View
3
Download
0
Category
Preview:
Citation preview
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
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
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
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)
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.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) SB
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
EX.A. No. 199 of 2018 Inre O.A. No. 245 of 2016
Dhirendra Nath Singh Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others 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)
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.
List this case on 22.08.2019 for filing compliance report by the
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.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) SB
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
EX.A. No. 49 of 2019 Inre O.A. No. 171 of 2018
Rajit Ram Pandey Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others 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)
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.
List this case on 06.08.2019 for filing compliance report by the
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.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) SB
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
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
Versus Union of India & Others 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)
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.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) SB
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 911 of 2018 Inre O.A. No. Nil of 2018
Smt Urmila Devi Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others 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)
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.
List this case on 20.08.2019 for orders.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) SB
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 1194 of 2018 Inre O.A. No. Nil of 2018
Ram Bhajan Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others 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)
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.
List this case on 26.08.2019 for orders.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) SB
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
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
Versus Union of India & Others 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)
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.
List this case on 22.08.2019 for orders.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) SB
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 499 of 2018 with M.A. No. 1971 of 2018
Smt Anita Singh Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others 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)
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.
List this case on 31.07.2019 for orders.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) SB
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 562 of 2018
Rajvir Singh Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others 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)
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.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) SB
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 577 of 2018
Ex Sub Shiv Prasad Mishra Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others 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)
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.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) SB
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No 1180 of 2018 inre O.A. No Nil of 2018
Basant Pawar Vaman Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others 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 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/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 578 of 2018
Dinesh Chand Tiwari Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others 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 B.B.P. Sinha, Member (A)
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.
List this case on 27.08.2019 for orders.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) UKT/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 125 of 2019
Pradeep Kumar Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others 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 B.B.P. Sinha, Member (A)
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.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) UKT/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 126 of 2019
Raj Narain Tiwari Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others 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 B.B.P. Sinha, Member (A)
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.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) UKT/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 129 of 2019
Raj Kumar Singh Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others 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 B.B.P. Sinha, Member (A)
Present: Shri S.G. Singh, Ld. Counsel for the applicant and Ms.
Appoli Srivastava, 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.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) UKT/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 174 of 2019
Ex. Nk. Raj Bahadur Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others 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 B.B.P. Sinha, Member (A)
Present: Shri Pankaj Kumar Shukla, Ld. Counsel for the applicant
and Shri Arun Kumar Sahu, 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.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) UKT/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 202 of 2019
Ex. Sep. Jiledar Singh Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others 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 B.B.P. Sinha, Member (A)
Present: Shri Rohitash Kumar Sharma, Ld. Counsel for the
applicant and Shri Shyam Singh, 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 08.08.2019 for orders before Registrar Court for
exchange of pleadings.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) UKT/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
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
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 B.B.P. Sinha, Member (A)
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.
List this case on 19.08.2019 for orders.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) UKT/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. (A) No. 370 of 2018
Ex. Sub. Maj. Liladhar Appellant By Legal Practitioner for the Appellant
Versus Union of India & Others 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 B.B.P. Sinha, Member (A)
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.
List this case on 01.08.2019 for orders.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) UKT/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 262 of 2017
Sub. Sanjay Kumar Kushwaha Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others 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 B.B.P. Sinha, Member (A)
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.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) UKT/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 247 of 2015
Meera Devi Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others 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 B.B.P. Sinha, Member (A)
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.
The case is accordingly adjourned.
List this case on 23.08.2019 for hearing.
On the date fixed Ld. Counsel for the respondents shall produce
the original documents pertaining to the case for perusal of the Bench.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) UKT/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 23 of 2018
Gopal Chandra Mishra Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others 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 B.B.P. Sinha, Member (A)
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.
List this case on 02.08.2019 for hearing.
On the date fixed Ld. Counsel for the respondents shall produce
the original document including medical documents relating to the applicant
for perusal of the Bench.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) UKT/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 118 of 2018
D.S. Jasrotia Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others 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 B.B.P. Sinha, Member (A)
Present: Shri R. Chandra, Ld. Counsel for the applicant and Shri
Arun Kumar Sahu, Ld. Counsel for the respondents.
Heard learned counsel for the parties.
Arguments concluded.
Order is reserved.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) UKT/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 566 of 2018
Shailendra Pratap Singh Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others 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 B.B.P. Sinha, Member (A)
Present: Shri Sudhir Kumar Singh, Ld. Counsel for the applicant
and Shri R.C. Shukla, Ld. Counsel for the respondents.
Heard learned counsel for the parties.
Arguments concluded.
Order is reserved.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) UKT/-
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No.184 of 2019 Inre : T.A. No.1214 of 2010 Dharmendra Pratap Singh Petitioner By Legal Practitioner for the Petitioner
Versus Union of India & Others 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 B.B.P. Sinha, Member (A)
Present: Shri Pankaj Kumar Shukla, learned counsel for the
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
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
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
Versus Union of India & Others 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 B.B.P. Sinha, Member (A)
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.
List this case on 31.07.2019 for orders.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) PKG
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
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
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 B.B.P. Sinha, Member (A)
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.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) PKG
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
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
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 B.B.P. Sinha, Member (A)
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.
List this case on 19.08.2019 for orders.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) PKG
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 100 of 2018 Surendra Pal Verma Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others 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 B.B.P. Sinha, Member (A)
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.
List this case on 01.08.2019 for orders.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) PKG
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 211 of 2018 alongwith O.A.No.100 of 2018 Surendra Pal Verma Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others 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 B.B.P. Sinha, Member (A)
Present: Shri Tej Singh, learned counsel for the applicant
and Dr Gyan Singh, learned counsel for the respondents.
List this case on 01.08.2019 for orders.
For orders, see our order of date passed in the order sheet of
O.A.No.100 of 2018.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) PKG
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 127 of 2018 Santosh Kumar Singh Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others 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 B.B.P. Sinha, Member (A)
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.
List this case on 02.08.2019 for hearing.
On the date fixed, respondents shall produce the original
record pertaining to the case.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) PKG
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 147 of 2018 Krishna Kumar Singh Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others 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 B.B.P. Sinha, Member (A)
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.
List this case on 02.08.2019 for hearing.
On the date fixed, respondents shall produce the original
record pertaining to the case.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) PKG
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 325 of 2018 Sachchida Nand Tiwari Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others 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 B.B.P. Sinha, Member (A)
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.
List this case on 27.08.2019 for orders.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) PKG
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
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
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 B.B.P. Sinha, Member (A)
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.
List this case on 26.08.2019 for hearing.
On the date fixed, respondents shall produce the original
record pertaining to the case.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) PKG
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 413 of 2018 Bashistha Singh Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others 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 B.B.P. Sinha, Member (A)
Present: Shri Girish Tiwari, learned counsel for the applicant
and Shri Rajiv Pandey, learned counsel for the respondents.
Learned counsel for the parties submits that the pleadings are
complete and the case is ripe for hearing.
List this case on 31.07.2019 for hearing.
On the date fixed, respondents shall produce the original
record pertaining to the case.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) PKG
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 491 of 2018 Sep Sunil Kumar Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others 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 B.B.P. Sinha, Member (A)
Present: Shri Vikas Singh Chauhan, learned counsel for the
applicant and Shri Amit Jaiswal, learned counsel for the
respondents.
Learned counsel for the parties submits that the pleadings are
complete and the case is ripe for hearing.
List this case on 26.08.2019 for hearing.
On the date fixed, respondents shall produce the original
record pertaining to the case.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) PKG
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
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
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Memo of appearance filed by 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.
Shailendra Sharma Atal, learned counsel for the respondents.
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.
List this case on 11.07.2019 for orders.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) SB
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 364 of 2019
Ex Hav Mohd Nizamuddin Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Memo of appearance filed by Shri Yogesh Kesarwani, 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
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.
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 learned counsel for the applicant within two weeks, thereafter.
List this case on 20.08.2019 before Registrar Court for exchange of
pleadings.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) SB
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 365 of 2019
Ex L Nk Ranveer Singh Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Memo of appearance filed by Shri 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.
Present: Shri Rohit Kumar, learned counsel for the applicant and
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.
List this case on 20.08.2019 for orders.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) SB
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 366 of 2019
Ex Nk Saroj Kumar Mishra Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Memo of appearance filed by Shri Bhanu Pratap Singh, Advocate on
behalf of respondents is taken on record.
Present: Shri Rohit Kumar, learned counsel for the applicant and
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.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) SB
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
EX.A. No. 70 of 2019 Inre O.A. No. 626 of 2017
Ex Naik Rajbir Singh Bhadouria Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri R. Chandra, learned counsel for the applicant and Dr.
Shailendra Sharma Atal, learned counsel for the respondents.
Ex.A. No. 70 of 2019
This is fresh application filed by the applicant for execution of order
dated 08.05.2018 passed in O.A. No. 626 of 2017.
Learned counsel for the respondents prays for and is granted four
weeks time to seek instructions from the authority concerned and to file
compliance report.
List this case on 22.08.2019 for orders.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) SB
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
EX.A. No. 71 of 2019 Inre O.A. No. 591 of 2018
Ex Gnr Ratan Maity Applicant By Legal Practitioner for the Applicant
Versus The CO Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Memo of appearance filed by Shri Ashish Kumar 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.
Present: Shri Rohit Kumar, learned counsel for the applicant and
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
dated 18.02.2019 passed in O.A. No. 591 of 2018.
Learned counsel for the respondents prays for and is granted four
weeks time to seek instructions from the authority concerned and to file
compliance report.
List this case on 23.08.2019 for orders.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) SB
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
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
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
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.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) SB
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
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
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
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
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
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.
List this case on 22.07.2019 for orders.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) SB
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
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
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)
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.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) PKG
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
Ex.A. No. 205 of 2018 Inre : T.A. No. 671 of 2010 Ex Sub Umakant Mishra Petitioner By Legal Practitioner for the Petitioner
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)
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.
List this case on 22.08.2019 for orders.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) PKG
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
Ex.A. No. 215 of 2018 Inre : T.A. No. 75 of 2011 Ex Swr Ashok Kumar Petitioner By Legal Practitioner for the Petitioner
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)
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,
List this case on 23.08.2019 for orders.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) PKG
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 1343 of 2018 Inre : O.A. No. Nil of 2018 Sardar Singh Tomar Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)
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.
Learned counsel for the respondents prays for and is granted
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.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) PKG
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 1475 of 2018 Inre : O.A. No. Nil of 2018 Ex Rect Yakoob Ali Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)
Present: Shri Shyam Sunder Bajpai, Advocate holding brief of
Shri Dharam Raj Singh, learned counsel for the applicant and Dr
Shailendra Sharma Atal, learned counsel for the respondents.
Shri Shyam Sunder Bajpai, Advocate holding brief, pays for
adjournment on the ground of non availability of the learned counsel
for the applicant.
In the interest of justice, the case is passed over for the day.
List this case on 23.08.2019 for orders.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) PKG
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
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
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)
Present: Shri Pankaj Kumar Shukla, learned counsel for the
applicant and Dr Shailendra Sharma Atal, learned counsel for the
respondents.
M.A. No. 1562 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 34 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
regular service pension (Reservist Army Person), which is a
recurring cause of action.
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 within two weeks thereafter.
List this case on 21.08.2019 for exchange of pleadings before
the Registrar Court.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) PKG
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
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
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)
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.
In the interest of justice, the case is passed over for the day.
List this case on 07.08.2019 for orders.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) PKG
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
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
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)
Present: Shri KK Misra, learned counsel for the applicant
and Shri DK Pandey, learned counsel for the respondents.
M.A. No. 1858 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.
Learned counsel for the respondents prays for and is granted
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.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) PKG
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 10 of 2019 Inre : O.A. No. Nil of 2019 Ex Rect Jitendra Yadav Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)
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.
List this case on 27.08.2019 for orders.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) PKG
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
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
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)
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.
List this case on 27.08.2019 for orders.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) AKD/UKT/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 145 of 2015
Lt. Col. Pawan Kumar Gaur Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)
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.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) AKD/UKT/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 654 of 2017
Bharat Singh Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)
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.
List this case on 21.08.2019 for orders.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) AKD/UKT/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 416 of 2018
Gulab Prasad Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)
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.
List this case on 02.08.2019 for hearing.
On the date fixed Ld. Counsel for the respondents shall produce
the original documents pertaining to the case for perusal of the Bench.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) AKD/UKT/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
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
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)
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.
List this case on 19.08.2019 for orders.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) AKD/UKT/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 580 of 2018
Lt. Col. K.V. Gopalakrishna Iyer (Retd.) Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)
Present: Col. Y.R. Sharma (Retd.), Ld. Counsel for the applicant
and Shri Amit Jaiswal, Ld. Counsel for the respondents.
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.
List this case on 27.08.2019 for orders.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) AKD/UKT/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 588 of 2018
Smt. Shiv Kumari Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)
Present: Shri Pankaj Kumar Shukla, Ld. Counsel 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.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) AKD/UKT/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 598 of 2018
Ex. AC (U/T) Manish Kumar Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)
Present: Shri Manoj Kumar Awasthi, Ld. Counsel for the applicant
and Dr. Shailendra Sharma Atal, Ld. Counsel for the respondents.
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.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) AKD/UKT/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 602 of 2018
Smt. Betee Devi Widow of Sep. (Late) Dasharat Singh Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)
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.
List this case on 23.08.2019 for orders.
Meanwhile the Ld. Counsel for applicant shall incorporate the
amendment and take steps for issuance of notice.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) AKD/UKT/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 131 of 2019
Ex. Sub. Vijay Prasad Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)
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.
List this case on 11.07.2019 for orders.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) AKD/UKT/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 134 of 2019
Prabhunath Singh Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)
Present: Shri Satendra Kumar Singh, Ld. Counsel for the applicant
and Shri Amit Jaiswal, Ld. Counsel for the respondents.
Ld. Counsel the respondents prays for time to file Counter
Affidavit.
List this case on 08.08.2019 before the Registrar Court for
exchange of pleadings.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) AKD/UKT/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 198 of 2019
Ex. WO Chandra Bhan Tripathi Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)
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.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) AKD/UKT/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 249 of 2019
Ex. WO Chhedi Singh Rathor Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)
Present: Shri R. Chandra, Advocate holding brief of Shri Yashpal
Singh, Ld. Counsel for the applicant and Shri Namit Sharma, Ld. Counsel
for the respondents.
Brief holder appearing on behalf of the Ld. Counsel for the
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
exchange of pleadings.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) AKD/UKT/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 548 of 2017
Satyapal Singh Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)
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.
List this case on 30.07.2019 for orders.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) AKD/UKT/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 670 of 2017
Pushpa Devi Pandey Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)
Present: Shri Pankaj Kumar Shukla, Ld. Counsel 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.
List this case on 27.08.2019 for hearing.
On the date fixed Ld. Counsel for the respondents shall produce
the original documents pertaining to the case for perusal of the Bench.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) AKD/UKT/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 271 of 2017
Chintamani Mishra Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)
Present: Shri R. Chandra, Advocate holding brief of Shri Yashpal
Singh, Ld. Counsel for the applicant and Shri Namit Sharma, 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.
List this case on 28.08.2019 for hearing.
On the date fixed Ld. Counsel for the respondents shall produce
the original documents pertaining to the case for perusal of the Bench.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) AKD/UKT/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 596 of 2017
Pushkar Bharti Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)
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.
List this case on 29.08.2019 for hearing.
On the date fixed Ld. Counsel for the respondents shall produce the
original documents pertaining to the case for perusal of the Bench.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) AKD/UKT/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 668 of 2017
Radha Raman Shukla Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)
Present: Shri Birendra Narain Shukla, Ld. Counsel for the
applicant and Shri Namit Sharma, Ld. Counsel for the respondents.
Heard arguments.
Judgment is reserved.
(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) AKD/UKT/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
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
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
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
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
MA No. 645 of 2018
In re: OA No. Nil of 2018
Sukhdev Singh Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
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
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
O.A. No. 235 of 2018
Hosila Prasad Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
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
and Dr. Shailendra Sharma Atal, Ld. Counsel for the respondents.
Heard learned counsel for the parties.
Arguments concluded.
Judgment reserved.
(Air Marshal B.B.P. Sinha) (Justice SVS Rathore) Member (A) Member (J) jpt/gsr
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
O.A. No. 244 of 2018
Surendra Singh Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice SVS Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)
Present: Shri Rohit Kumar, Ld. Counsel for the applicant and Ms
Anju Singh, Ld. Counsel for the respondents.
Heard learned counsel for the parties.
Arguments concluded.
Judgment reserved.
(Air Marshal B.B.P. Sinha) (Justice SVS Rathore) Member (A) Member (J) jpt/gsr
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
O.A. No. 402 of 2018
Ex Sub Prasanth M Kurup Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice SVS Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)
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.
List this case on 20.08.2019 for hearing.
(Air Marshal B.B.P. Sinha) (Justice SVS Rathore) Member (A) Member (J) jpt/gsr
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
O.A. No. 427 of 2018
Hony Nb Sub Ram Karan Singh Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice SVS Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)
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.
List this case on 28.08.2019 for hearing.
(Air Marshal B.B.P. Sinha) (Justice SVS Rathore) Member (A) Member (J) jpt/gsr
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
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
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice SVS Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)
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.
List this case on 27.08.2019 for hearing.
(Air Marshal B.B.P. Sinha) (Justice SVS Rathore) Member (A) Member (J) jpt/gsr
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
T.A. No. 6 of 2014
Sepoy Ramesh Prasad Petitioner By Legal Practitioner for the Petitioner
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice SVS Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)
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.
List this case on 26.08.2019 for hearing.
(Air Marshal B.B.P. Sinha) (Justice SVS Rathore) Member (A) Member (J) jpt/gsr
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
T.A. No. 41 of 2016
Smt Shakuntla Devi Petitioner By Legal Practitioner for the Petitioner
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice SVS Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)
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.
List this case on 29.08.2019 for hearing.
(Air Marshal B.B.P. Sinha) (Justice SVS Rathore) Member (A) Member (J) jpt/gsr
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
T.A. No. 16 of 2017
SP Shukla Petitioner By Legal Practitioner for the Petitioner
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice SVS Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)
Present: Shri R. Chandra, Advocate holding brief of Shri Yashpal
Singh, Ld. Counsel for the petitioner and Shri R.C. Shukla, Ld. Counsel for
the respondents.
Learned counsel appearing on behalf of the applicant prays for
adjournment.
List this case on 29.08.2019 for hearing.
(Air Marshal B.B.P. Sinha) (Justice SVS Rathore) Member (A) Member (J) jpt/gsr
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
T.A. No. 13 of 2018
Ex Sep Sanjay Kumar Petitioner By Legal Practitioner for the Petitioner
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
04.07.2019 Hon’ble Mr. Justice SVS Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)
Present: Shri R. Chandra, Advocate holding brief of Shri Yashpal
Singh, Ld. Counsel for the petitioner and Dr. Shailendra Sharma Atal, Ld.
Counsel for the respondents.
Learned counsel appearing on behalf of the applicant prays for
adjournment.
List this case on 30.08.2019 for hearing.
(Air Marshal B.B.P. Sinha) (Justice SVS Rathore) Member (A) Member (J) jpt/gsr
Recommended