order sheet armed forces tribunal, regional …aftlko.up.nic.in/c2 daily order/c2...

Form No. 4

[See rule 11(1)]

ORDER SHEET

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW

Court No. 1 (List B)

T.A. No. 32 of 2016

Nk Sabbo Singh Petitioner

By Legal Practitioner for Petitioner

Versus

Union of India & Others Respondents

By Legal Practitioner for Respondents

Notes of

the

Registry

Orders of the Tribunal

31.03.2017

Hon’ble Mr. Justice D.P. Singh, Member (J)

Hon’ble Lt Gen Gyan Bhushan, Member (A)

T.A. No. 32 of 2016, Nk Sabbo Singh vs. Union of India and others

is allowed.

For order, see our order of date passed on separate sheets.

(Lt Gen Gyan Bhushan) (Justice D.P. Singh)

Member (A) Member (J) ukt/-

Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No 172 of 2014 With M.A. No 703 of 2015 &

M.A. No 704 of 2015

Smt Chandra Kali Applicant

By Legal Practitioner for Applicant

Versus



Notes of the

Registry


31.03.2017



Present : Shri Arun Kumar Sahu, Learned counsel for the

respondents.

On call of the case none appeared on behalf of the applicant. We

have been informed by the Bench Secretary that the Advocates are

abstaining from judicial work.

Accordingly, in the interest of justice, the case is adjourned.

List this case on 23.05.2017 for orders



Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No 104 of 2016

Smt Pankaj Singh Applicant


Versus



Notes of the

Registry


31.03.2017



Present : Shri Sunil Sharma, Learned counsel for the respondents.





List this case on 10.07.2017 for orders.



Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No 164 of 2014

Ram Sunder Prasad Applicant


Versus



Notes of the

Registry


31.03.2017



Present : Mrs Deepti Prasad Bajpai, Learned counsel for the

respondents.





List this case on 02.05.2017 for hearing.

On the date fixed, learned counsel for the respondents shall

produce original documents pertaining to case for perusal of the

Bench.



Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No 190 of 2015

Sazid Ali Applicant


Versus



Notes of the

Registry


31.03.2017



Present : Dr. Shailendra Sharma Atal, Learned counsel for the

respondents.








Bench.



Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No 329 of 2015

Lt Col (Retd) Ram Raj Singh Applicant


Versus



Notes of the

Registry


31.03.2017



Present: Shri Rajiv Pandey, Learned counsel for the

respondents.








Bench.



Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No 330 of 2015

Lt Col (Retd) P.S. Tripathi Applicant


Versus



Notes of the

Registry


31.03.2017



Present : Shri D.K. Pandey, Learned counsel for the respondents.








Bench.



Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No 315 of 2016 with M.A. No 430 of 2017

Devendra Pratap Singh Applicant


Versus



Notes of the

Registry


31.03.2017



Present : Shri D.K. Pandey , Learned counsel for the respondents.








Bench.



Form No. 4

[See rule 11(1)]

ORDER SHEET



T.A. No 50 of 2013

GC Agarwal Petitioner


Versus



Notes of the

Registry


31.03.2017



Present : Shri Amit Jaiswal, Learned counsel for the respondents.








Bench.



Form No. 4

[See rule 11(1)]

ORDER SHEET



T.A. No 12 of 2014

Sumont Gupta Petitioner


Versus



Notes of the

Registry


31.03.2017



Present: Shri Namit Sharma, Learned counsel for the

respondents.








Bench.



Form No. 4

[See rule 11(1)]

ORDER SHEET



T.A. No 72 of 2016

Deena Nath Mishra Applicant


Versus



Notes of the

Registry


31.03.2017



Present : Shri Adesh Kumar Gupta, Learned counsel for the

respondents.








Bench.



Form No. 4

[See rule 11(1)]

ORDER SHEET



M.A. No. 536 of 2017

Inre: O.A. No. Nil of 2017

Smt Radha Devi Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


31.03.2017



Present: Dr. Shailendra Sharma Atal, learned counsel for the

respondents.

On call of the case none appeared on behalf of the applicant. We have

been informed by the Bench Secretary that the Advocates are abstaining

from judicial work.


List this case on 04.07.2017 for admission.


Member (A) Member (J) RPM/-

Form No. 4

[See rule 11(1)]

ORDER SHEET



EX-A. No. 42 of 2017

Inre: O.A. No. 246 of 2012

Nand Ram Applicant By Legal Practitioner for Applicant

Versus

OIC, EME Records, Secunderabad (AP) & Another Respondents


Notes of the

Registry


31.03.2017




respondents.



from judicial work.





Form No. 4

[See rule 11(1)]

ORDER SHEET



EX-A. No. 40 of 2017

Inre: O.A. No. 246 of 2012

Ram Asrey Applicant By Legal Practitioner for Applicant

Versus

OIC, ASC Centre South & Another Respondents


Notes of the

Registry


31.03.2017




respondents.



from judicial work.





Form No. 4

[See rule 11(1)]

ORDER SHEET



EX-A. No. 41 of 2017

Inre: O.A. No. 504 of 2012

Desh Raj Applicant By Legal Practitioner for Applicant

Versus

OIC Records, Garhwal Rifles, Lansdowne & Another Respondents


Notes of the

Registry


31.03.2017




respondents.



from judicial work.





Form No. 4

[See rule 11(1)]

ORDER SHEET



EX-A. No. 132 of 2016

Inre: O.A. No. 176 of 2014

Vijay Bahadur Chauhan Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


31.03.2017




respondents.



from judicial work.





Form No. 4

[See rule 11(1)]

ORDER SHEET



EX-A. No. 228 of 2016

Inre: O.A. No. 480 of 2012

Mewa Ram Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


31.03.2017



Present: Shri Rajeev Pandey, learned counsel for the respondents.



from judicial work.





Form No. 4

[See rule 11(1)]

ORDER SHEET



EX-A. No. 229 of 2016

Inre: O.A. No. 138 of 2012

Vinod Kumar Dwivedi Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


31.03.2017



Present: Dr Gyan Singh, learned counsel for the respondents.



from judicial work.





Form No. 4

[See rule 11(1)]

ORDER SHEET



M.A. No. 1508 of 2016 with M.A. Nos. 1520,2131 & 2451 of 2016

(Inre : O.A. No. Nil of 2016)

Jagdish Prasad Mishra Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


31.03.2017



Present: Shri AK Sahu, learned counsel for the respondents.



from judicial work.





Form No. 4

[See rule 11(1)]

ORDER SHEET



M.A. No. 1728 of 2016 with M.A. No. 2503 of 2016

Abhay Singh Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


31.03.2017



Present: Shri AK Sahu, learned counsel for the respondents.



from judicial work.





Form No. 4

[See rule 11(1)]

ORDER SHEET




(Inre: T.A. No. 1366 of 2010)

Kamal Singh Rautela Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


31.03.2017



Present: Shri Bhanu Pratap Singh, learned counsel for the respondents.



from judicial work.





Form No. 4

[See rule 11(1)]

ORDER SHEET



T.A. No. 45 of 2016

Smt. Basundhara Pokhrel Petitioner


Versus



Notes of the

Registry


30.03.2017



Present: None for the petitioner and Shri Amit Sharma, learned

counsel for the respondents.

List this case on 25.07.2017 for orders to enable learned counsel

for the petitioner to furnish the Bench copy.


Member (A) Member (J) SB

Form No. 4

[See rule 11(1)]

ORDER SHEET



T.A. No. 54 of 2016

Anant Prasad Petitioner


Versus



Notes of the

Registry


30.03.2017



Present: None for the petitioner and Shri Virendra Kumar Singh,

learned counsel for the respondents.

List this case on 24.05.2017 for orders with office report with

regard to sufficiency of service of notice sent to petitioner.


Member (A) Member (J) ukt

Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No. 146 of 2015

Devendra Singh Bhandari Applicant


Versus



Notes of the

Registry


30.03.2017



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

Shri Bhanu Pratap Singh, learned counsel for the respondents alongwith

Shri Rohit Tripathi for Respondents No. 9 and Wg Cdr Sardul Singh,

Departmental Representative.

We have heard learned counsel for the parties.

It appears that for adjudication of controversy in question,

following documents/information are required :-

(a) Copy of first report including FIR with regard to fire

instance in question.

(b) Copy of status of available accommodation in the Mess

therein for the period in question after applicant’s daughter

Miss Meenakshi Bhandari was posted in 15 Air Force

Hospital.

(c) The policy on allotment of accommodation in the Mess and

temporary married accommodation including the competent

officer responsible for allotment of accommodation in

question.

(d) The allotment order of accommodation issued in favour of

Miss Meenakshi Bhandari for the Mess as well as for

Temporary Married Quarter No. 10.

(e) Sketch map of hospital to include mess complex, mess

accommodation and temporary married quarter/

accommodation, showing the distance and the construction

standing there upon .

(f) Report of fire officer or forensic expert, if any.

(g) Respondents shall explain why the FIR was not lodged and

that if the matter was investigated by the Police with the help

of expert to ascertain how the fire took place.

(h) When parents or family members of Miss Meenakshi

Bhandari were communicated by the respondents or

Commanding Officer or any other competent authority with

regard to fire and injury caused thereon to Miss Meenakshi

Bhandari.

(i) Standing Operating Procedure (SOP) of the Station/Air Force

Mess in case of fire.

(j) The entire record of decision or orders passed by the

competent authority after receipt of information with regard to

fire and injury caused to Miss Meenakshi Bhandari.

(k) Respondents shall indicate why mother of Miss Meenakshi

Bhandari was kept waiting for a month, as alleged, to meet

Commanding Officer for change of accommodation.

(l) Who are entitled for the Temporary Married

Accommodation/Quarter No.10.

(m) An officer posted at Jaisalmer shall appear to explain and

assist the Tribunal on the date fixed.

We clarify that copy of original record of station at Jaisalmer

with regard to service of Miss Meenakshi Bhandari means all order

which have been passed from the date of her joining, relating to her

service career, allotment of accommodation, representations etc.

Respondents shall also place Air Force Orders, Rules and

instructions pertaining to action to be taken when such incidents take

place and what are instructions regarding lodging of First Information

Report.

List this case on 04.05.2017 for further hearing.

Copy of this order shall be provided to learned counsel for the

respondents free of cost.



Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No. 257 of 2012

Tejpal Singh Tomar Applicant


Versus



Notes of the

Registry


30.03.2017



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

Shri Rajiv Pandey, learned counsel for the respondents.

As prayed by learned counsel for the respondents, list this case on

05.04.2017 for orders.


produce original documents pertaining to the case for perusal of the

Bench.



Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No. 137 of 2015

Kamlesh Painuli Applicant


Versus



Notes of the

Registry


30.03.2017



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

Shri A.K. Sahu learned counsel for the respondents.

Heard learned counsel for the parties.

Arguments concluded

Order reserved.



Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No. 205 of 2015

Dasharatha Applicant


Versus



Notes of the

Registry


30.03.2017



Present: Shri Parijaat Belaura, learned counsel for the applicant

and Mrs. Deepti Prasad Bajpai, learned counsel for the respondents.

Affidavit filed by learned counsel for the Respondent No. 4 is

taken on record.




Bench.



Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No. 5 of 2016

Bijay Kumar Applicant


Versus



Notes of the

Registry


30.03.2017



Present: The applicant, Shri Bijay Kumar, in person and Shri

A.K. Sahu, learned counsel for the respondents along with Maj Salen

Xaxa, Departmental Representative.

On account of prolonged illness of Shri P.N. Chaturvedi, learned

counsel for the applicant, we permit to the applicant to appear in

person and argue his case.

Heard the applicant as well as learned counsel for the

respondents.

Arguments concluded.

Order reserved.



Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No. 96 of 2016

Krishna Murari Singh Applicant


Versus



Notes of the

Registry


30.03.2017



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

Dr. Shailendra Sharma Atal, learned counsel for the respondents.


17.04.2017 for hearing.



Bench.



Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No.179 of 2016 with M.A. No. 2338 of 2016

Anil Kumar Tiwari Applicant


Versus



Notes of the

Registry


30.03.2017



Present: Shri Shailendra Kumar Singh, learned counsel for the

applicant and Shri Yogesh Kesarwani, learned counsel for the

respondents.

Learned counsel for the applicant prays for and is granted two

weeks’ further time to file rejoinder affidavit.




Bench.



Form No. 4

[See rule 11(1)]

ORDER SHEET



T.A. No. 33 of 2016

Smt. Premawati Devi Petitioner


Versus



Notes of the

Registry


30.03.2017



Present: None for the petitioner and Shri V.P.S. Vats, learned

counsel for the respondents along with Maj Salen Xaxa, Departmental

Representative.

The controversy relates to payment of family pension. The

petitioner shall supply Bench copy on the date fixed.


On the date fixed, learned counsel for the respondents to produce

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



Form No. 4

[See rule 11(1)]

ORDER SHEET



M.A. No. 406 of 2017 inre T.A. No. 208 of 2010

Gopal Pandey Petitioner


Versus



Notes of the

Registry


30.03.2017



Present: Shri D.C. Tiwari, learned counsel for the petitioner and

Dr. Shailendra Sharma Atal, learned counsel for the respondents along

with Maj Salen Xaxa, Departmental Representative.

Cost has been deposited. The case is restored on its original

number.






Form No. 4

[See rule 11(1)]

ORDER SHEET



DY-No. 634 of 2017

Kheem Singh Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


30.03.2017



Memo of appearance filed by Mrs Deepti P Bajpai, Advocate is taken

on record. Her name be shown as learned counsel for the respondents, when

the case is next listed.

Present: Shri Lalit Kumar, learned counsel for the applicant and Mrs

Deepti P Bajpai, learned counsel for the respondents along with Maj Salen


Controversy relates to filing of delay condonation application as

required vide Rule 8 of the AFT (procedure) Rules, 2008 while filing the

Original Application.

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

time to file delay condonation application. Objection if any, may be filed by

the learned counsel for the respondents within two weeks’ thereafter.

List this case on 17.05.2017 at Circuit Bench Nainital for orders.


Member (A) Member (J) RS*

Form No. 4

[See rule 11(1)]

ORDER SHEET



M.A. No. 531 of 2017


Prakash Swarup Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


30.03.2017



Memo of appearance filed by Shri Avadesh Narain Tripathi, Advocate

is taken on record. His name be shown as learned counsel for the

respondents, when the case is next listed.

Present: Shri PK Shukla, learned counsel for the applicant and Shri

Avadesh Narain Tripathi, learned counsel for the respondents along with

Maj Salen Xaxa, Departmental Representative.

M.A. No. 531 of 2017

This is an application under Section 5 of the Indian Limitation Act read

with Section 22 of the Armed Forces Tribunal Act, 2007 for condoning the

delay in filing the O.A, which as per office report, is delayed by 19 years, 11

months and 21 days. Copy of this application has been served upon the

learned Standing Counsel for the respondents on 29.03.2017.

Shri Avadesh Narain Tripathi, learned Standing Counsel appearing for

the respondents prays for and is granted six weeks time to file objection.

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

within two weeks, thereafter.




Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No. 302 of 2012 With M.A. No. 1104 of 2016

Akhilesh Singh Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


30.03.2017



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

DK Pandey, learned counsel for the respondents along with Maj Salen Xaxa,


List this case on 21.04.2017 to enable the learned counsel for the

respondents to comply the order dated 07.12.2016.



Form No. 4

[See rule 11(1)]

ORDER SHEET



EX-A. No. 170 of 2016

Inre: O.A. No. 253 of 2013

Fauran Singh Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


30.03.2017



Present: Shri PK Shukla, learned counsel for the applicant and Ms

Amrita Chakraborty, learned counsel for the respondents along with Maj

Salen Xaxa, Departmental Representative.

EX-A. No. 170 of 2016

This is an Execution Application under Section 29 of the Armed

Forces Tribunal Act, 2007 filed by the applicant for non implementation of

the judgment and order dated 14th October 2015 passed in O.A. No. 253 of

2013 which relates to the pension of honorary rank of Naib Subedar.

At the threshold of the arguments, learned counsel for the respondents

states that in compliance of the order of this Tribunal, necessary PPO has

already been issued and a copy of which is provided to Shri PK Shukla,

learned counsel for the applicant during the course of hearing.

It is directed that the Bank concerned shall release the outstanding dues

to the applicant within one month from the date of presentation of a certified

copy of this order or communication from the respondents, as the case may

be.

Subject to the above, this Execution Application is disposed of

accordingly.



Form No. 4

[See rule 11(1)]

ORDER SHEET



EX-A. No. 173 of 2016 With M.A. No. 2645 of 2016

Inre: T.A. No. 1469 of 2010

Ram Harsh Petitioner By Legal Practitioner for Petitioner

Versus



Notes of the

Registry


30.03.2017



Present: Shri Harshvardhan, Advocate appeared on behalf of Col

Rakesh Johri (Retd), learned counsel for the petitioner and Shri Bhan Pratap

Singh, learned counsel for the respondents along with Maj Salen Xaxa,


Learned counsel for the respondents submits that certain documents

are required to comply the judgment and order dated 21.04.2016 passed in

T.A. No. 1469 of 2010.

On the other hand learned counsel for the applicant states that required

documents have already been forwarded to PCDA (P) Allahabad vide letter

dated 17.03.2017. Copy of the same has been served upon learned counsel

for the respondents in the Court, today. It is expected that PPO will be

issued within six weeks’ thereafter.




Form No. 4

[See rule 11(1)]

ORDER SHEET



EX-A No. 239 of 2016

Inre: O.A. No. 320 of 2016

Manoj Kumar Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


30.03.2017



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

Deepti P Bajpai, learned counsel for the respondents along with Maj Salen


EX-A. No. 239 of 2016


Forces Tribunal Act, 2007 filed by the applicant for non implementation of

the judgment and order dated 12th January 2016 passed in O.A. No. 320 of

2013 which relates to the disability pension.

At the threshold of the arguments, learned counsel for the respondents

states that in compliance of the order of this Tribunal, necessary PPO has

already been issued and a copy of which is provided to Shri R Chandra,

learned counsel for the applicant during the course of hearing.

It is directed that the Bank concerned shall release the outstanding

dues to the applicant within one month from the date of presentation of a

certified copy of this order or communication from the respondents, as the

case may be.

Subject to the above, this Execution Application is disposed of

accordingly.



Form No. 4

[See rule 11(1)]

ORDER SHEET



M.A. No. 530 of 2017

(Inre: O.A. No. Nil of 2017)

Vishwa Jeet Singh Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


30.03.2017



Present: Shri Shailendra Kumar Singh, learned counsel for the

applicant and Dr. Shailendra Sharma Atal, learned counsel for the

respondents along with Maj Salen Xaxa, Departmental Representative.

M.A. No. 530 of 2017

Heard learned counsel for the applicant on delay condonation

application. Controversy relates to disability pension which is recurring

cause of action and has been settled by Hon’ble the Apex Court.

The cause shown in the affidavit filed in support of the delay

condonation application seems to be justified.

Accordingly, the application is allowed and the delay in filing the

Original Application is hereby condoned.

Having heard the learned counsel for the parties, we find that it is a fit

case for admission.

Admit.

Let the case be registered as O.A.

Learned counsel for the respondents prays for and is granted four

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

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




Form No. 4

[See rule 11(1)]

ORDER SHEET



M.A. No. 1873 of 2016

(Inre: T.A. No. 1279 of 2010)

Naresh Kumar Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


30.03.2017



Present: Shri Bhanu Pratap Singh, learned counsel for the respondents

along with Major Salen Xaxa, Departmental Representative.

On call of the case, Shri Naresh Kumar, applicant, appears in person

and submits that his counsel Shri PN Chaturvedi has not come to the Court

due to illness and prays for adjournment of the case. Learned counsel for

the respondents has no objection.

Accordingly, the case is adjourned.




Form No. 4

[See rule 11(1)]

ORDER SHEET




Sahamatul Nisha Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


30.03.2017



Present: Shri Ram Dheeraj Yadav, learned counsel for the applicant

and Ms Deepti P Bajpai, learned counsel for the respondents along with

Major Salen Xaxa, Departmental Representative.

Learned counsel for the applicant prays for and is granted two weeks’

further time to file replication to the objection against the application for

condonation of delay.




Form No. 4

[See rule 11(1)]

ORDER SHEET




(Inre : O.A. No. 357 of 2017)

LN Rathore Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


30.03.2017



Present: Shri Rajiv Pandey, learned counsel for the respondents

On call of the case, Shri KK Mishra, Advocate, appears and states that

Shri VA Singh, learned counsel for the applicant is out of station and seeks

adjournment of the case.





Form No. 4

[See rule 11(1)]

ORDER SHEET



T.A. No. 42 of 2016

Smt. Savitri Devi Petitioner By Legal Practitioner for Petitioner

Versus



Notes of the

Registry


30.03.2017



Present: Shri Virendra Singh, learned counsel for the respondents

along with Maj Salen Xaxa, Departmental Representative.

On call of the case, petitioner appears in person and states that her

counsel has not come to the court due to illness. She prays for adjournment

of the case.

Accordingly, the case is adjourned. Petitoner’s counsel shall provide

the Bench Copy of the petition on the date fixed next.




Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No. 116 of 2010

Nekasu Applicant


Versus



Notes of the

Registry


29.03.2017



O.A. No. 116 of 2010, Nekasu vs. Union of India and others is

dismissed.

For order, see our order of date passed on separate sheets.


Member (A) Member (J) DDS

Form No. 4

[See rule 11(1)]

ORDER SHEET



M.A. No. 205 of 2017 with M.A. No. 206 of 2017 Inre Dy No. 2769 of 2016

Sunil Tewari Applicant


Versus



Notes of the

Registry


29.03.2017



Present: Shri Yash Pal Singh holding brief of Shri V.A. Singh,

learned counsel for the applicant and Shri Bhanu Pratap Singh, learned

counsel for the respondents.

On call of the case, Shri Yash Pal Singh submits that Shri V.A.

Singh is not present in the Court and prays for adjournment of the

case. Learned counsel for the respondents has no objection.





Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No. 275 of 2014

Darshan Kumar Sharma Applicant


Versus



Notes of the

Registry


29.03.2017



Present: Shri Yash Pal Singh, learned counsel for the applicant

and Dr. Shailendra Sharma Atal, learned counsel for the respondents

alongwith Lt Cdr Nilaksh Sharma Dy JA, Naval Headquarters, New

Delhi.


22.05.2017 for further hearing.


produce Ministry of Defence letter of 1975 alongwith an affidavit

bringing correct facts on record with regard to entitlement of the

pension to the applicant.

Further appearance of Shri Ravi Shankar Prasad, DPDO,

Gorakhpur and Shri R.K. Tiwari, PCDA (P) Allahabad is exempted.



Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No. 285 of 2016 With M.A. No 533 of 2017

Vijay Shankar Pandey Applicant


Versus



Notes of the

Registry


29.03.2017



Present: Shri K.M. Srivastava, learned counsel for the applicant

and Shri Amit Jaiswal, learned counsel for the respondents along with


M.A. No. 533 of 2017

Rejoinder affidavit filed by learned counsel for the applicant is

taken on record. M.A. aforesaid is disposed of accordingly.

Pleadings have been exchanged.




Bench.



Form No. 4

[See rule 11(1)]

ORDER SHEET



T.A. No. 11 of 2017

Ram Chand Tripathi Petitioner


Versus



Notes of the

Registry


29.03.2017



Present: Shri Harshvardhan, holding brief of Shri Rakesh Johri,

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

for the respondents.

On call of the case, Shri Harshvardhan, Advocate, submits that

Shri Rakesh Johri is sick and prays for adjournment of the case.

Learned counsel for the respondents has no objection. Accordingly,

the case is adjourned.




Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No. 231 of 2015

Guptesh Kumar Applicant


Versus



Notes of the

Registry


29.03.2017



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

Shri Rajiv Pandey, learned counsel for the respondents and Lt Cdr

Nilaksh Sharma Dy JA, Naval Headquarters, New Delhi

From perusal of original record of medical board it transpires

that composite percentage of the disability as well as duration of

disability has not been given in Medical Board proceedings.

We direct the respondents to carry out Re-survey Medical Board

of the applicant to find out the composite percentage of disability as

well as duration of disability.

Respondents shall issue letter to the applicant for appearing

before Re-survey Medical Board within two months.

List this case on 18.07.2017 for further hearing.


produce original documents pertaining to the case including

proceedings of Re-survey Medical Board conducted for perusal of the

Bench.



Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No. 24 of 2012

Smt. Diropa Devi Applicant


Versus



Notes of the

Registry


29.03.2017



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

Dr. Shailendra Sharma Atal, learned counsel for the respondents and

Shri Shailendra Kumar Singh for respondent No. 6 along with Maj


As prayed by learned counsel for the applicant, list this case on


On the date fixed, learned counsel for the applicant shall apprise

the Court exact amount of pension being received by the father of the

deceased soldier.



Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No. 263 of 2014

Ishwar Prasad Applicant


Versus



Notes of the

Registry


29.03.2017



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

Mrs. Deepti Prasad Bajpai, learned counsel for the respondents along

with Maj Salen Xaxa, Departmental Representative.




apprise the Court whether the Pension Regulations for the Army 1961

(Part- 1) has the approval of the Parliament or not.



Form No. 4

[See rule 11(1)]

ORDER SHEET



T.A. No. 24 of 2012

Yogendra Singh Petitioner


Versus



Notes of the

Registry


29.03.2017



Present: Shri Ratnesh Chandra, learned counsel for the petitioner

and Shri Namit Sharma, learned counsel for the respondents.

After hearing learned counsel for the parties at some length, we

direct the respondents to produce entire original record on the next

date including the copy of the letter dated 01.02.2010 which has been

annexed as Annexure A-1 to the T.A. alongwith copy of Movement

Order dated 07.04.1999 annexed as Annexure A-2.


On the date fixed, learned counsel for the respondents shall also

apprise the Court when and under what manner, the order of discharge

was communicated to the applicant.



Form No. 4

[See rule 11(1)]

ORDER SHEET



T.A. No. 70 of 2012

Smt. Omvati Devi Petitioner


Versus



Notes of the

Registry


29.03.2017



Present: Shri Yash Pal Singh holding brief of Shri Virat Anand

Singh, learned counsel for the petitioner and Dr. Shailendra Sharma

Atal, learned counsel for the respondents.

On call of the case, Shri Yash Pal Singh submits that Shri V.A.

Singh is not present in the Court and prays for adjournment of the

case. Learned counsel for the respondents has no objection.





Bench.



Form No. 4

[See rule 11(1)]

ORDER SHEET



T.A. No. 6 of 2016

Uma Shanker Bhartiya Petitioner


Versus



Notes of the

Registry


29.03.2017



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

Shri Anurag Mishra, learned counsel for the respondents along with


Learned counsel for the respondents prays for and is granted

further four weeks’ time to file supplementary counter affidavit in

terms of earlier order dated 27.02.2017. Supplementary rejoinder

affidavit, if any, may be filed by learned counsel for the petitioner







Form No. 4

[See rule 11(1)]

ORDER SHEET



M.A. No. 514 of 2017


Rambir Singh Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


29.03.2017



Memo of appearance filed by Shri Aunrag Mishra, Advocate is taken

on record. His name be shown as learned counsel for the respondents, when

the case is next listed.

Present: Shri KK Mishra, learned counsel for the applicant and Shri

Aunrag Mishra, learned counsel for the respondents along with Maj Salen


M.A. No. 514 of 2017



delay in filing the O.A, which as per office report, is delayed by 10 year, 08



Shri Aunrag Mishra, learned Standing Counsel appearing for the

respondents prays for and is granted six weeks time to file objection.






Form No. 4

[See rule 11(1)]

ORDER SHEET



M.A. No. 517 of 2017


Joginder Singh Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


29.03.2017



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

taken on record. His name be shown as learned counsel for the respondents,

when the case is next listed.

Present: Shri KK Mishra, learned counsel for the applicant and Shri Dr

Shailendra Sharma Atal, learned counsel for the respondents along with Maj


M.A. No. 517 of 2017






Dr Shailendra Sharma Atal, learned Standing Counsel appearing for







Form No. 4

[See rule 11(1)]

ORDER SHEET



M.A. No. 521 of 2017


Irshad Ali Khan Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


29.03.2017



Memo of appearance filed by Shri Shyam Singh, Advocate is taken on

record. His name be shown as learned counsel for the respondents, when the

case is next listed.

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

Shri Shyam Singh, learned counsel for the respondents along with Maj Salen


M.A. No. 521 of 2017






Shri Shyam Singh, learned Standing Counsel appearing for the

respondents prays for and is granted six weeks time to file objection.






Form No. 4

[See rule 11(1)]

ORDER SHEET



M.A. No. 522 of 2017


Dev Bahadur Singh Sikarwar Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


29.03.2017



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

taken on record. His name be shown as learned counsel for the respondents,

when the case is next listed.

Present: Shri KKS Bisht, learned counsel for the applicant and Dr

Shailendra Sharma Atal, learned counsel for the respondents along with Maj


M.A. No. 522 of 2017






Dr Shailendra Sharma Atal, learned Standing Counsel appearing for







Form No. 4

[See rule 11(1)]

ORDER SHEET



EX-A. No. 54 of 2017

Inre: O.A. No. 416 of 2011

Braj Bhushan Pandey Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


29.03.2017



Memo of appearance filed by Shri Namit, Advocate is taken on record.

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

next listed.

Present: Shri Parijaat Belaura, learned counsel for the applicant and

Shri Namit Sharma, learned counsel for the respondents along with Maj


EX-A. No. 54 of 2017


Forces Tribunal Act, 2007 filed by the applicant for non

implementation of the judgment and order dated 10th January 2012

passed in O.A. No. 416 of 2011.


weeks’ time to show cause as to why the aforesaid order of the

Tribunal has not been complied with.




Form No. 4

[See rule 11(1)]

ORDER SHEET



EX-A. No. 55 of 2017

Inre: O.A. No. 210 of 2015

Akil Ahmad Ansari Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


29.03.2017



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

Siddharth Dhaon, learned counsel for the respondents along with Maj Salen


EX-A. No. 55 of 2017


Forces Tribunal Act, 2007 filed by the applicant for non

implementation of the judgment and order dated 17th August 2016

passed in O.A. No. 210 of 2015.


weeks’ time to show cause as to why the aforesaid order of the

Tribunal has not been complied with.




Form No. 4

[See rule 11(1)]

ORDER SHEET



M.A. No. 519 of 2017 With M.A. No. 520 of 2017

Inre: O.A. No. 324 of 2016

Harbans Singh Through Manmeet Singh Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


29.03.2017



Present: Shri DS Tiwari, learned counsel for the applicant and Shri AK

Sahu, learned counsel for the respondents along with Maj Salen Xaxa,


Shri AK Sahu, learned counsel for the respondents prays for and is

granted four weeks’ time to file objection to the application for condonation

of delay in filling the recall application. Replication to the objection may be

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



Member (A) Member (J) PKG

Form No. 4

[See rule 11(1)]

ORDER SHEET



M.A. No. 690 of 2016 With M.A. Nos. 1768 & 2084 of 2016

Amar Pal Singh Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


29.03.2017



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

Shri RKS Chauhan, learned counsel for the respondents along with


M.A. No. 690 of 2016

Heard.

The cause shown in the affidavit filed in support of the

application seems to be justified. Accordingly, the application for

condonation of delay is allowed and the delay in filing the application

is hereby condoned and the objection raised by the learned counsel for

the respondents is rejected.

This is an Original Application filed by the applicant under

Section 14 of the Armed Forces Tribunal Act, 2007 for payment of

disability pension.

We have heard Shri R Chandra, learned counsel for the

applicant and Shri RKS Chauhan, learned counsel for the

respondents along with Maj Salen Xaxa, Departmental

Representative and perused the record.

A preliminary objection has been raised by the learned

counsel for the respondents that the applicant has already preferred

First Appeal before the authority concerned for payment of

disability pension, which is still pending.

The Court would not interfere in the statutory provisions of

the Armed Forces. Learned counsel for the applicant conceded to

the objection raised by the learned counsel for the respondents and

submitted that the same has been included in the prayer also.

Accordingly, with the consent of the learned counsel for the

parties, we dispose of this Original Application at the admission

stage, with the direction to the authority concerned to decide the

First Appeal by a speaking and reasoned order within a period of

three months from the date of receipt of a certified copy of this

order, keeping in view the law laid down by the Apex Court in the

cases of Dharamvir Singh vs. Union of India & others reported in

2013 (7 SCC 2013) 316 and Sukhvinder Singh vs. Union of India

reported in 2014 STPL (WEB) 468 SC and communicate the

decision to the applicant.



Form No. 4

[See rule 11(1)]

ORDER SHEET



M.A. No. 2306 of 2016 With M.A. No. 342 of 2017

Inre: O.A. No. 26 of 2014

Jagdamba Prasad Tiwari Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


29.03.2017



Present: Shri Udai Bhan Singh, learned counsel for the applicant and

Shri Asheesh Agnihotri, learned counsel for the respondents along with Maj


As prayed by Shri Udai Bhan Singh, learned counsel for the applicant,

list this case on 03.4.2017 for orders.



Form No. 4

[See rule 11(1)]

ORDER SHEET



M.A. No. 2087 of 2016 With M.A. Nos. 1874 & 1875 of 2016

Yogendra Kumar Sharma Applicant By Legal Practitioner for Applicant

Versus

Union of India & Others R

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