.04.1980 and is praying for family pension for her from Army. The

applicant has claimed that on 24.12.1917 she has been declared the legal

wife in a civil suit by a Civil Judge, Senior Division, Mathura. She has also

claimed that appeal against the order has been dismissed by Additional

District Judge, Mathura in favour of applicant.

On the other hand learned counsel for respondents have produced

the service records of the applicant which clearly indicates that the late Hav

Ramakant Sharma was enrolled in Army in 1961. He was married to Kumari

Vrinda Rani Sharma in 1964 and a Part II order of Army documenting the

marriage was taken in 1965. He further submitted that the lady is presently

in receipt of family pension and that there is no evidence of divorce or death

of the lady on records.

At this point learned counsel requested for a copy of the relevant

entries in service records of the late Hav Ramakant Sharma so that he can

file objection.

In order to resolve the controversy, let the relevant part of the

service record of the deceased soldier be provided by the respondents to

the learned counsel for the applicant during the course of day.



Form No. 4



T.A. No. 16 of 2017

SP Shukla Petitioner By Legal Practitioner for the Petitioner






Singh, Ld. Counsel for the petitioner and Shri R.C. Shukla, Ld. Counsel for

the respondents.


adjournment.





T.A. No. 13 of 2018

Ex Sep Sanjay Kumar Petitioner By Legal Practitioner for the Petitioner






Singh, Ld. Counsel for the petitioner and Dr. Shailendra Sharma Atal, Ld.

Counsel for the respondents.


adjournment.



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