form no. 4 {see rule 11(1)} order sheet armed forces ...aftlko.up.nic.in/c1 daily order/c1...
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Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
Ex-A/19 of 2012 with M.A. No 56 of 2017 Inre T.A. No. 67 of 2010 Jagdish Singh Mahara Petitioner By Legal Practitioner for the Petitioner
Versus
DG Inf & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Dr. Gyan Singh, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Case called out.
None responds for the applicant.
List this case for orders before the Circuit Bench at Nainital
on 15.01.2018.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
Ex-A/83 of 2017 Inre O.A. No. 76 of 2016 Dan Singh Mehra 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri A.K. Sahu, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Case called out.
None responds for the applicant.
List this case for orders before the Circuit Bench at Nainital
on 15.01.2018.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
Ex-A/100 of 2017 Inre O.A. No. 07 of 2013 Mukesh 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Amit Sharma, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Case called out.
None responds for the applicant.
List this case for orders before the Circuit Bench at Nainital
on 15.01.2018.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
Ex-A/117 of 2017 Inre O.A. No. 244 of 2014 Balwant Singh Parihar 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present Shri Bhanu Pratap Singh, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Case called out.
None responds for the applicant.
List this case for orders before the Circuit Bench at Nainital
on 15.01.2018.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 1431 of 2014 with M.A. No. 1432 of 2014 Inre Dy No 162 of 2013
Balam Ram 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Amit Sharma, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Case called out.
None responds for the applicant.
List this case for orders before the Circuit Bench at Nainital
on 15.01.2018.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 537 of 2016 with R.A. No. 20 of 2016 & M.A. No. 2233 of 2016 Inre M.A. No. 1652 of 2014
Smt Sagro 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Dr. Gyan Singh, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Case called out.
None responds for the applicant.
List this case for orders before the Circuit Bench at Nainital
on 15.01.2018.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 2027 of 2016 with M.A. No. 554 of 2017 Inre OA Nil of 2016
Kharak 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Dr. Gyan Singh, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Case called out.
None responds for the applicant.
List this case for orders before the Circuit Bench at Nainital
on 15.01.2018.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 837 of 2017 with M.A. No. 838 of 2017 Inre M.A. No. 477 of 2016
Pushkar 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Dr. Gyan Singh, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Case called out.
None responds for the applicant.
List this case for orders before the Circuit Bench at Nainital
on 15.01.2018.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 839 of 2017 with M.A. No. 840 of 2017 Inre M.A. No. 476 of 2016
Liladhar Bhatt 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Dr. Gyan Singh, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Case called out.
None responds for the applicant.
List this case for orders before the Circuit Bench at Nainital
on 15.01.2018.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 1248 of 2017 Inre O.A. No. Nil of 2017 Ex Capt (MNS) Hema Bist 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri A.K. Sahu, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Case called out.
None responds for the applicant.
List this case for orders before the Circuit Bench at Nainital
on 15.01.2018.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 1251 of 2017 Inre O.A. No. Nil of 2017 Diwan Singh Bora 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Dr. Chet Narain Singh, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Case called out.
None responds for the applicant.
List this case for orders before the Circuit Bench at Nainital
on 15.01.2018.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 1252 of 2017 Inre O.A. No Nil of 2017 Laxmi 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri RC Shukla, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Case called out.
None responds for the applicant.
List this case for orders before the Circuit Bench at Nainital
on 15.01.2018.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 1276 of 2017 Inre O.A. No. Nil of 2017 Rajendra 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Dr. Gyan Singh, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Case called out.
None responds for the applicant.
List this case for orders before the Circuit Bench at Nainital
on 15.01.2018.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 195 of 2010 Anil Kumar Arya 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Dr. Gyan Singh, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Case called out.
None responds for the applicant.
List this case for orders before the Circuit Bench at Nainital
on 15.01.2018.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 185 of 2014 Lal Bahadur Gurung 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Amit Sharma, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Case called out.
None responds for the applicant.
List this case for orders before the Circuit Bench at Nainital
on 15.01.2018.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 19 of 2015 Smt Manju Joshi & Ors Applicants 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Dr. Chet Narain Singh, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Case called out.
None responds for the applicants.
List this case for orders before the Circuit Bench at Nainital
on 15.01.2018.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 48 of 2017 Smt Radhika 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Dr. Gyan Singh, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Case called out.
None responds for the applicant.
List this case for orders before the Circuit Bench at Nainital
on 15.01.2018.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 53 of 2017 Ishwar Singh Chiral 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present Shri Bhanu Pratap Singh, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Case called out.
None responds for the applicant.
List this case for orders before the Circuit Bench at Nainital
on 15.01.2018.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 54 of 2017 Kedar 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Dr. Gyan Singh, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Case called out.
None responds for the applicant.
List this case for orders before the Circuit Bench at Nainital
on 15.01.2018.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 55 of 2017 Jai Prakash 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri RC Shukla, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Case called out.
None responds for the applicant.
List this case for orders before the Circuit Bench at Nainital
on 15.01.2018.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 68 of 2017 Bhim 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri RC Shukla, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Case called out.
None responds for the applicant.
List this case for orders before the Circuit Bench at Nainital
on 15.01.2018.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 75 of 2017 Randheer 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Dr. Chet Narain Singh, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Case called out.
None responds for the applicant.
List this case for orders before the Circuit Bench at Nainital
on 15.01.2018.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 448 of 2017 Kundan 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Bhanu Pratap Singh, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Case called out.
None responds for the applicant.
Counter affidavit filed by the respondents is taken on
record. The applicant may file rejoinder affidavit within two
weeks.
List this case for orders before the Circuit Bench at Nainital
on 15.01.2018.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 449 of 2017 Dhan 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Dr. Chet Narain Singh, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Case called out.
None responds for the applicant.
List this case for orders before the Circuit Bench at Nainital
on 15.01.2018.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
RA No 23 of 2015 Inre TA No 101 of 2011 BS Ghuman 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Dr. Chet Narain Singh, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Case called out.
None responds for the applicant.
List this case for orders before the Circuit Bench at Nainital
on 15.01.2018.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
T.A. No. 21 of 2017 Vinod Chand 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Dr. Gyan Singh, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Case called out.
None responds for the applicant.
List this case for orders before the Circuit Bench at Nainital
on 15.01.2018.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 52 of 2017 Bhupal Singh Jantwal 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri AK Sahu, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Case called out.
None responds for the applicant.
List this case for hearing before the Circuit Bench at
Nainital on 15.01.2018.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
TA No 565 of 2010 Khima Nand 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Amit Sharma, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Case called out.
None responds for the applicant.
List this case for hearing before the Circuit Bench at
Nainital on 15.01.2018.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 1309 of 2017 In re: T.A. 1402 of 2010
Anurag 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri K.K. Mishra, Ld. Counsel for the petitioner
and Shri Namit Sharma, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
On the insistent request made by learned counsel for the
respondents, the case is directed to be listed on 01.12.2017 for
further hearing.
It is stated that cost of Rs 500/- imposed by order dated
02.11.2017 has not yet been deposited.
Let it be deposited by the next date fixed.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 2122 of 2017 In re: O.A. Nil of 2017
Rajai Pal 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Memo of appearance filed today in court by Shri
B.P.Singh as counsel for the respondents is taken on record. Let
his name be shown as counsel for the respondents when the
case is next listed.
Present: Shri A.K. Singh, Ld. Counsel for the applicant and
Shri B.P.Singh, Ld. Counsel for the respondents, assisted by
Maj Salen Xaxa, OIC Legal Cell.
Learned counsel for the respondents prays for and is
granted three weeks’ time to file objection to the Application for
condonation of delay. Replication, if any, may be filed within one
week next thereafter.
List this case on 10.01.2018 for admission.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 2127 of 2017 In re: O.A. Nil of 2017
Jwala Prasad Upadhyay 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Memo of appearance filed today in court by Shri Ashish
Kumar Singh as counsel for the respondents is taken on record.
Let his name be shown as counsel for the respondents when the
case is next listed.
Present: Shri P.K. Shukla, Ld. Counsel for the applicant
and Shri Ashish Kumar Singh, Ld. Counsel for the respondents,
assisted by Wg Cdr Sardul Singh, OIC Legal Cell.
Learned counsel for the respondents prays for and is
granted three weeks’ time to file objection to the Application for
condonation of delay. Replication to it if any may be filed within
one week next thereafter.
List this case on 10.01.2018 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 2130 of 2017 In re: O.A. Nil of 2017
Surendra Nath 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Memo of appearance filed today in court by Ms Deepti P.
Bajpai as counsel for the respondents is taken on record. Let his
name be shown as counsel for the respondents when the case is
next listed.
Present: Shri R. Chandra, Ld. Counsel for the applicant
and Ms Deepti P. Bajpai Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Learned counsel for the respondents prays for and is
granted three weeks’ time to file objection to the Application for
condonation of delay. Replication to it if any may be filed within
one week next thereafter.
List this case on 10.01.2018 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 2131 of 2017 In re: O.A. Nil of 2017
Malkhan Singh 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Memo of appearance filed today in court by Dr. Shesh
Narain Pandey, as counsel for the respondents is taken on
record. Let his name be shown as counsel for the respondents
when the case is next listed.
Present: Shri K.K. Mishra, Ld. Counsel for the applicant
and Dr. Shesh Narain Pandey , Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Learned counsel for the respondents prays for and is
granted three weeks’ time to file objection to the Application for
condonation of delay. Replication to it if any may be filed within
one week next thereafter.
List this case on 03.01.2018 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 578 of 2017
Lakshyadeep Singh 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Krishan Lal, Ld. Counsel for the applicant
and Dr. Shailesh Sharma Atal, learned counsel for the
respondents assisted by Maj Salen Xaxa, OIC Legal Cell.
Learned counsel for the respondents has raised objection
with regard to reliefs sought in the O.A.
Learned counsel for the Applicant prays for a day’s time to
amend the relief.
In view of the above, the O.A is directed to be listed on
01.12.2017 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
D.Y. No. 2769 of 2016 with M.A. No. 1637 of 2017
In re: O.A. Nil of 2016
Sunil Tewari 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri V.A. Singh, Ld. Counsel for the applicant and Shri
Bhanu Pratap Singh, Ld. Counsel for the respondents, assisted by
Maj Salen Xaxa, OIC Legal Cell.
Replication has not yet been filed by the applicant to the
objection.
M.A.No.1637 of 2017
We have heard learned counsel for the parties and perused the
record on the Application seeking condonation of delay.
Since prayer made in the O.A is for grant of disability pension, it
being a recurring cause of action, case is made out for condoning the
delay.
In view of the above, the Application is allowed and the delay in
filing the O.A is condoned.
Admit.
Learned counsel for the Applicant prays for and is granted three
weeks’ time to file counter affidavit. Rejoinder affidavit, if any, may be
filed within two weeks next thereafter.
List this case on 11.01.2018 for hearing in case counter and
rejoinder affidavits are exchanged or else it be listed for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 2128 of 2017 In re: M.A. 2475 of 2016
Sone Devi Mishrain 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Memo of appearance filed today in court by Shri
Virendra Singh, as counsel for the respondents is taken on
record. Let his name be shown as counsel for the
respondents when the case is next listed.
Present: Shri Rakesh Kumar, Ld. Counsel for the
applicant and Shri Virendra Singh, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
M.A.No 2128 of 2017
We have heard learned counsel for the Applicant as
also learned counsel for the respondents.
Learned counsel for the Applicant has explained his
absence on the date. In view of the above, we are of the
view that the explanation offered is cogent and convincing.
The Application is allowed and the order dated 01.11.2017 is
recalled of course subject to payment of cost which we
quantify at Rs 500/- to be deposited within a week. On cost
being deposited the same shall be remitted to the account of
Local Bar Association for being utilised for up-gradation of
its library.
Replication to objection was to be filed vide order
dated 10.08.2017. Let it be filed by the next date fixed.
List this case on 12.12.2017 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
T.A. No. 03 of 2017
Kamlesh 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Memo of appearance filed today in court by A.N.Tripathi,
as counsel for the respondents is taken on record. Let his name
be shown as counsel for the respondents when the case is next
listed.
Present: None for the petitioner and Shri A.N.Tripathi, Ld.
Counsel for the respondent, assisted by Maj Salen Xaxa, OIC
Legal Cell.
It is Transferred Application in which notices were issued
to be served on the petitioner. According to the office report, the
notices have been served on the petitioner and yet there is no
appearance for the petitioner.
In view of the above, the petition is dismissed for want of
prosecution.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
D.Y. No. 1367 of 2017 with M.A. No. 1247 of 2017
In re: O.A. Nil of 2017
Avnish 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Satish Chandra, Ld. Counsel for the
applicant and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Objection filed today is taken on record.
Replication, if any, may be filed within two weeks.
List this case on 19.12.2017 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
EX-A No. 73 of 2017 In re: T.A. 96 of 2016
Maj Gen DVS Rana 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri K.C. Ghildyal, Ld. Counsel for the petitioner
and Shri V.P.S. Vats, Ld. Counsel for the respondents, assisted
by Maj Salen Xaxa, OIC Legal Cell.
It is informed that interim order passed in this case by the
Apex Court is still continuing.
In view of the above, list this case on 20.02.2018 awaiting
further orders from the Apex Court.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
EX-A No. 170 of 2017 In re: T.A. 208 of 2010
Gopal Pandey 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri D.C. Tewari, Ld. Counsel for the petitioner
and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
This is an Application seeking execution of the order
passed by the Tribunal.
OIC Legal Cell prays for four weeks’ time in order to seek
instructions in the matter.
List this case on 09.01.2018 for showing cause why the
order of the Tribunal dated 01.05.2017 has not yet been
complied with.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 1900 of 2016 In re: O.A. No. Nil of 2016
Bhaiya Lal 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Ashok Kumar, Ld. Counsel for the applicant
and Shri Kaushik Chatterjee, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Despite time having been granted on several occasions,
replication has not yet been filed.
As prayed, one week’s further time is allowed to file
replication.
List this case on 21.12.2017 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 2465 of 2016 In re: O.A. Nil of 2016
Munni Lal Ram 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri V.P. Pandey, Ld. Counsel for the applicant
and Shri A.K. Sahu, Ld. Counsel for the respondents, assisted
by Maj Salen Xaxa, OIC Legal Cell.
Reply to supplementary affidavit was to be filed by the
learned counsel for the respondents vide order dated
12.09.2017.
Learned counsel for the respondents prays for further time
to file reply to the supplementary affidavit.
In view of the above, the case is directed to be listed on
19.12.2017 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A No. 588 of 2017 In re: O.A. No. Nil of 2017
Ajay Kumar K 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Col Y.R. Sharma (Retd), Ld. Counsel for the
Applicant and Shri Sunil Sharma, Ld. Counsel for the
Respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Learned counsel for the respondents was to file counter
affidavit within four weeks vide order dated 11.09.2017. No
counter affidavit has yet been filed.
As prayed, three weeks further time is granted to file
counter affidavit. Rejoinder affidavit, if any, may be filed within
two weeks next thereafter.
List this case on 10.01.2018 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 653 of 2017 with M.A. No. 1289 of 2017 In re: O.A. Nil of 2017
Smt Jinntun Nisha 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri P.K. Shukla, Ld. Counsel for the applicant
and Shri A.K. Sahu, Ld. Counsel for the respondents, assisted
by Maj Salen Xaxa, OIC Legal Cell.
Two weeks time was granted to file replication to the
objection vide order dated 23.10.2017. No replication has yet
been filed.
As prayed a week’s further time is granted to file
replication.
List this case on 21.12.2017 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A No. 1265 of 2017 In re: O.A. No. Nil of 2017
Radhey Shyam 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri K.K. Mishra, Ld. Counsel for the Applicant
and Shri V.P.S. Vats, Ld. Counsel for the Respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Objection was to be filed within two weeks vide order
dated 23.10.2017.
As prayed a week’s further time is allowed to file objection.
Replication, if any, may be filed within one week next thereafter.
List this case on 21.12.2017 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A No. 1274 of 2017 In re: O.A. No. Nil of 2017
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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri K.K. Mishra, Ld. Counsel for the Applicant
and Shri G.S. Sikarwar, Ld. Counsel for the Respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Objection filed by learned counsel for the respondents is
taken on record. Replication, if any may be filed within three
weeks.
List this case on 15.01.2018 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A No. 1439 of 2017 In re: O.A. No. Nil of 2017
Shailendra Singh (Deceased) Through Savita Singh 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Satendra Kumar Singh, Ld. Counsel for the
Applicant and Shri Ashish Saxena, Ld. Counsel for the
Respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Time was granted to file objection and replication vide
order dated 01.09.2017.
As prayed, two weeks’ further time is allowed to file
objection. Replication, if any, may be filed within one week next
thereafter.
List this case on 19.12.2017 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A No. 1531 of 2017 In re: O.A. No. Nil of 2017
Paras Nath 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri P.K. Shukla, Ld. Counsel for the applicant
and Shri Rajiv Pandey, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Objection filed today is taken on record.
Replication, if any, may be filed within one week.
List this case for orders on 06.12.2017.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A No. 1574 of 2017 In re: O.A. No. Nil of 2017
Shri 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Maj R.D. Singh (Retd), Ld. Counsel for the
applicant and Shri R.C. Shukla, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Objection filed today is taken on record.
Replication, if any, may be filed within one week.
List this case for orders on 19.12.2017.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A No. 143 of 2015 with M.A. No. 1019 of 2016
Shaikh Ibrahim 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Rohit Kumar, Ld. Counsel for the applicant
and Shri Amit Jaiswal, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Heard.
Arguments concluded.
Judgment reserved.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A No. 17 of 2016 with M.A. No. 2442 of 2016
Rajender Singh Bisht 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: None for the applicant and Shri Kaushik
Chatterjee, Ld. Counsel for the respondents, assisted by Maj
Salen Xaxa, OIC Legal Cell.
Learned counsel for the Applicant is stated to be not
available today.
Rejoinder affidavit has not yet been filed.
In view of the above, the case is adjourned and is directed
to be listed on 12.12.2017 for orders.
In the meanwhile, rejoinder affidavit may be filed.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A No. 87 of 2016 with M.A. No. 2056 of 2017 & M.A. No. 765 of 2016
Diwan 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Parijaat Belaura, Ld. Counsel for the
applicant and Shri Bhanu Pratap Singh, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Counter affidavit has been filed but rejoinder affidavit has
not yet been filed in terms of earlier order dated 12.10.2017.
As prayed, a week’s further time is allowed to file rejoinder
affidavit.
List this case on 15.12.2017 for hearing in case rejoinder
affidavit is filed or else it shall be listed for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A No. 218 of 2016
Shitla Prasad 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri S. Chandra, Ld. Counsel for the applicant
and Ms Deept P. Bajpai, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed, two weeks’ further time is granted to file
counter affidavit. Rejoinder affidavit if any may be filed within
one week next thereafter.
List this case on 15.12.2017 for orders. (Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A No. 324 of 2016
Harbans Singh Through Manmeet 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri D.S. Tiwari, Ld. Counsel for the applicant
and Shri A.K. Sahu, Ld. Counsel for the respondents.
As prayed, two weeks’ further time is allowed to file
counter affidavit. Rejoinder affidavit, if any, may be filed within
one week next thereafter.
List this case on 21.12.2017 for hearing in case counter
and rejoinder affidavits are exchanged or else the case shall be
listed for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A No. 121 of 2017
Bishwanath 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Vinay Pandey, Ld. Counsel for the applicant
and Shri Rajiv Pandey, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Despite time having been granted, rejoinder affidavit has
not been filed.
List this case on 05.12.2017 for orders.
In the meanwhile, rejoinder affidavit may be filed by the
date fixed.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
T.A. No. 05 of 2017
Anand Prakash Tiwari 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: None for the petitioner and Shri Md Zafar Khan,
Ld. Counsel for the respondents, assisted by Wg Cdr Sardul
Singh, OIC Legal Cell.
In the instant case, notices were directed to be served on
the petitioner for his appearance. According to office report,
notices were duly served on the petitioner. Despite notices
having been served, there is no appearance for the petitioner.
In view of the above, the case is dismissed for want of
prosecution.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 2057 of 2017 with T.A. No. 42 of 2017
Col Mukul Singhal 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri R. Chandra, Ld. Counsel for the petitioner
and Dr. Chet Narain Singh, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
The case has been argued by the petitioner himself as his
counsel could not appear due to flight being late in arrival at
Lucknow.
From the record, it appears that rejoinder affidavit has not
been filed.
In view of the above, two days’ time is granted to file
rejoinder affidavit.
List this case on 06.12.2017 for further hearing.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
T.A. No. 572 of 2010 Along with T.A. No. 573 of 2010
& T.A. No. 633 of 2010
HCS Rautela Petitioner By Legal Practitioner for the Petitioner
Versus
Chief of Army Staff & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Rohit Kumar, Ld. Counsel for the petitioner
and Shri Sushil Kumar Singh, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed, list this case for further hearing on 04.12.2017
alongwith other connected cases.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
T.A. No. 633 of 2010 Along with T.A. No. 635 of 2010
& T.A. No. 572 of 2010
Upendra Singh Chauhan Petitioner By Legal Practitioner for the Petitioner
Versus
Chief of Army Staff & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Rohit Kumar, Ld. Counsel for the petitioner
and Shri Md Zafar Khan, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed, list this case for further hearing on 04.12.2017
alongwith other connected cases.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
T.A. No. 635 of 2010 with T.A. No. 1479 of 2010
Along with T.A. No. 633 of 2010 T.A. No. 572 of 2010
Anil Joshi 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
30.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Rohit Kumar, Ld. Counsel for the petitioner
and Shri Namit Sharma, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed, list this case for further hearing on
04.12.2017 alongwith other connected cases.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
D.Y. No. 2451 of 2017 In re: O.A. Nil of 2017
Col Gyan Prakash Srivastava (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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Memo of appearance filed by Shri Siddharth Dhaon on behalf of
the respondents is taken on record. His name shall be shown in the
cause list.
Present: Shri TB Srivastava, Ld. Counsel for the applicant and
Shri Siddharth Dhaon, Ld. Counsel for the respondents, assisted by
Maj Salen Xaxa, OIC Legal Cell.
Heard Ld. Counsel for the applicant and Ld. Counsel for the
respondents assisted by Maj Salen Xaxa, OIC Legal Cell.
The applicant has preferred the instant O.A. for grant of
disability pension. He had also filed a statutory appeal, which is
pending.
Accordingly, without entering into the merits of the controversy,
with the consent of Ld. Counsel for the parties, we decide the present
O.A. finally directing the competent authority to decide the statutory
appeal of the applicant in accordance with rules keeping in view the
Apex Court judgment in the case of Dharambir Singh vs. Union of
India and others reported in (2013) 7 SCC 316 and Sukhvinder
Singh vs. Union of India, reported in (2014) STPL (WEB) 468 SC,
expeditiously, say, within four months from the date of receipt of
certified copy of this order.
No order as to costs.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 2091 of 2017 In re: O.A. Nil of 2017
Siddharth Shankar 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Memo of appearance filed by Shri Ashish Saxena on
behalf of the respondents is taken on record. His name shall be
shown in the cause list.
Present: Col (Retd) A.K. Srivastava, Ld. Counsel for the
applicant and Shri Ashish Saxena, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed by Ld. Counsel for the respondents, two weeks’
time is allowed to file objection on application for condonation of
delay to which Ld. Counsel for the applicant may file replication
within next one week.
List the case on 18.12.2017 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 2109 of 2017 In re: O.A. Nil of 2017
Samar Pal 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Memo of appearance filed by Dr. Gyan Singh on behalf of
the respondents is taken on record. His name shall be shown in
the cause list.
Present: Shri KK Mishra, Ld. Counsel for the applicant and
Dr. Gyan Singh, Ld. Counsel for the respondents, assisted by
Maj Salen Xaxa, OIC Legal Cell.
As prayed by Ld. Counsel for the respondents, two weeks’
time is allowed to file objection on application for condonation of
delay to which Ld. Counsel for the applicant may file replication
within next one week.
List the case on 18.12.2017 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 2110 of 2017 In re: O.A. Nil of 2017
Shauvir 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Memo of appearance filed by Ms Amrita Chakraborty on
behalf of the respondents is taken on record. His name shall be
shown in the cause list.
Present: Shri KK Mishra, Ld. Counsel for the applicant and
Ms Amrita Chakraborty, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed by Ld. Counsel for the respondents, two weeks’
time is allowed to file objection on application for condonation of
delay to which Ld. Counsel for the applicant may file replication
within next one week.
List the case on 18.12.2017 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 2113 of 2017 In re: O.A. Nil of 2017
KL Gupta 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Memo of appearance filed by Dr. Shailendra Sharma Atal
on behalf of the respondents is taken on record. His name shall
be shown in the cause list.
Present: Shri V.P. Pandey, Ld. Counsel for the applicant
and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Ld. Counsel for the respondents prays for and is granted
four weeks’ time to file objection on application for condonation
of delay to which Ld. Counsel for the applicant may file
replication within next two weeks.
List the case on 15.01.2018 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 579 of 2017
Ajit Singh Rajput 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Memo of appearance filed by Shri G.S. Sikarwar on behalf
of the respondents is taken on record. His name shall be shown
in the cause list.
Present: Shri Rohit Kumar, Ld. Counsel for the applicant
and Shri G.S. Sikarwar, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
List the case on 08.12.2017 to show cause as to why the
applicant’s pending statutory appeal has not been decided.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
EX-A No. 201 of 2017 In re: O.A. 340 of 2015
Jitendra 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Memo of appearance filed by Shri Namit Sharma on behalf
of the respondents is taken on record. His name shall be shown
in the cause list.
Present: Shri R. Chandra, Ld. Counsel for the applicant
and Shri Namit Sharma, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Ld. Counsel for the respondents submits that the
Government sanction has been accorded and the PPO is likely
to be issued very soon.
List the case on 02.01.2018 to enable the respondents to
submit compliance report, including copy of the PPO.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 1433 of 2017 with M.A. No. 2118 of 2017
In re: O.A. Nil of 2017
Maj Rajendra Singh & 23 Others Applicants By Legal Practitioner for the Applicants
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri V.K. Pandey, Ld. Counsel for the applicants
and Ms Appoli Srivastava, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Objection filed by the respondents is taken on record.
Ld. Counsel for the respondents raised preliminary
objection that some of the applicants are outsiders and are not
residing within the jurisdiction of this Tribunal, hence the petition
is not maintainable. The second submission of the Ld. Counsel
for the respondents is that the affidavit has not been filed on
behalf of all the applicants while making prayer for condonation
of delay.
So far as first limb of argument is concerned the
arguments advanced on behalf of the applicant in reply thereto is
that though some of the persons are belonging to other states
but they are presently, temporarily, residing in the state of UP,
which falls within the jurisdiction of this Tribunal.
Rule 6 of the Armed Forces Tribunal (Procedure) Rules
2008 deals with the place of filing of application which is
reproduced as under:-
“6 Place of filing application. (1) An application shall ordinarily be filed by the applicant with the Registrar of the Bench within whose jurisdiction.
(i) the applicant is posted for the time being, or was last posted or attached; or (ii) where the cause of action, wholly or in part, has arisen: Provided that with the leave of the Chairperson the application may be filed with the Registrar of the Principal Bench and subject to the orders under section 14 or section 15 of the Act, such application shall be heard and disposed of by the Bench which has jurisdiction over the matter. (2) Notwithstanding anything contained in sub-rule (1), a person who has ceased to be in service by reason of his retirement, dismissal, discharge, cashiering, release, removal, resignation or termination of service may, at his option, file an application with the Registrar of the Bench within whose jurisdiction such person is ordinarily residing at the time of filing of the application. (1) Vide S.R.O. 26(E), dated 17th September, 2008, published in the Gazette of India, Extra., Pt. II, Sec. IV, dated 17th September, 2008.”
A plain reading of Rule 6 (supra) shows that the application
may be filed with the Registrar of the Bench within whose
jurisdiction the person resides or where cause of action arose.
Since some of the applicants are residing in the jurisdiction of the
state of UP, though may be temporarily, the action falls within the
jurisdiction of this Tribunal and hence the petition is
maintainable.
So far as other limb of argument is concerned, it relates to
attestation of affidavit. In para 1 of the affidavit filed in support of
the O.A. it has been stated that the deponent is the Pairokar of
the case. In Hindi the word Pairokar means a person pursuing
the case on behalf of all the persons, who have been arrayed in
that petition. In case in the affidavit filed in support of the delay
condonation application the word Pairokar has not been used, it
is not fatal for the reason that main petition itself has been sworn
by the person concerned as Pairokar.
The learned counsel for the respondents also raised
objection against filing of a joint petition in the matter. In the
present case the applicants have not claimed any individual relief
but they are challenging the policy with regard to OROP, hence a
combined petition is very well maintainable on their behalf in the
Tribunal in letter and spirit of Rule 6 of Armed Forces Tribunal
(Procedure) Rules (supra).
The controversy relates to payment of OROP, which
involves a recurring cause of action and requires hearing.
Accordingly, the delay in filing the O.A. is condoned in view of
settled proposition of law. It is also worthwhile to mention that
Vakalatnama has been signed by all the applicants in favour of
the Ld. Counsel representing them in the instant petition.
Accordingly, we admit the petition and permit the
respondents to file counter affidavit within four weeks. The
applicants may file rejoinder affidavit within next one week.
List the case on 03.01.2018 for hearing.
Respondents shall also produce the relevant records,
including orders and circulars on the date fixed.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 2097 of 2017 with M.A. No. 2098 of 2017 In re: O.A. 173 of 2017 In re M.A. No. 39 of 2017
Union of India & Others Applicant-Respondents By Legal Practitioner for the Applicant-Respondents
Versus
Ram Sudhar Yadav Respondent-Applicant By Legal Practitioner for Respondent-Applicant
Notes of the Registry
Orders of the Tribunal
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Dr. Shesh Narain Pandey, Ld. Counsel for the
applicants-respondent, assisted by Maj Salen Xaxa, OIC Legal Cell.
M.A. No. 2097 of 2017
This is an application for condonation of delay under Section 5
of the Limitation Act in filing application for leave to appeal. The
Application has been preferred after lapse of statutory period. It is well
settled law that the Tribunal lacks jurisdiction to condone the delay in
the matter.
Accordingly, the application for condonation of delay in filing
application for leave to appeal is not maintainable and is rejected.
M.A. No. 2098 of 2017 This is an application for grant of leave to appeal filed under
Section 31 of Armed Forces Tribunal Act.
Since the application for condonation of delay has already been
rejected, in consequence thereof, the application for leave to appeal
is also rejected.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 2101 of 2017 with M.A. No. 2102 of 2017
In re: O.A. 192 of 2016
Subodh 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri V.A. Singh, Ld. Counsel for the applicant and
Maj Salen Xaxa, OIC Legal Cell for the respondents.
M.A. No. 2101 of 2017
This is an application for condonation of delay under Section 5
of the Limitation Act in filing application for leave to appeal. The
Application has been preferred after lapse of statutory period. It is well
settled law that the Tribunal lacks jurisdiction to condone the delay in
the matter.
Accordingly, the application for condonation of delay in filing
application for leave to appeal is not maintainable and is rejected.
M.A. No. 2102 of 2017 This is an application for grant of leave to appeal filed under
Section 31 of Armed Forces Tribunal Act.
Since the application for condonation of delay has already been
rejected, in consequence thereof, the application for leave to appeal
is also rejected.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 2114 of 2017 with M.A. No. 2115 of 2017
In re: T.A. 364 of 2010
Hari Babu Nishad 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri O.P. Kushwaha, Ld. Counsel for the
petitioner and Shri Ashish Kumar Singh, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
M.A. No. 2114 of 2017
This is an application for condonation of delay under Section 5
of the Limitation Act in filing application for leave to appeal. The
Application has been preferred after lapse of statutory period. It is well
settled law that the Tribunal lacks jurisdiction to condone the delay in
the matter.
Accordingly, the application for condonation of delay in filing
application for leave to appeal is not maintainable and is rejected.
M.A. No. 2115 of 2017 This is an application for grant of leave to appeal filed under
Section 31of Armed Forces Tribunal Act.
Since the application for condonation of delay has already been
rejected, in consequence thereof, the application for leave to appeal
is also rejected.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
EX-A No. 203 of 2016 In re: T.A. 39 of 2013
Selina John 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Maj (Retd) R.D. Singh, Ld. Counsel for the
petitioner and Shri D.K. Pandey, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
The matter is still pending in the Apex Court.
List the case on 05.03.2018 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 2435 of 2016
Ayodhya Prasad 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: None for the applicant and Shri V.P.S. Vats, Ld.
Counsel for the respondents, assisted by Maj Salen Xaxa, OIC
Legal Cell.
Shri SG Singh, Ld. Counsel for the applicant is reported to
be out of station and the adjournment has been sought for to
which Ld. Counsel for the respondents has no objection.
List the case on 04.01.2018 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 370 of 2017 with M.A. No. 1031 of 2017 In re: O.A. Nil of 2017
Pankaj Kumar 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Shiv Shanker Singh, Ld. Counsel for the
applicant and Shri Virendra Singh, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed, list the case on 04.12.2017 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A No. 603 of 2017 In re: O.A. No. Nil of 2017
Prem Chand Ram 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri V.P. Pandey, Ld. Counsel for the Applicant
and Shri Bhanu Pratap Singh, Ld. Counsel for the Respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed by Ld. Counsel for the applicant, list the case
on 14.12.2017 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 854 of 2017 In re: O.A. Nil of 2017
Girish Chandra 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Sudhir Kumar Singh, Ld. Counsel for the
applicant and Shri Virendra Singh, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed by Ld. Counsel for the respondents, one week’s
time is granted to file objection on delay condonation application
to which Ld. Counsel for the applicant may file replication within
next one week.
List the case on 20.12.2017 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A No. 864 of 2017 with M.A. No. 1776 of 2017 In re: O.A. No. Nil of 2017
Bhopal 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Sudhir Kumar Singh, Ld. Counsel for the
Applicant and Dr. Shailendra Sharma Atal, Ld. Counsel for the
Respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Ld. Counsel for the applicant does not want to press the
petition. The application is accordingly dismissed as
withdrawn with liberty to the applicant to file a fresh petition.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A No. 907 of 2017 In re: O.A. No. Nil of 2017
Uma Datt 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri K.K. Mishra, Ld. Counsel for the Applicant
and Shri Siddharth Dhaon, Ld. Counsel for the Respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Controversy relates to payment of disability pension which
involves recurring cause of action.
The delay is accordingly condoned.
Admit.
Ld. Counsel for the respondents is granted three weeks’
time to file counter affidavit to which Ld. Counsel for the
applicant may file rejoinder affidavit within one week.
List the case on 04.01.2018 for orders.
On the date fixed, Ld. Counsel for the respondents shall
produce the records.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A No. 1083 of 2017 with M.A. No. 1881 of 2017 In re: O.A. No. Nil 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri V.K. Pandey, Ld. Counsel for the Applicant
and Shri Sunil Sharma, Ld. Counsel for the Respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Question with regard to payment of OROP involves
recurring cause of action being related to payment of enhanced
pension. Accordingly, the delay is condoned.
Admit.
Ld. Counsel for the respondents is granted three weeks’
time to file counter affidavit to which Ld. Counsel for the
applicant may file rejoinder affidavit within next one week.
List the case on 03.01.2018 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A No. 1137 of 2017 In re: O.A. No. Nil of 2017
Vikesh Kumar Balmiki 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri A.K. Srivastava, Ld. Counsel for the
applicant and Maj Salen Xaxa, OIC Legal Cell for the
respondents.
Objection and counter affidavit filed by the respondents
are taken on record. The applicant may file reply and rejoinder
affidavit within one week.
Shri Anurag Mishra, Ld. Counsel for the respondents is
not present.
As prayed, list the case on 07.12.2017 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A No. 1164 of 2017 with M.A. No. 1761 of 2017 In re: O.A. No. Nil of 2017
Narendra 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Ms Kavita Singh, Ld. Counsel for the applicant
and Shri Shyam Singh, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Reply filed by the applicant is taken on record.
Controversy relates to rounding off of pensionary benefits,
which involves recurring cause of action.
Accordingly, the delay is condoned.
Admit.
Ld. Counsel for the respondents is granted two weeks’
time to file counter affidavit to which Ld. Counsel for the
applicant may file rejoinder affidavit within one week.
List the case on 08.01.2018 for orders.
On the date fixed, respondents shall also produce records.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A No. 1211 of 2017 In re: O.A. No. Nil of 2017
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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Ashok Kumar Yadav, Ld. Counsel for the
applicants and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed by Ld. Counsel for the respondents, one week’s
further time is granted to file objection on application for
condonation of delay to which Ld. Counsel for the applicant may
file replication within one week thereafter.
List the case on 20.12.2017 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A No. 1439 of 2017 In re: O.A. No. Nil of 2017
Shailendra Singh (Deceased) Through Savita Singh 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Satendra Kumar Singh, Ld. Counsel for the
applicant and Shri Ashish Saxena, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
List the case on 30.11.2017 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 1461 of 2017 In re: O.A No. Nil of 2017
Bhawani Datt 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri K.K.S. Bisht, Ld. Counsel for the applicant
and Shri R.K.S. Chauhan, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed by Ld. Counsel for the respondents, list the case
on 04.12.2017 to enable him to file objection on application for
condonation of delay.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 1466 of 2017 In re: O.A. No. Nil of 2017
Girja Shanker 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Shailendra Kumar Singh, Ld. Counsel for the
applicant and Shri Rajiv Pandey, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Objection filed by the respondents is taken on record.
Controversy relates to grant of disability pension which
involves recurring cause of action. Accordingly, delay is
condoned.
Admit.
Ld. Counsel for the respondents is granted two weeks’
time to file counter affidavit to which Ld. Counsel for the
applicant may file rejoinder affidavit within one week.
List the case on 20.12.2017 for hearing.
On the date fixed, Ld. Counsel for the respondents shall
produce the records.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 1525 of 2017 In re: O.A No. Nil of 2017
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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri V.A. Singh, Ld. Counsel for the applicant and
Mrs Anju Singh, Ld. Counsel for the respondents, assisted by
Maj Salen Xaxa, OIC Legal Cell.
As prayed by Mrs Anju Singh, Ld. Counsel for the
respondents, one week’s further time is allowed to file objection
to which Ld. Counsel for the applicant may file replication within
one week thereafter.
List the case on 14.12.2017 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 1552 of 2017 In re: O.A. No. 200 of 2016
Ram Murty TiwariThrough His wife Smt Indira 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Rajendra Yadav, Ld. Counsel for the
applicant and Shri Siddharth Dhaon, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
List the case on 07.12.2017 to enable Ld. Counsel for the
respondents to file counter affidavit.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 1648 of 2017 In re: O.A. No. Nil of 2017
Krishna 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri V.P. Pandey, Ld. Counsel for the applicant
and Shri S.N. Pandey, Ld. Counsel for the respondents, assisted
by Maj Salen Xaxa, OIC Legal Cell.
Objection filed by the respondents is taken on record.
Ld. Counsel for the applicant may file replication within two
weeks.
List the case on 20.12.2017 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No.143 of 2015 with M.A. No. 1019 of 2016
Shaikh Ibrahim 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Rohit Kumar, Ld. Counsel for the applicant
and Maj Salen Xaxa, OIC Legal Cell for the respondents.
Shri Amit Jaiswal, Ld. Counsel for the respondents is not
present.
List the case on 30.11.2017 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 304 of 2017
Murari Lal 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Rohit Kumar, Ld. Counsel for the applicant
and Shri Virendra Singh, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Copy of the order passed on second appeal by the
competent authority dated 28.04.2017 has been provided to Ld.
Counsel for the applicant.
Petition loses its efficacy and is accordingly dismissed
with liberty to the applicant to file a fresh petition, in case he feels
aggrieved and if so advised to do so.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 389 of 2017
Kulwant 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Col (Retd) A.K. Srivastava, Ld. Counsel for the
applicant and Shri Asheesh Agnihotri, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed by Ld. Counsel for the respondents, three
weeks’ time is granted to file counter affidavit to which Ld.
Counsel for the applicant may file rejoinder affidavit within two
weeks thereafter.
List the case on 19.01.2018 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 391 of 2017
Sunil Jain 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri K.K. Mishra, Ld. Counsel for the applicant
and Shri Namit Sharma, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed, two weeks’ further time is granted to file counter
affidavit. Rejoinder affidavit, if any, may be filed within two weeks
next thereafter.
List this case for orders on 15.01.2018.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 427 of 2017
Prem Kumar 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Sharad Kumar Shukla, Ld. Counsel for the
applicant and Shri Rajiv Pandey, Ld. Counsel for the
respondents, assisted by Wg Cdr Sardul Singh, OIC Legal Cell.
Counter affidavit filed today is taken on record.
Rejoinder affidavit, if any, may be filed within four weeks.
List this case on 25.01.2018 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 441 of 2017
Smt Rekha 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Col R.C. Dixit (Retd), Ld. Counsel for the
applicant and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed, four weeks’ further and no more time is granted
to file counter affidavit.
Rejoinder affidavit, if any, may be filed within two weeks
next thereafter.
List this case 29.01.2018 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
T.A. No. 11 of 2017
Ram Chand Tripathi 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Col Rakesh Johri (Retd), Ld. Counsel for the
petitioner and Dr. Gyan Singh, Ld. Counsel for the respondents,
assisted by Wg Cdr Sardul Singh, OIC Legal Cell.
Learned counsel for the respondents undertakes to file
counter affidavit during the course of the day.
A week’s time is allowed to file rejoinder affidavit.
List this case on 07.12.2017 for orders.
Let original record be produced for perusal of the Bench on
the date fixed.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 302 of 2011
Brijendra 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri V.A. Singh, Ld. Counsel for the applicant and
Shri Yogesh Kesarwani, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
We have heard learned counsel for the parties again and
perused the records.
Arguments concluded.
Judgment reserved.
The respondents may submit original records in sealed
cover to the office for onward transmission to this end.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 219 of 2016
Gp Capt Ajay 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri A.K. Singh, Ld. Counsel for the applicant and
Shri Yogesh Kesarwani, Ld. Counsel for the respondents,
assisted by Wg Cdr Sardul Singh, OIC Legal Cell.
As prayed by learned counsel for the respondents, list this
case on 07.12.2017 for rehearing on which date the learned
counsel shall furnish the required information and also the
documents pertaining to policy letter.
A copy of this order be supplied to learned counsel for the
respondents today itself.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 41 of 2015
Parmjit 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Shailendra Kumar Singh, Ld. Counsel for the
applicant and Shri G.S. Sikarwar, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed, list this case for further hearing on 06.12.2017.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 296 of 2015
Prakash Rai 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Maj R.D. Singh (Retd), Ld. Counsel for the
applicant and Shri Asheesh Agnihotri, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Supplementary affidavit filed by learned counsel for the
respondents on 23.10.2017 was taken on record. A copy of the
aforesaid affidavit has been provided to the learned counsel for
the Applicant.
Reply to aforesaid supplementary affidavit be filed within
three weeks.
List this case on 29.01.2018 for further hearing.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 219 of 2011 with M.A. No. 760 of 2017
Gupteshwar 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri R. Chandra, Ld. Counsel for the applicant
and Wg Cdr Sardul Singh, OIC Legal Cell for the respondents.
OIC Legal Cell prays for adjournment of the case today as
counsel for the respondents is reportedly out of station.
List this case for hearing on 30.11.2017.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 145 of 2013 with M.A. No. 1897 of 2017 & M.A. No. 1814 of 2016
Satendra Singh Pal 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri P.K. Shukla, Ld. Counsel for the applicant
and Shri Namit Sharma, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
List this case on 06.12.2017 for hearing as prayed by
learned counsel for the parties.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 85 of 2016 with M.A. No. 1525 of 2016
Mahendra 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri R. Chandra, Ld. Counsel for the applicant
and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
According to office report no counter affidavit has been
filed in terms of earlier order of the Court. The lone Counter
affidavit filed on behalf of respondent no 4 is on record.
Let counter affidavit on behalf of remaining respondents be
filed within two weeks positively.
Rejoinder affidavit, if any, may be filed within two weeks
next thereafter.
List this case on 04.01.2018 for hearing.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 167 of 2016 with M.A. No. 2177 of 2016
Ramesh Kumar 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri R. Chandra, Ld. Counsel for the applicant
and Shri Sunil Sharma, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
By earlier order, two weeks’ further time was allowed to file
rejoinder affidavit and yet no rejoinder affidavit has been filed.
As prayed, two weeks’ further and no more time is allowed
to file rejoinder affidavit.
List this case on 20.12.2017 for hearing.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 105 of 2017
Smt Poonam 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Angrej Nath Shukla, Ld. Counsel for the
applicant and Maj Salen Xaxa, OIC Legal Cell for the
respondents.
Learned counsel for the respondents is not present.
In view of the above, the case is adjourned and is directed
to be listed on 01.12.2017 for hearing.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 222 of 2017
Akash Vishwakarma 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri V.P. Pandey, Ld. Counsel for the applicant
and Shri Rajiv Pandey, Ld. Counsel for the respondents,
assisted by Wg Cdr Sardul Singh, OIC Legal Cell.
Despite further time having been granted, no counter
affidavit has been filed.
Let counter affidavit be filed within three weeks positively.
Rejoinder affidavit, if any, may be filed within one week
next thereafter.
List this case on 12.01.2018 for hearing.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 267 of 2017
Dinesh Chandra 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri V.A. Singh, Ld. Counsel for the applicant and
Dr. Chet Narain Singh, Ld. Counsel for the respondents, assisted
by Maj Salen Xaxa, OIC Legal Cell.
Despite further time having been granted, no counter
affidavit has been filed as yet. As prayed, two weeks’ further time
is allowed to file counter affidavit. Rejoinder affidavit, if any, may
be filed within one week next thereafter.
List this case on 10.01.2018 for hearing.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 401 of 2017
Ranjay 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Col A.K. Srivastava (Retd), Ld. Counsel for the
applicant and Shri Sunil Sharma, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Despite further time having been granted, no counter
affidavit has yet been filed.
Let counter affidavit be filed within two weeks positively.
Rejoinder affidavit, if any, may be filed within one week
next thereafter.
List this case on 14.12.2017 for hearing.
Let record be also produced for perusal of the Bench on
the next date fixed.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 404 of 2017
Ram Bhawan 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Pankaj Kumar Shukla, Ld Counsel for the
applicant and Shri Kaushik Chatterjee, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Despite further time having been granted, no counter
affidavit has yet been filed.
Let counter affidavit be filed within two weeks positively.
Rejoinder affidavit, if any, may be filed within two weeks
next thereafter.
List this case on 20.12.2017 for hearing.
Let record be also produced for perusal of the Bench on
the next date fixed.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 411 of 2017
Tribhuvan Shanker 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
29.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri P.N. Chaturvedi, Ld. Counsel for the
applicant and Shri Yogesh Kesarwani, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Counter affidavit filed is taken on record.
Rejoinder affidavit may be filed within one week.
List this case on 07.12.2017 for hearing.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
EX-A No. 78 of 2017 In re: T.A. No. 33 of 2012
Surendra Singh 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri V.P. Pandey, Ld. Counsel for the petitioner
and Shri Shyam Singh, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
The case was taken up in the revised list.
Shri V.P.Pandey, learned counsel for the petitioner seeks
adjournment of the case for two weeks.
As prayed, list this case for orders on 14.12.2017.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 121 of 2017
Bishwanath 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Vinay Pandey, Ld. Counsel for the applicant
and Shri Rajiv Pandey, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed, list this case for orders on 30.11.2017.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 390 of 2017
Awadh Bihari Murotiya 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri A.K. Srivastava, Ld. Counsel for the
applicant and Dr. Shesh Narain Pandey, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Counter affidavit filed by the respondents is taken on
record. The applicant may file rejoinder affidavit within two
weeks.
List this case for orders on 24.01.2018.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 405 of 2017
Lt Col Laxmi Narayan Trivedi (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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri V.A. Singh, Ld. Counsel for the applicant
and Shri Avadhesh Narain Tripathi, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed, two weeks’ further time is allowed to the
respondents to file counter affidavit. Rejoinder affidavit, if any,
may be filed by the applicant within two weeks thereafter.
List this case for orders on 23.01.2018.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 501 of 2017
VR Srivastava 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Col V.R. Sharma (Retd), Ld. Counsel for the
applicant and Shri A.K. Sahu, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed, a week’s further time is allowed to the
respondents to file counter affidavit. Rejoinder affidavit, if any,
may be filed by the applicant within one week thereafter.
List this case for orders on 18.12.2017.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
T.A. No. 55 of 2009
Smt Poonam Rana & Others Petitioners By Legal Practitioner for the Petitioners
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Manoj Kumar Singh, Ld. Counsel for the
petitioners and Ms Amrita Chakraborty, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed, list this case for orders on 04.12.2017.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
T.A. No. 05 of 2017
Anand Prakash Tiwari 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Md Zafar Khan, Ld. Counsel for the
respondents, assisted by WO Deshraj Singh, OIC Legal Cell.
List this case for orders on 30.11.2017 to enable the
Registry to submit report in terms of the order dated 23.11.2017.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 1309 of 2017 In re: T.A. No. 1402 of 2010
Anurag 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri K.K. Mishra, Ld. Counsel for the petitioner
and Shri Namit Sharma, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed, list this case for further hearing on 30.11.2017
as first case.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
EX-A No. 182 of 2017 Along with O.A. No. 250 of 2017
Dr Parul Jain 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Vikas Shukla, Adocate, holding brief of S.S.
Rajawat, Ld. Counsel for the applicant and Shri Sunil Sharma,
Ld. Counsel for the respondents, assisted by Maj Salen Xaxa,
OIC Legal Cell.
The respondents have annulled the lookout order, a copy
of which has been given to Sri Vikas Shukla, Advocate, holding
brief of Shri S.S.Rajawat, learned counsel for the applicant.
Accordingly, Execution Application No. 182 of 2017 loses its
efficacy and is hereby dismissed as infructuous.
O.A. No.250 of 2017 is admitted for hearing.
Two weeks’ time, as prayed, is allowed to the respondents
to file counter affidavit. Rejoinder affidavit, if any, may be filed
within two weeks thereafter.
List this case for hearing on 11.01.2018. The respondents
shall produce the record on the said date.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 1897 of 2016 with M.A. No. 1640 of 2017 In re: O.A. No. 67 of 2015
Md Shoharab 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri P.N. Chaturvedi, Ld. Counsel for the
applicant and Ms Deepti P. Bajpai, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Two days’ time, as prayed, is granted to the applicant to
file replication.
List this case for hearing on 08.12.2017. The respondents
need not produce the record unless specifically called for.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 302 of 2012 with M.A. No. 1104 of 2016
Akhilesh 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri A.K. Pandey, Ld. Counsel for the applicant
and Shri D.K. Pandey, Ld. Counsel for the respondents, assisted
by Maj Salen Xaxa, OIC Legal Cell.
As prayed, list this case for hearing on 11.12.2017.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 317 of 2015
Ataullah 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Yash Pal Singh, Ld. Counsel for the
applicant and Shri Amit Sharma, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed, list this case for hearing on 30.11.2017.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 318 of 2015 with M.A. No. 1441 of 2017
Shiv Narain 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri S.K. Gupta, Ld. Counsel for the applicant
and Shri A.N. Tripathi, Ld. Counsel for the respondents, assisted
by Maj Salen Xaxa, OIC Legal Cell.
M.A. No. 1441 of 2017
This is an application moved by Smt. Urvashi Devi for
substitution of her name in place of her late husband, applicant
Shiv Narain Mishra
After hearing learned counsel for the parties, we allow the
application. Let the amendment be carried out in the array of
parties within a week.
List this case for hearing on 05.12.2017.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 95 of 2016
Anil 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Col Rakesh Johri (Retd), Ld. Counsel for the
applicant and Shri Sunil Sharma, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Heard learned counsel for the parties and perused the
record.
Arguments concluded.
Judgment reserved.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 109 of 2016 with M.A. No. 2642 of 2017
& M.A. No. 2780 of 2016
Amarnath Singh Kharwar 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Diwarkar Singh, Ld. Counsel for the
applicant and Shri Siddharth Dhaon, Ld. Counsel for the
respondents, Ms Tanu Bansal, Ld. Counsel for Punjab National
Bank respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Counter affidavit filed by respondent Punjab National Bank
is taken on record.
Ld. Counsel for the applicant may file rejoinder affidavit to
the counter affidavit filed by respondent Punjab National Bank
within two weeks.
List the case on 14.12.2017 for hearing.
On the date fixed, the respondents shall produce the
original records.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 255 of 2016
Brij Kishore Dwivedi 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri R. Chandra, Ld. Counsel for the applicant
and Shri V.P.S. Vats, Ld. Counsel for the respondents, assisted
by Maj Salen Xaxa, OIC Legal Cell.
Rejoinder affidavit filed by Ld. Counsel for the applicant is
taken on record.
List the case on 08.12.2017 for hearing.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 290 of 2016
Harendra Vikram 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Yash Pal Singh, Ld Counsel for the applicant
and Shri V.P.S. Vats, Ld. Counsel for the respondents, assisted
by Maj Salen Xaxa, OIC Legal Cell.
Ld. Counsel for the applicant prays for and is granted a
week’s time to file rejoinder affidavit.
List the case on 05.12.2017 for hearing.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 101 of 2017 with M.A. No. 2055 of 2017
Amit 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri V.P. Pandey, Ld. Counsel for the applicant
and Shri Amit Jaiswal, Ld. Counsel for the respondents, assisted
by Maj Salen Xaxa, OIC Legal Cell.
Rejoinder affidavit filed by Ld. Counsel for the applicant is
taken on record.
List the case on 23.01.2018 for hearing.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 143 of 2017
Davinder 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Ashok Singh, Ld. Counsel for the applicant
and Shri R.C. Shukla, Ld. Counsel for the respondents, assisted
by Maj Salen Xaxa, OIC Legal Cell.
As prayed by Ld. Counsel for the applicant, two weeks’
time is allowed to file rejoinder affidavit.
List the case on 24.01.2018 for hearing.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
T.A. No. 38 of 2011 with M.A. No. 1770 of 2017
Ashwani 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri P.N. Chaturvedi, Ld. Counsel for the
petitioner and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Ld. Counsel for the applicant has filed a copy of the
medical certificate along with rejoinder affidavit. Ld. Counsel for
the respondents articulated his disagreement on medical opinion
expressed by Command Hospital, Lucknow on the point of its
genuineness.
Ld. Counsel for the respondents is granted two weeks’
time to file supplementary counter affidavit keeping in view the
pleadings made in the rejoinder affidavit.
List the case on 20.12.2017 for hearing.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
T.A. No. 22 of 2016
Lal Chand Ram 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri R. Chandra, Ld. Counsel for the petitioner
and Shri Amit Jaiswal, Ld. Counsel for the respondents, assisted
by Maj Salen Xaxa, OIC Legal Cell.
With the consent of Ld. Counsel for the parties, list the
case on 04.01.2018 for hearing.
Let entire records be produced on the next date.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
T.A. No. 57 of 2016
Santosh Kumar Tripathi 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Shri Virat Anand Singh, Ld. Counsel for the petitioner is
reported to be out of station.
In the interest of justice, list the case on 20.12.2017 for
hearing.
On the date fixed, the respondents shall file original
records.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 2079 of 2017 In re: O.A. Nil of 2017
Lal Bahadur Patel 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Memo of appearance filed today in court by Ms Appoli
Srivastava, as counsel for the respondents is taken on record.
Let her name be shown as counsel for the respondents when the
case is next listed.
Present : Col A.K. Srivastava (Retd), Ld. Counsel for the
applicant and Ms Appoli Srivastava, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed by learned counsel for the respondents, two
weeks’ time is granted to file objection. Replication, if any, may
be filed within one week next thereafter.
List this case on 18.12.2017 for admission.
Learned counsel for the respondents shall also produce
the original records for perusal of the Bench on the date fixed.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 2080 of 2017 In re: O.A. Nil of 2017
Ramesh Chand 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Memo of appearance filed today in court by Shri
V.P.S.Vats, as counsel for the respondents is taken on record.
Let his name be shown as counsel for the respondents when the
case is next listed.
Present : Shri B.B. Tripathi, Ld. Counsel for the applicant
and Shri V.P.S.Vats, Ld. Counsel for the respondents, assisted
by Maj Salen Xaxa, OIC Legal Cell.
As prayed by learned counsel for the respondents, two
weeks’ time is granted to file objection. Replication, if any, may
be filed within one week next thereafter.
List this case on 18.12.2017 for admission.
Learned counsel for the respondents shall also produce
the original records for perusal of the Bench on the date fixed.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 2082 of 2017 In re: O.A. Nil of 2017
Krishna Kumar S 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Memo of appearance filed today in court by Shri Anurag
Mishra, as counsel for the respondents is taken on record. Let
his name be shown as counsel for the respondents when the
case is next listed.
Present : Shri S.K. Singh, Ld. Counsel for the applicant
and Shri Anurag Mishra, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed by learned counsel for the respondents, two
weeks’ time is granted to file objection. Replication, if any, may
be filed within one week next thereafter.
List this case on 18.12.2017 for admission.
Learned counsel for the respondents shall also produce
the original records for perusal of the Bench on the date fixed.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 2093 of 2017 In re: O.A. Nil of 2017
Jageshwar Prasad & Others Applicants By Legal Practitioner for the Applicants
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Memo of appearance filed today in court by Ms Deepti
P.Bajpai, as counsel for the respondents is taken on record. Let
her name be shown as counsel for the respondents when the
case is next listed.
Present : Shri Pankaj Kumar Shukla, Ld. Counsel for the
applicants and Ms Deepti P. Bajpai, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed by learned counsel for the respondents, two
weeks’ time is granted to file objection. Replication, if any, may
be filed within one week next thereafter.
List this case on 13.12.2017 for admission.
Learned counsel for the respondents shall also produce
the original records for perusal of the Bench on the date fixed.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 577 of 2017
Ram Avtar Through Wife Smt Poonam 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Memo of appearance filed today in court by Mrs Anju
Singh, as counsel for the respondents is taken on record. Let her
name be shown as counsel for the respondents when the case is
next listed.
Present : Shri Sudhir Kumar Singh, Ld. Counsel for the
applicant and Mrs Anju Singh, Ld. Counsel for the respondents,
assisted by Wg Cdr Sardul Singh, OIC Legal Cell.
We have heard learned counsel for the Applicant as also
learned counsel for the respondents.
The Applicant is aggrieved by the issue of show cause
notice dated 14.11.2017. It is submitted by learned counsel for
the Applicant that reply to show cause notice has already been
submitted vide reply dated 18.11.2017. Thus it would appear that
the petition filed in this Tribunal is premature. In our view, it has
been rightly submitted by learned counsel for the respondents
that since reply to show cause notice has been submitted, the
authorities have to take a decision in the matter keeping in view
the reply submitted by the Applicant.
In view of the above, we decline to interfere with the show
cause notice. However, in the facts and circumstances of the
case, we direct the competent authority to decide the objection of
the Applicant as contained in his reply to show cause notice in
accordance with law by a speaking and reasoned order within a
period not exceeding one month from the date of submission of a
certified copy of this order.
The O.A is accordingly disposed of in terms of the above at
the very threshold.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 1433 of 2017 In re: O.A. Nil of 2017
Maj Rajendra Singh & 23 Others Applicants By Legal Practitioner for the Applicants
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri V.K. Pandey, Ld. Counsel for the applicants
and Ms Appoli Srivastava, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Objection has not been filed in terms of the order of the
Tribunal dated 31.10.2017. Learned counsel for the respondents
states that he would file the objection during the course of the
day. In case objection is filed during the course of the day, the
same shall be taken on record.
List this case on 29.11.2017 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 2087 of 2017 with M.A. No. 2088 of 2017
In re: O.A. 347 of 2017
Union of India & Others Applicants-Respondent By Legal Practitioner for the Applicants
Versus
Smt Ram Janki Respondent-Applicants By Legal Practitioner for Respondent-Applicants
Notes of the Registry
Orders of the Tribunal
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Ms Amrita Chakraborty, Ld. Counsel for the
applicants-respondent, assisted by Maj Salen Xaxa, OIC Legal
Cell.
M.A. No. 2087 of 2017
This is an application for condonation of delay under Section 5
of the Limitation Act in filing application for leave to appeal. The
application has been preferred after lapse of statutory period. It is well
settled law that the Tribunal lacks jurisdiction to condone the delay.
Accordingly, the application for condonation of delay in filing
application for leave to appeal is not maintainable and is rejected.
M.A. No. 2088 of 2017
This is an application for grant of leave to appeal filed under
Section 31 of Armed Forces Tribunal Act.
Since the application for condonation of delay has already been
rejected, in consequence thereof, the application for leave to appeal
is also rejected.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 2089 of 2017 with M.A. No. 2090 of 2017
In re: O.A. 242 of 2016
Union of India & Others Applicants-Respondent By Legal Practitioner for the Applicants
Versus
Bireshwar Kumar Respondent-Applicants By Legal Practitioner for Respondent-Applicants
Notes of the Registry
Orders of the Tribunal
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Shyam Singh, Ld. Counsel for the
applicants-respondent, assisted by Maj Salen Xaxa, OIC Legal
Cell.
M.A. No. 2089 of 2017
This is an application for condonation of delay under Section 5
of the Limitation Act in filing application for leave to appeal. The
application has been preferred after lapse of statutory period. It is well
settled law that the Tribunal lacks jurisdiction to condone the delay.
Accordingly, the application for condonation of delay in filing
application for leave to appeal is not maintainable and is rejected.
M.A. No. 2090 of 2017
This is an application for grant of leave to appeal filed under
Section 31 of Armed Forces Tribunal Act.
Since the application for condonation of delay has already been
rejected, in consequence thereof, the application for leave to appeal
is also rejected.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
D.Y. No. 1692 of 2017 In re: O.A. No. Nil of 2017
Urba Datt 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri H.S. Sharma, Ld. Counsel for the applicant
and Shri Ashish Kumar Singh, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Learned counsel for the Applicant prays for and is granted
two weeks and no more further time to remove the defects.
List this case on 15.12.2017 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
EX-A No. 116 of 2017 In re: O.A. No. 21 of 2013
Pramod 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Vinay Pandey, Ld. Counsel for the applicant
and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
By order dated 26.10.2017, four weeks’ time was granted
to learned counsel for the respondents for issue of PPO.
Learned counsel for the respondents now states that the
papers required from the Applicant have not yet been submitted
and therefore, order dated 26.10.2017 could not be complied
with. On the other hand, learned counsel for the Applicant
submits that the entire papers required have already been
deposited in the record office.
In case papers have been deposited, the receipt may be
brought on record by the next date fixed.
List this case on 04.12.2017 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
EX-A No. 136 of 2017 In re: O.A. No. 264 of 2014
Col Mahesh 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Y.R. Sharma, Ld. Counsel for the applicant
and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Learned counsel for the respondents has stated across
the bar that the order of the Tribunal in the aforesaid case has
been stayed by Hon’ble Apex Court. The order of the Apex
Court has already been brought on record.
In view of the case, the case is adjourned and is directed
to be listed on 27.02.2018 awaiting the fate of the case pending
in the Apex Court.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 2024 of 2016 with M.A. No. 2025 of 2016
In re: O.A. Nil of 2016
Jagvir 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Vinay Pandey, Ld. Counsel for the applicant
and Dr. Shesh Narain Pandey, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
This is an Application for condonation of delay in filing the
O.A. The Factual matrix of the case is that the Applicant was
was enrolled in the Indian Army on 27.10.1994 and was granted
annual leave ending on 27.03.1999. According to learned
counsel for the Applicant, his annual leave was extended upto
20.05.1999. However, this fact has been repudiated by learned
counsel for the respondents. It would appear from the record that
on account of his overstaying the leave, the Applicant was
declared deserter and ultimately, he was dismissed from the
service on 08.10.2002. The necessary consequence of the
above is that the Applicant is now no more in Army service.
Learned counsel for the Applicant states that the Applicant
is presently incarcerated in jail and his bail Application has been
rejected merely observing that the Applicant is a deserter from
Army. In this connection, he has invited attention to the order
passed by the judicial Magistrate dated 20.06.2016. The order, it
is informed, has been passed being influenced by the fact that
the Applicant was a deserter from Indian Army. Once the
Applicant has been dismissed from Army service on account of
overstaying the leave, the relationship of master and servant
between the Indian Army and the Applicant comes to nought and
now he is neither a deserter nor a member of Indian Army after
dismissal and he is now free and has a right to live independent
life without any restriction. Accordingly the order passed by the
Magistrate that too in the teeth of factual matrix on record that
the Applicant overstayed the leave on account of which he was
declared deserter and lateron dismissed from service, indicates
that correct materials were not placed before the Court
concerned.
Coming to the issue of delay, the averments made in para
7 of the affidavit indicate that the Applicant has tried to explain
the delay from the date of dismissal upto the year 2008. The
present O.A was filed before this Tribunal in the year 2016. No
plausible explanation is forthcoming for the delay between 2008
upto the year 2016.
In view of the above, the learned counsel for the Applicant
prays for and is granted three weeks’ time to explain the delay by
filing better affidavit.
List this case on 02.01.2018 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 2479 of 2016 In re: O.A. Nil of 2016
Maharaj Ahmed 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri K.K. Mishra, Ld. Counsel for the applicant
and Shri Rajiv Pandey, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Reply to objection filed by learned counsel for the
Applicant is taken on record.
On the point of delay in filing the O.A, since controversy
involved in this case revolves round the grant of disability
pension, which being a recurring cause of action, in our view,
case is made out for condonation of delay.
Hence Application for condonation of delay is allowed and
delay in filing the O.A is condoned.
We have heard learned counsel for the Applicant as also
learned counsel for the respondents on the issue of admission of
the O.A.
In our view, it is a fit case for admission.
Admit.
Learned counsel for the respondents prays for and is
granted two weeks’ time to file counter affidavit. Rejoinder
affidavit, if any, may be filed within one week next thereafter.
List this case on 12.01.2018 for hearing in case counter
and rejoinder affidavits are exchanged by the date fixed.
On the date fixed, learned counsel for the respondents
shall also produce the original records for perusal of the Bench.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A No. 2758 of 2016 with M.A. No. 2034 of 2017 In re: O.A. No. Nil of 2016
Mohd Yunus 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri V.K. Pandey, Ld. Counsel for the Applicant
and Ms Appoli Srivastava, Ld. Counsel for the Respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Objection was taken on record vide order dated
23.05.2017 while reply to objection was taken on record vide
order dated 23.11.2017.
List this case on 02.01.2018 for admission.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 257 of 2017 with M.A. No. 1055 of 2017 & M.A. No. 1236 of 2017 In re: O.A. Nil of 2017
Bir Pal 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri P.K. Shukla, Ld. Counsel for the applicant
and Shri Sunil Sharma, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
This is an Application for condonation of delay in filing the
O.A in this Tribunal whereby the order of discharge dated
13.11.1989 has been impugned.
We have heard learned counsel for the Applicant as also
learned counsel for the respondents and perused the material
facts on record.
Admittedly, the Applicant was enrolled in the Indian Army
on 13.01.1980 and thereafter he was discharged from the
service on 13.11.1989 under Rule 13 (3) (iii) (v) of the Army
Rule, 1954 on account of having incurred 4 red ink entries.
The argument of the learned counsel for the Applicant
substantially is that the Applicant was not served any show
cause notice and was capriciously discharged without any valid
reason.
From the record it would appear that the Applicant filed a
writ petition in the High Court at Allahabad in the year 2016
which was disposed of with the directions to the competent
authority to decide the representation of the Applicant vide order
dated 05.07.2016. The representation of the Applicant was
replied to vide communication dated 13.10.2016 whereby the
Applicant was informed that he was not entitled to any service
pension. Thereafter, a statutory complaint was filed on
16.11.2016 for reinstatement in the service in the light of the
judgement rendered in O.A. No 168 of 2013, Abhilash Singh
Kuhwaha Vs Union of India and others. The aforesaid Statutory
Petition was rejected vide order dated 05.01.2017.
From a perusal of the materials on record, it would
transpire that right from the year 1989 upto the year, the
Applicant kept on sleeping over the matter. All of a sudden, he
woke up and approached the High Court in which an order was
passed to decide the representation. The Applicant has not
explained the delay even broadly of the period between 1989 to
2016. Though on merit, the argument advanced by learned
counsel for the Applicant which is to the effect that his services
could not have been terminated merely on the ground that he
had incurred four red ink entries, is loaded with some substance,
but so far as present application for condonation of delay is
concerned, the delay is huge and no plausible cogent and
convincing explanation has been offered for the delay between
1989 to 2016. There is not even a remote whisper why the
Applicant kept on sleeping over the matter right from 1989 to
2016. The statutory petition has rightly been rejected by the
competent authority as it was marred by huge and inordinate
delay. The High Court has not gone into the merit of the
controversy and merely disposed of the petition by directing to
decide the representation of the Applicant. In such situation, the
Applicant seems to have failed to explain the delay.
In M.A. No. 1952 of 2015 B.D. Prajapati vs. Union of
India & Ors, we have relied upon the judgment of Balwant
Singh (supra) while deciding the controversy with regard to
condonation of delay. The relevant portion of the aforesaid
judgment is reproduced as under:-
“It must be kept in mind that whenever a law is enacted by the legislature, it is intended to be enforced in its proper perspective. It is an equally settled principle of law that the
provisions of a statute, including every word, have to be given full effect, keeping the legislative intent in mind, in order to ensure that the projected object is achieved. In other words, no provisions can be treated to have been enacted purposelessly. Furthermore, it is also a well settled canon of interpretative jurisprudence that the Court should not give such an interpretation to provisions which would render the provision ineffective or odious. Once the legislature has enacted the provisions of Order 22, with particular reference to Rule 9, and the provisions of the Limitation Act are applied to the entertainment of such an application, all these provisions have to be given their true and correct meaning and must be applied wherever called for. If we accept the contention of the Learned Counsel appearing for the applicant that the Court should take a very liberal approach and interpret these provisions (Order 22 Rule 9 of the CPC and Section 5 of the Limitation Act) in such a manner and so liberally, irrespective of the period of delay, it would amount to practically rendering all these provisions redundant and inoperative. Such approach or interpretation would hardly be permissible in law. Liberal construction of the expression `sufficient cause' is intended to advance substantial justice which itself presupposes no negligence or inaction on the part of the applicant, to whom want of bona fide is imputable. There can be instances where the Court should condone the delay; equally there would be cases where the Court must exercise its discretion against the applicant for want of any of these ingredients or where it does not reflect `sufficient cause' as understood in law. [Advanced Law Lexicon, P. Ramanatha Aiyar, 2nd Edition, 1997] The expression `sufficient cause' implies the presence of legal and adequate reasons. The word `sufficient' means adequate enough, as much as may be necessary to answer the purpose intended. It embraces no more than that which provides a plentitude which, when done, suffices to accomplish the purpose intended in the light of existing circumstances and when viewed from the reasonable standard of practical and cautious men. The sufficient cause should be such as it would persuade the Court, in exercise of its judicial discretion, to treat the delay as an excusable one. These provisions give the Courts enough power and discretion to apply a law in a meaningful manner, while assuring that the purpose of enacting such a law does not stand frustrated. We find it unnecessary to discuss the instances which would fall under either of these classes of cases. The party should show that besides acting bona fide, it had taken all possible steps within its power and control and had approached the Court without any unnecessary delay. The test is whether or not a cause is sufficient to see whether it could have been avoided by the party by the exercise of due care and attention. [Advanced Law Lexicon, P. Ramanatha Aiyar, 3rd Edition, 2005]
15. We feel that it would be useful to make a reference to the judgment of this Court in Perumon Bhagvathy Devaswom (supra). In this case, the Court, after discussing a number of judgments of this Court as well as that of the High Courts, enunciated the principles which need to be kept in mind while dealing with applications filed under the provisions of Order 22, CPC along with an application under Section 5, Limitation Act for condonation of delay in filing the application for bringing the legal representatives on record. In paragraph 13 of the judgment, the Court held as under:-
"13 (i) The words "sufficient cause for not making the application within the period of limitation" should be understood and applied in a reasonable, pragmatic, practical and liberal manner, depending upon the facts and circumstances of the case, and the type of case. The
words `sufficient cause' in Section 5 of the Limitation Act should receive a liberal construction so as to advance substantial justice, when the delay is not on account of any dilatory tactics, want of bona fides, deliberate inaction or negligence on the part of the appellant."
(ii) In considering the reasons for condonation of delay, the courts are more liberal with reference to applications for setting aside abatement, than other cases. While the court will have to keep in view that a valuable right accrues to the legal representatives of the deceased respondent when the appeal abates, it will not punish an appellant with foreclosure of the appeal, for unintended lapses. The courts tend to set aside abatement and decided the matter on merits. The courts tend to set aside abatement and decide the matter on merits, rather than terminate the appeal on the ground of abatement.
(iii) The decisive factor in condonation of delay, is not the length of delay, but sufficiency of a satisfactory explanation.
(iv) The extent or degree of leniency to be shown by a court depends on the nature of application and facts and circumstances of the case. For example, courts view delays in making applications in a pending appeal more leniently than delays in the institution of an appeal. The courts view applications relating to lawyer's lapses more leniently than applications relating to litigant's lapses. The classic example is the difference in approach of courts to applications for condonation of delay in filing an appeal and applications for condonation of delay in re-filing the appeal after rectification of defects.
(v) Want of "diligence" or "inaction" can be attributed to an appellant only when something required to be done by him, is not done. When nothing is required to be done, courts do not expect the appellant to be diligent. Where an appeal is admitted by the High Court and is not expected to be listed for final hearing for a few years, an appellant is not expected to visit the court or his lawyer every few weeks to ascertain the position nor keep checking whether the contesting respondent is alive. He merely awaits the call or information from his counsel about the listing of the appeal.
We may also notice here that this judgment had been followed with approval by an equi-bench of this Court in the case of Katari Suryanarayana (supra).”
In view of the above, we are of the view that the Applicant
has miserably failed to explain the delay in filing the O.A.
Thus, the application for condonation of delay is
dismissed. In consequence thereto the O.A. is also rejected.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A No. 1044 of 2017 In re: O.A. No. Nil of 2017
Shishu 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri P.K. Shukla, Ld. Counsel for the Applicant
and Shri Ashish Saxena, Ld. Counsel for the Respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Objection filed today in court is taken on record.
Let reply to objection be filed within two weeks.
List this case on 22.12.2017 for admission.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A No. 1058 of 2017 In re: O.A. No. Nil of 2017
Pratap Narayan Chaubey 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri V.P. Pandey, Ld. Counsel for the Applicant
and Dr. Shailendra Sharma Atal, Ld. Counsel for the
Respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed, two weeks’ further time is allowed to file
objection to the Application for condonation of delay. Reply to
objection, if any, may be filed within one week next thereafter.
The respondents may also file counter affidavit by the date
fixed.
List this case on 04.01.2018 for admission/orders.
Learned counsel for the respondents may also produce
the original record for perusal of the Bench on the date fixed.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A No. 1272 of 2017 with M.A. No. 2027 of 2017 In re: O.A. No. Nil of 2017
Onkar Nath 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri V.P. Pandey, Ld. Counsel for the Applicant
and Shri Shyam Singh, Ld. Counsel for the Respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
M.A.No 1272 of 2017
We have heard learned counsel for the Applicant as also
learned counsel for the respondents.
Since the controversy involved in this O.A pertains to
grantof disability pension, it being a recurring cause of action, in
our view, case is made out for condonation of delay.
Application for condonation of delay is allowed and the
delay is condoned.
We have heard learned counsel for the parties on
admission of the O.A.
In our view, it is a fit case for admission.
Admit.
Let counter affidavit be filed within two weeks. Rejoinder
affidavit, if any, may be filed within one week next thereafter.
List this case on 12.01.2018 for hearing in case counter
and rejoinder affidavits are exchanged.
On the date fixed, learned counsel for the respondents
shall also produce the original record for perusal of the Bench.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A No. 1277 of 2017 In re: O.A. No. Nil of 2017
Vijay 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri K.K. Mishra, Ld. Counsel for the applicant
and Shri Ashish Saxena, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed, two weeks’ further time is granted to file
objection. Replication, if any, may be filed within one week next
thereafter.
List this case on 05.01.2018 for admission.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A No. 1372 of 2017 In re: O.A. No. Nil of 2017
Col Kul Bhusan Ulfa Kaul (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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri S.G. Singh, Ld. Counsel for the applicant
and Shri Anurag Mishra, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed, two weeks’ further time is granted to file
objection. Replication, if any, may be filed within one week next
thereafter.
List this case on 19.12.2017 for admission.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A No. 1434 of 2017 In re: O.A. No. Nil of 2017
Sqn Ldr DH Prasad (Retd) & Others Applicants By Legal Practitioner for the Applicants
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri V.K. Pandey, Ld. Counsel for the applicants
and Shri Namit Sharma, Ld. Counsel for the respondents,
assisted by Wg Cdr Sardul Singh, OIC Legal Cell.
Objection filed is taken on record.
M.A.No 1434 of 2017
We have heard learned counsel for the Applicant as also
learned counsel for the respondents.
Since the controversy involved in this O.A pertains to
grant of one rank one pension, it being a recurring cause of
action, in our view, case is made out for condonation of delay.
Application for condonation of delay is allowed and the
delay is condoned.
We have heard learned counsel for the parties on
admission of the O.A.
In our view, it is a fit case for admission.
Admit.
Let counter affidavit be filed within two weeks. Rejoinder
affidavit, if any, may be filed within one week next thereafter.
List this case on 18.12.2017 for hearing in case counter
and rejoinder affidavits are exchanged.
On the date fixed, learned counsel for the respondents
shall also produce the original record for perusal of the Bench.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A No. 1438 of 2017 In re: O.A. No. Nil of 2017
Tarkeshwar 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri V.A. Singh, Ld. Counsel for the applicant
and Shri Amit Jaiswal, Ld. Counsel for the respondents,
assisted by Wg Cdr Sardul Singh, OIC Legal Cell.
M.A.No 1438 of 2017
We have heard learned counsel for the Applicant as also
learned counsel for the respondents.
Since the controversy involved in this O.A pertains to
grant of disability pension, it being a recurring cause of action, in
our view, case is made out for condonation of delay.
Application for condonation of delay is allowed and the
delay is condoned.
We have heard learned counsel for the parties on
admission of the O.A.
In our view, it is a fit case for admission.
Admit.
Let counter affidavit be filed within two weeks. Rejoinder
affidavit, if any, may be filed within one week next thereafter.
List this case on 18.12.2017 for hearing in case counter
and rejoinder affidavits are exchanged.
On the date fixed, learned counsel for the respondents
shall also produce the original record for perusal of the Bench.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 1448 of 2017 In re: O.A No. Nil of 2017
YPS Chauhan 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Shailendra Kumar Singh, Ld. Counsel for the
applicant and Shri R.C. Shukla, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Objection filed today in court is taken on record.
Let reply to objection be filed within two weeks.
List this case on 19.12.2017 for admission.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 1460 of 2017 In re: O.A. No. Nil of 2017
Ashok Kumar 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Satendra Kumar Singh, Ld. Counsel for the
applicant and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Learned counsel for the Applicant prays for dismissal of the
case as withdrawn submitting that on account of inadvertence,
certain incorrect facts have come to be mentioned in the O.A.
Learned counsel for the respondents does not object to
dismissal of the O.A as withdrawn.
In view of the above, the case is dismissed as withdrawn
with liberty to learned counsel for the Applicant to file fresh O.A.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 1461 of 2017 In re: O.A No. Nil of 2017
Bhawani Datt 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri K.K.S. Bisht, Ld. Counsel for the applicant
and Shri R.K.S. Chauhan, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Learned counsel for the respondents prays for short time to
file objection.
List this case on 29.11.2017 in order to enable the learned
counsel for the respondents to file objection.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 1465 of 2017 with M.A. No. 1816 of 2017 In re: O.A. No. Nil of 2017
Rambirkchh 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Virendra Kumar Gupta, Ld. Counsel for the
applicant and Shri Bhanu Pratap Singh, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
M.A.No 1465 of 2017
We have heard learned counsel for the Applicant as also
learned counsel for the respondents.
Since the controversy involved in this O.A pertains to grant
of pensionary benefits relating to the rank of Naib Subedar, it
being a recurring cause of action, in our view, case is made out
for condonation of delay.
Application for condonation of delay is allowed and the
delay is condoned.
We have heard learned counsel for the parties on
admission of the O.A.
In our view, it is a fit case for admission.
Admit.
Let counter affidavit be filed within two weeks. Rejoinder
affidavit, if any, may be filed within one week next thereafter.
List this case on 04.01.2018 for hearing in case counter
and rejoinder affidavits are exchanged.
On the date fixed, learned counsel for the respondents
shall also produce the original record for perusal of the Bench.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 1481 of 2017 with M.A. No. 2094 of 2017
In re: O.A. No. Nil of 2017
Rajbir 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Shailendra Kumar Singh, Ld. Counsel for the
applicant and Shri Sunil Sharma, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed, two weeks’ time is granted to file reply to the
objection.
List this case on 19.12.2017 for admission.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No.1604 of 2017 In re: O.A. No. Nil of 2017
Narendra 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri V.A. Singh Ld. Counsel for the applicant and
Shri Ashish Saxena, Ld. Counsel for the respondents, assisted
by Maj Salen Xaxa, OIC Legal Cell.
As prayed, four weeks’ time is granted to file objection.
Replication, if any, may be filed within two weeks next thereafter.
List this case on 10.01.2018 for admission.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 1605 of 2017 In re: O.A. No. Nil of 2017
Nagendra Prasad 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri V.A. Singh, Ld. Counsel for the applicant and
Dr. Chet Narain Singh, Ld. Counsel for the respondents, assisted
by Maj Salen Xaxa, OIC Legal Cell.
As prayed, two weeks’ time is granted to file objection.
Replication, if any, may be filed within one week next thereafter.
List this case on 19.12.2017 for admission
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 1648 of 2017 In re: O.A. No. Nil of 2017
Krishna 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri V.P. Pandey, Ld. Counsel for the applicant
and Shri S.N. Pandey, Ld. Counsel for the respondents, assisted
by Maj Salen Xaxa, OIC Legal Cell.
As prayed, let objection be filed by tomorrow.
List this case on 29.11.2017 for admission.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 1651 of 2017 In re: O.A. No. Nil of 2017
Vinod 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
28.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri R. Chandra, Ld. Counsel for the applicant
and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed, two weeks’ time is granted to file objection.
Replication, if any, may be filed within one week next thereafter.
List this case on 04.01.2018 for admission
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
EX-A No. 78 of 2017 In re: T.A. No. 33 of 2012
Surendra Singh 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri V.P. Pandey, Ld. Counsel for the petitioner
and Shri Ashish Kumar Singh, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Learned counsel for the respondents states that the
petitioner has not furnished the required documents. Learned
counsel for the petitioner on the other hand submits that he has
not been furnished list of required documents.
Let a copy of the order passed be supplied to the learned
counsel for the petitioner during the course of the day with
regard to incorrect name of wife and her date of birth.
List this case on 28.11.2017 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 304 of 2017
Murari Lal 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Rohit Kumar, Ld. Counsel for the applicant
and Shri Virendra Singh, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Learned counsel for the respondents prays for time to
comply with the order of the Tribunal dated 27.09.2017.
List this case on 29.11.2017 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 421 of 2017
Satendra 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri R. Chandra, Ld. Counsel for the applicant
and Dr. Chet Narain Singh, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Counter affidavit filed today in Court is taken on record. Let
rejoinder affidavit be filed within a week.
List this case for hearing on 22.12.2017.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 41 of 2015
Parmjit 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Shailendra Kumar Singh, Ld. Counsel for the
applicant and Shri G.S. Sikarwar, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
The case is directed to be listed on 29.11.2017 for further
hearing in order to enable learned counsel for the respondents to
answer certain queries bearing on the case.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
T.A. No. 572 of 2010 Along with T.A. No. 573 of 2010 & T.A. No. 633 of 2010
HCS Rautela Petitioner By Legal Practitioner for the Petitioner
Versus
Chief of Army Staff & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Rohit Kumar, Ld. Counsel for the petitioner
and Shri Sushil Kumar Singh, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
This case required production of original documents of
court of inquiry for perusal of the Bench which the learned
counsel for the respondents have not produced despite repeated
orders by the Court.
List this case on 30.11.2017 as a last opportunity for
production of the original documents in terms of the earlier order
alongwith connected cases.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
T.A. No. 633 of 2010 Along with T.A. No. 635 of 2010 & T.A. No. 572 of 2010
Upendra Singh Chauhan Petitioner By Legal Practitioner for the Petitioner
Versus
Chief of Army Staff & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Rohit Kumar, Ld. Counsel for the petitioner
and Shri Mohd Zafar Khan, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
This case required production of original documents of
court of inquiry for perusal of the Bench which the learned
counsel for the respondents have not produced despite repeated
orders by the Court.
List this case on 30.11.2017 as a last opportunity for
production of the original documents in terms of the earlier order
alongwith connected cases.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
T.A. No. 635 of 2010 with T.A. No. 1479 of 2017 Along with T.A. No. 633 of 2010 & T.A. No. 572 of 2010
Anil Joshi 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Rohit Kumar, Ld. Counsel for the petitioner
and Shri Namit Sharma, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
This case required production of original documents of
court of inquiry for perusal of the Bench which the learned
counsel for the respondents have not produced despite repeated
orders by the Court.
List this case on 30.11.2017 as a last opportunity for
production of the original documents in terms of the earlier order
alongwith connected cases.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 123 of 2010
Durgawati 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri V.A. Singh, Ld. Counsel for the applicant
and Shri G.S. Sikarwar, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Learned counsel for the respondents that the
supplementary counter affidavit which was required to be filed, is
ready and shall be filed during the course of the day. In case the
SCA is filed during the course of the day, the same shall be
taken on record.
Learned counsel for the Applicant shall file reply to SCA
within one week.
List this case for hearing on 05.12.2017.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 219 of 2011 with M.A. No. 760 of 2017
Gupteshwar 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri R. Chandra, Ld. Counsel for the applicant
and Dr. Chet Narain Singh, Ld. Counsel for the respondents,
assisted by Wg Cdr Sardul Singh, OIC Legal Cell.
Learned counsel for the Applicant prays for and is granted
a day’s time.
List this case on 29.11.2017 for hearing.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 145 of 2013 with M.A. No. 1897 of 2017 & M.A. No. 1814 of 2016
Satendra Singh Pal 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri P.K. Shukla, Ld. Counsel for the applicant
and Shri Namit Sharma, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed by learned counsel for the Applicant, list this
case on 29.11.2017 for hearing.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 135 of 2014
Rajendra 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri V.P. Pandey, Ld. Counsel for the applicant
and Shri A.K. Gupta, Ld. Counsel for the respondents, assisted
by Maj Salen Xaxa, OIC Legal Cell.
Shri D.C. Lohumi, learned counsel for respondents 5 and 6
is reported to be ill.
List this case on 14.12.2017 for hearing.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 275 of 2014
Darshan 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Yash Pal Singh, Ld. Counsel for the
applicant and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Lt Commander Seema Chaudhary,
OIC Legal Cell.
OIC Legal Cell who appears for the Navy submits that she
has been recently assigned the duties to prosecute the cases in
this Tribunal on behalf of the Navy and she is not possessed of
the original documents required by the Court today.
Costs imposed by two different orders have also not been
deposited as yet.
She undertakes to deposit the costs (10000 + 5000) at the
earliest in observance of the orders of the Court.
In view of the above, we would like to express our anguish
at the non serious handling of this case by respondents and for
unnecessarily dragging this case for 3 years and direct the
respondents to produce the entire record including the order of
the Union of India, Ministry of Defence of the year 1975 in terms
of earlier order dated 31.05.2017.
The learned counsel for the respondents shall also explain
and give specific reply as to why though the Applicant has been
paid disability pension but has not been paid service element
citing certain Rules and Regulations or certain Navy order.
It shall be open to the respondents to file supplementary
affidavit to explain their conduct.
List this case for hearing on 15.12.2017.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 15 of 2016
Zile 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri K.K. Mishra, Ld. Counsel for the applicant
and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
List this case for hearing on 05.12.2017 on which date the
learned counsel for the respondents shall produce the original
record including medical documents pertaining to the Applicant
for perusal of the Bench.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 187 of 2016
Ram Autar 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Harshvardhan, Ld. Counsel for the applicant
and Shri Amit Jaiswal, Ld. Counsel for the respondents, assisted
by Maj Salen Xaxa, OIC Legal Cell.
The case of the Applicant is that on paper, the Applicant
has been promoted as Lt Col while the fact remains that no
Gazette notification has been issued showing that the Applicant
has retired holding the rank of Lt Col.
Learned counsel for the respondents prays for and is
granted two weeks’ time to do the needful for correction of record
and for issuance of Part II orders and Gazette notification
indicating therein that the Applicant has retired holding the rank
of Lt Col (TS) with all consequential benefits.
List this case on 14.12.2017 for hearing/orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 282 of 2016
Varun Kumar 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri A.K. Srivastava, Ld. Counsel for the
applicant and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Counter affidavit filed is taken on record. Let rejoinder
affidavit be filed within one week.
List this case for hearing on 08.12.2017.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 322 of 2016 with M.A. No. 2048 of 2017, M.A. No. 1719 of 2017, M.A. No. 1612 of 2017, M.A. No. 1611 of 2017 &
1610 of 2017 Along with C.A. No. 02 of 2017
Hari Shankar 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Applicant in person and Dr. Shailendra Sharma
Atal, Ld. Counsel for the respondents, assisted by Maj Salen
Xaxa, OIC Legal Cell.
Written arguments filed on behalf of the Applicant is taken
on record.
Heard the Applicant and learned counsel for the
respondents
Arguments concluded.
Judgment reserved.
Written arguments if any on behalf of the respondents,
may be filed by tomorrow.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 153 of 2017
Bhawani Datt 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri R. Chandra, Ld. Counsel for the applicant
and Shri Yogesh Kesarwani, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed, a week’s time is allowed to file rejoinder
affidavit.
List for hearing on 08.12.2017.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 187 of 2017
Ravendra 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri V.K. Pandey, Ld. Counsel for the applicant
and Shri Ashish Kumar Singh, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed, list this case for hearing on 01.12.2017.
Let original record be produced for perusal of the Bench on
the date fixed.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
T.A. No. 38 of 2011 with M.A. No. 1770 of 2017
Ashwani 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri P.N. Chaturvedi, Ld. Counsel for the
petitioner and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed, list this case for further hearing on 28.11.2017.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
T.A. No. 87 of 2016
Yuvraj 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Shailendra Kumar Singh, Ld. Counsel for the
petitioner and Shri V.P.S. Vats, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Learned counsel for the petitioner prays for and is granted
two weeks’ further time to file rejoinder affidavit.
List this case for hearing on 19.12.2017.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 219 of 2016
Gp Capt Ajay 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
List this case for re - hearing on 29.11.2017
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) BLY/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 2078 of 2017 In re: O.A. Nil of 2017
Brij Bahadur 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Memo of appearance filed by Shri Rajiv Pandey on behalf
of the respondents is taken on record. His name shall be shown
in the cause list.
Present : Shri O.P. Kushwaha, Ld. Counsel for the
applicant and Shri Rajiv Pandey, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed by Ld. Counsel for the respondents, two weeks’
time is granted to file objection on application for condonation of
delay to which Ld. Counsel for the applicant may file replication
within one week thereafter.
List the case on 18.12.2017 for orders.
Meanwhile respondents may also file counter affidavit and
shall produce records on the date fixed.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 574 of 2017
Pramod 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Memo of appearance filed by Shri Kaushik Chatterjee on
behalf of the respondents is taken on record. His name shall be
shown in the cause list.
Present : Shri Virendra Prasad, Ld. Counsel for the
applicant and Shri Kaushik Chatterjee, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
List the case on 13.12.2017 to enable Ld. Counsel for the
respondents to show cause as to why the statutory
representation submitted by the applicant has not been decided
as yet.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
EX-A No. 199 of 2017 In re: T.A. No. 04 of 2011
Dinesh Chandra 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Memo of appearance filed by Shri Amit Jaiswal on behalf
of the respondents is taken on record. His name shall be shown
in the cause list.
Present : Shri K.K. Mishra, Ld. Counsel for the petitioner
and Shri Amit Jaiswal, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Four weeks’ further time is granted to respondents to
show cause as to why the order of the Tribunal dated
07.04.2017 has not been complied with. Ld. Counsel for the
respondents on the basis of instructions received submits that
PPO has been issued.
List the case on 04.01.2018 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 2073 of 2017 with M.A. No. 2074 of 2017
In re: O.A. No. 183 of 2017
Union of India & Others Applicant-Respondents By Legal Practitioner for the Applicant-Respondents
Versus Smt Savitri Devi Widow of Dina Nath Mani Tripathi Respondent-Applicant By Legal Practitioner for Respondent-Applicant
Notes of the Registry
Orders of the Tribunal
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Mohd Zafar Khan, Ld. Counsel for the applicant-
respondent, assisted by Maj Salen Xaxa, OIC Legal Cell.
M.A. No. 2073 of 2017
This is an application for condonation of delay under Section 5
of the Limitation Act in filing application for leave to appeal. The
Application has been preferred after lapse of statutory period. It is
well settled law that the Tribunal lacks jurisdiction to condone the
delay in the matter.
Accordingly, the application for condonation of delay in filing
application for leave to appeal is not maintainable and is rejected.
M.A. No. 2074 of 2017 This is an application for grant of leave to appeal filed under
Section 31of Armed Forces Tribunal Act.
Since the application for condonation of delay has already
been rejected, in consequence thereof, the application for leave to
appeal is also rejected.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 2076 of 2017 with M.A. No. 2077 of 2017
In re: O.A. No. 270 of 2017
Union of India & Others Applicants-Respondent By Legal Practitioner for the Applicants-Respondent
Versus Kali Prasad Sharma Respondent-Applicants By Legal Practitioner for Respondent-Applicant
Notes of the Registry
Orders of the Tribunal
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Mohd Zafar Khan, Ld. Counsel for the
applicants-respondent, assisted by Maj Salen Xaxa, OIC Legal
Cell.
M.A. No. 2076 of 2017
This is an application for condonation of delay under Section 5
of the Limitation Act in filing application for leave to appeal. The
Application has been preferred after lapse of statutory period. It is
well settled law that the Tribunal lacks jurisdiction to condone the
delay in the matter.
Accordingly, the application for condonation of delay in filing
application for leave to appeal is not maintainable and is rejected.
M.A. No. 2077 of 2017 This is an application for grant of leave to appeal filed under
Section 31of Armed Forces Tribunal Act.
Since the application for condonation of delay has already
been rejected, in consequence thereof, the application for leave to
appeal is also rejected.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
T.A. No. 06 of 2017
Smt Urmila 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : None for the petitioner and Maj Salen Xaxa, OIC
Legal Cell.
Issue notice to the petitioner to engage a counsel or make
alternative arrangement to pursue the case. Petitioner shall
also supply Bench copy of the case.
List the case on 05.01.2018 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
EX-A No. 91 of 2017 In re: O.A. No. 24 of 2014
Nar Singh Bahadur 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri P.N. Chaturvedi, Ld. Counsel for the
applicant and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Ld. Counsel for the respondents Dr. Shailendra Sharma
Atal submits that cost shall be deposited during the course of the
day. However, records show that order of the Tribunal under
execution was passed on 07.09.2015. Time was granted
repeatedly but the respondents have not complied with the order.
On 11.09.2017, we had granted further time to comply with the
order, subject to payment of cost of Rs 25,000/- but even then
the order is yet to be complied with. Again on 23.10.2017 further
time was granted for compliance of the Tribunal’s order, subject
to payment of cost of Rs 30,000/- with the observation that it
shall be recovered from the officers who are negligent and
responsible for non-compliance of the Tribunal’s order within the
time stipulated and copy of the order was also directed to be
sent to GOC-in-C, Central Command, Lucknow as well as OIC
Records for compliance.
It has been submitted on behalf of the respondents that the
matter is pending for final adjudication before the Ministry of
Defence. We have been informed by the Ld. Counsel for the
respondents that from the Record Office the recommendation
has been sent to Ministry of Defence only before two weeks from
today. What the Record Office was doing for the last three years
is not understandable.
It shall be appropriate that Chief of the Army Staff (COAS)
should hold an inquiry and fix accountability in the matter so that
the person who has been negligent or kept the matter pending
may be called up and may be issued notice for non-compliance
of the order.
Needless to say, we propose to issue a notice to Record
Office in case the order is not complied with within three weeks
from today. OIC Records Fatehgarh shall file his personal
affidavit within three weeks pointing out under what
circumstances the order under execution has not been complied
with despite elapse of more than two years and why the Record
Office has sent the matter to the Ministry of Defence for
compliance recently, after such an inordinate delay. In case no
affidavit is filed by OIC Records, he shall appear in person to
explain the position. Whether the Record Office is suffering from
incompetence or indifference while dealing the matters of retired
members of the Armed Forces, is a serious question and needs
to be looked at by the Army.
List the case on 15.12.2017 for orders.
Copy of the present order shall be supplied to Ld. Counsel
for the parties today itself on payment of usual charges.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
EX-A No. 113 of 2017 In re: O.A. No. 393 of 2012
Ram Sewak 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri V.K. Gupta, Ld. Counsel for the applicant
and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
This is an application for execution of order of this Tribunal
dated 28.09.2012 passed in O.A. No. 393 of 2012. On
22.09.2017 a stop order was passed granting three weeks’ and
no more time to comply with the order of the Tribunal.
The controversy relates to payment of pension of the rank
of Naib Sub having been granted the honorary rank of Naib Sub.
Inspite of the earlier stop order four weeks’ further time was
granted to the respondents to comply with the order of the
Tribunal dated 28.09.2012 subject to payment of cost of Rs
25,000/-, which was directed to be deposited in the Registry and
to be released in favour of the applicant through cheque
immediately thereafter.
Again Dr. Shailendra Sharma Atal submits that he has not
received any instruction in spite of the communication of the
order. On the other hand the defence set up by the respondents
is that there was no communication on behalf of the applicant in
respect of the aforesaid order. However, records show that even
though the present application has been filed after an inordinate
delay of five years in 2017 but the order of the Tribunal has not
been complied with. However, Maj Salen Xaxa, OIC Legal Cell
has stated that order of the Tribunal shall be complied with
immediately by the JAG Branch. There is no justification for
whatsoever reason that the order under execution has not been
complied with even after five years of its passing in the matter of
a retired member of the Army, who has served the nation upto
the rank of Havildar and granted Hony rank of Naib Sub, which is
a sorry state of affairs.
Ld. Counsel for the applicant Shri Vijay Kumar Gupta
makes a statement that the payment of arrears of OROP
applicable with effect from 01.01.2006 has also not been made
to the applicant. Respondents shall expedite receipt of
instructions in this regard and file reply as to why the arrears
have not been paid.
Subject to payment of cost of Rs 10,000/- we defer the
hearing for 12.12.2017.
Copy of this order shall be supplied to Ld. Counsel for the
parties today itself on payment of usual charges.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
EX-A No. 118 of 2017 In re: O.A. No. 243 of 2016
Raghvendra 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri K.K. Mishra, Ld. Counsel for the applicant
and Ms Anju Singh, Ld. Counsel for the respondents, assisted
by Maj Salen Xaxa, OIC Legal Cell.
As prayed by Ld. Counsel for the respondents, list the
case on 08.12.2017 to enable Ld. Counsel for the respondents
to submit compliance report.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
EX-A No. 133 of 2017 In re: T.A. No. 1451 of 2010
Anil 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Rohit Kumar, Ld. Counsel for the petitioner
and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed by Ld. Counsel for the respondents, four
weeks’ further time is granted to show cause as to why the
order of this Tribunal dated 18.01.2017 has not been complied
with.
List the case on 02.01.2018 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
EX-A No. 141 of 2017 In re: T.A. No. 947 of 2010
Lt Col Vinod 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Y.R. Sharma, Ld. Counsel for the petitioner
and Dr. Chet Narain Singh, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
A statement has been made at Bar by OIC Legal Cell that
the Government sanction has been accorded in pursuance to
order of the Tribunal dated 25.04.2017, a copy of which has
been provided to the petitioner.
As prayed by Ld. Counsel for the respondents, two weeks’
further time is allowed to submit compliance report.
List the case on 14.12.2017 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 2556 of 2016 with M.A. No. 460 of 2017
In re: O.A. Nil of 2016
Yogendra 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri V.R. Chaubey, Ld. Counsel for the applicant
and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed by Ld. Counsel for the applicant, a week’s
further time is allowed to file reply to the objection filed by the
respondents.
List the case on 11.12.2017 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 2617 of 2016 In re: O.A. Nil of 2016
Ganga Sagar 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Rakesh Sharma, Ld. Counsel for the
applicant and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Replication filed by the applicant is taken on record.
Though the delay is inordinate, since the controversy
involves a recurring cause of action for payment of disability
pension, in view of the settle proposition of law the petition is
admitted.
Ld. Counsel for the respondents is granted two weeks’
time to file counter affidavit to which Ld. Counsel for the
applicant may file rejoinder affidavit within one week thereafter.
List the case on 18.12.2017 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A No. 545 of 2017 In re: O.A. No. Nil of 2017
Jai 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Krishna Lal, Ld. Counsel for the Applicant
and Dr. Shailendra Sharma Atal, Ld. Counsel for the
Respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Objection on application for condonation of delay filed by
the respondents is taken on record. Ld. Counsel for the
applicant may file replication with two weeks.
List the case on 23.01.2018 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 636 of 2017 with M.A. No. 1501 of 2017
In re: O.A. Nil of 2017
Kishan Bahadur 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Birendra Singh Singraur, Ld. Counsel for the
applicant and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
M.A. No. 636 of 2017
Heard Ld. Counsel for the parties and perused the records.
This is an application for condonation of delay in
preferring the O.A. The applicant has attained the age of
superannuation on 31.08.2011. After retirement he submitted
representation for re-employment for two years. However
present application has been filed after five years from the date
of superannuation. Now filing a petition after superannuation of
five years for re-employment of two years at the face of record
seems to be not maintainable. Otherwise also the reason
assigned by the applicant does not seem to be sufficient for
condonation of delay. The reasons assigned by the applicant
are vague and do not meet the requirement of law laid down by
Hon’ble Supreme Court in Balwant Singh vs. Jagdish Singh
and others, reported in (2010) 8 SCC 685. In Balwant Singh
(supra) their Lordships of Hon’ble Supreme Court laid down
certain guidelines with regard to condonation of delay since this
petition has been filed after an inordinate delay of about eight
years from the date of judgment of Rajpal Singh (supra).
4. We have heard Ld. Counsel for the parties at length and
perused the records. In M.A. No. 1952 of 2015 B.D. Prajapati
vs. Union of India & Ors, we have relied upon the judgment of
Balwant Singh (supra) while deciding the controversy with
regard to condonation of delay. The relevant portion of the
aforesaid judgment is reproduced as under:-
“It must be kept in mind that whenever a law is enacted by the legislature, it is intended to be enforced in its proper perspective. It is an equally settled principle of law that the provisions of a statute, including every word, have to be given full effect, keeping the legislative intent in mind, in order to ensure that the projected object is achieved. In other words, no provisions can be treated to have been enacted purposelessly. Furthermore, it is also a well settled canon of interpretative jurisprudence that the Court should not give such an interpretation to provisions which would render the provision ineffective or odious. Once the legislature has enacted the provisions of Order 22, with particular reference to Rule 9, and the provisions of the Limitation Act are applied to the entertainment of such an application, all these provisions have to be given their true and correct meaning and must be applied wherever called for. If we accept the contention of the Learned Counsel appearing for the applicant that the Court should take a very liberal approach and interpret these provisions (Order 22 Rule 9 of the CPC and Section 5 of the Limitation Act) in such a manner and so liberally, irrespective of the period of delay, it would amount to practically rendering all these provisions redundant and inoperative. Such approach or interpretation would hardly be permissible in law. Liberal construction of the expression `sufficient cause' is intended to advance substantial justice which itself presupposes no negligence or inaction on the part of the applicant, to whom want of bona fide is imputable. There can be instances where the Court should condone the delay; equally there would be cases where the Court must exercise its discretion against the applicant for want of any of these ingredients or where it does not reflect `sufficient cause' as understood in law. [Advanced Law Lexicon, P. Ramanatha Aiyar, 2nd Edition, 1997] The expression `sufficient cause' implies the presence of legal and adequate reasons. The word `sufficient' means adequate enough, as much as may be necessary to answer the purpose intended. It embraces no more than that which provides a plentitude which, when done, suffices to accomplish the purpose intended in the light of existing circumstances and when viewed from the reasonable standard of practical and cautious men. The sufficient cause should be such as it would persuade the Court, in exercise of its judicial discretion, to treat the delay as an excusable one. These provisions give the Courts enough power and discretion to apply a law in a meaningful manner, while assuring that the purpose of enacting such a law does not stand frustrated. We find it unnecessary to discuss the instances which would fall under either of these classes of cases. The party should show that besides acting bona fide, it had taken all possible steps within its power and control and had approached the Court without any unnecessary delay. The test is whether or not a cause is sufficient to see whether it could have been avoided by the party by the exercise of due care and attention. [Advanced Law
Lexicon, P. Ramanatha Aiyar, 3rd Edition, 2005]
15. We feel that it would be useful to make a reference to the judgment of this Court in Perumon Bhagvathy Devaswom (supra). In this case, the Court, after discussing a number of judgments of this Court as well as that of the High Courts, enunciated the principles which need to be kept in mind while dealing with applications filed under the provisions of Order 22, CPC along with an application under Section 5, Limitation Act for condonation of delay in filing the application for bringing the legal representatives on record. In paragraph 13 of the judgment, the Court held as under:-
"13 (i) The words "sufficient cause for not making the application within the period of limitation" should be understood and applied in a reasonable, pragmatic, practical and liberal manner, depending upon the facts and circumstances of the case, and the type of case. The words `sufficient cause' in Section 5 of the Limitation Act should receive a liberal construction so as to advance substantial justice, when the delay is not on account of any dilatory tactics, want of bona fides, deliberate inaction or negligence on the part of the appellant."
(ii) In considering the reasons for condonation of delay, the courts are more liberal with reference to applications for setting aside abatement, than other cases. While the court will have to keep in view that a valuable right accrues to the legal representatives of the deceased respondent when the appeal abates, it will not punish an appellant with foreclosure of the appeal, for unintended lapses. The courts tend to set aside abatement and decided the matter on merits. The courts tend to set aside abatement and decide the matter on merits, rather than terminate the appeal on the ground of abatement.
(iii) The decisive factor in condonation of delay, is not the length of delay, but sufficiency of a satisfactory explanation.
(iv) The extent or degree of leniency to be shown by a court depends on the nature of application and facts and circumstances of the case. For example, courts view delays in making applications in a pending appeal more leniently than delays in the institution of an appeal. The courts view applications relating to lawyer's lapses more leniently than applications relating to litigant's lapses. The classic example is the difference in approach of courts to applications for condonation of delay in filing an appeal and applications for condonation of delay in re-filing the appeal after rectification of defects.
(v) Want of "diligence" or "inaction" can be attributed to an appellant only when something required to be done by him, is not done. When nothing is required to be done, courts do not expect the appellant to be diligent. Where an appeal is admitted by the High Court and is not expected to be listed for final hearing for a few years, an appellant is not expected to visit the court or his lawyer every few weeks to ascertain the position nor keep checking whether the contesting respondent is alive. He merely awaits the call or information from his counsel about the listing of the appeal.
We may also notice here that this judgment had been followed with approval by an equi-bench of this Court in the case of Katari Suryanarayana (supra).”
In view of the above the application for condonation of
delay is dismissed. In consequence thereto the O.A. is also
rejected.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A No. 776 of 2017 with M.A. No. 1634 of 2017 In re: O.A. No. Nil of 2017
Kishan 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : None for the Applicant and Ms Anju Singh, Ld.
Counsel for the Respondents, assisted by Maj Salen Xaxa, OIC
Legal Cell.
Shri Nishant Verma, Ld. Counsel for the applicant is
reported to be out of station.
In the interest of justice, list the case on 25.01.2018 for
orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A No. 865 of 2017 In re: O.A. No. Nil of 2017
Bhim 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Parijaat Belaura, Ld. Counsel for the
Applicant and Shri Amit Jaiswal, Ld. Counsel for the
Respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Controversy relates to grant of pension to the rank of Naib
Sub, which is a recurring cause of action. Accordingly, delay is
condoned.
Admit.
Ld. Counsel for the respondents is granted two weeks’
time to file counter affidavit to which Ld. Counsel for the
applicant may file rejoinder affidavit within next one week.
List the case on 09.01.2018 for orders.
Ld. Counsel for the respondents shall also produce the
records on the date fixed.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A No. 880 of 2017 In re: O.A. No. Nil of 2017
Azaz Noor 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Ashok Kumar, Ld. Counsel for the Applicant
and Shri A.K. Gupta, Ld. Counsel for the Respondents, assisted
by Maj Salen Xaxa, OIC Legal Cell.
Objection filed by the respondents is taken on record. The
applicant may file replication within two weeks.
List the case on 18.12.2017 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A No. 959 of 2017 In re: O.A. No. Nil of 2017
Mahananda Rath 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri V.A. Singh, Ld. Counsel for the applicant
and Shri Yogesh Kesarwani, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed by Ld. Counsel for the applicant, two weeks’
further time is granted to file replication.
List the case on 19.12.2017 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A No. 1173 of 2017 In re: T.A. No. 690 of 2010
Tikam 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri P.N. Chaturvedi, Ld. Counsel for the
petitioner and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Cost has been deposited and receipt filed thereof is taken
on record.
Affidavits have been exchanged.
List the case on 15.12.2017 for hearing.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A No. 1203 of 2017 with M.A. No. 1841 of 2017 In re: O.A. No. Nil of 2017
Shanti Swaroop 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Smt Poonam Singh, Ld. Counsel for the
applicant and Shri A.K. Sahu, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Objection filed by the respondents is taken on record.
Applicant may file replication within two weeks’.
List the case on 22.01.2018 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A No. 1293 of 2017 In re: O.A. No. Nil of 2017
Raj Kumar Chaturvedi 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri H.N. Tiwari, Ld. Counsel for the applicant
and Shri R.C. Shukla, Ld. Counsel for the respondents, assisted
by Maj Salen Xaxa, OIC Legal Cell.
Controversy relates to payment of disability pension,
which inhibits in itself a recurring cause of action.
The delay is accordingly condoned.
Admit.
As prayed, Ld. Counsel for the respondents is granted
three weeks’ time to file counter affidavit to which Ld. Counsel
for the applicant may file rejoinder affidavit within next two
weeks.
List the case on 29.01.2018 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 1375 of 2017 In re: O.A No. Nil of 2017
Purna Bahadur Rana 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Veer Raghav Chaubey, Ld. Counsel for the
applicant and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed by Ld. Counsel for the respondents, two weeks’
further time is granted to file objection on application for
condonation of delay to which Ld. Counsel for the applicant may
file replication within next one week.
List the case on 12.01.2018 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 1399 of 2017 In re: O.A. No. Nil of 2017
Shiwaji 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Yash Pal Singh, Ld. Counsel for the
applicant and Shri Ashish Saxena, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed by Ld. Counsel for the respondents, four weeks’
further time is allowed to file replication to which Ld. Counsel for
the applicant may file replication within next two weeks.
List the case on 25.01.2018 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 1424 of 2017 with M.A. No. 1786 of 2017 In re: O.A No. Nil of 2017
Urba Datt 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Vinay Pandey, Ld. Counsel for the applicant
and Ms Anju Singh, Ld. Counsel for the respondents, assisted by
Maj Salen Xaxa, OIC Legal Cell.
As prayed by Ld. Counsel for the applicant, two weeks’
further time is allowed to file replication.
List the case on 02.01.2018 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 1425 of 2017 In re: O.A. No. Nil of 2017
Ram Nirekhan 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri J.N. Mishra, Ld. Counsel for the applicant
and Ms Amrita Chakraborty, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed by Ld. Counsel for the respondents, two weeks’
further time is granted to file objection on application for
condonation of delay to which Ld. Counsel for the applicant may
file replication within one week.
List the case on 03.01.2018 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 1428 of 2017 In re: O.A. No. Nil of 2017
Nitesh Kumar 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Ravi Shankar Pandey, Ld. Counsel for the
applicant and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed by Ld. Counsel for the respondents, a week’s
time is granted to file objection on application for condonation of
delay to which Ld. Counsel for the applicant may file replication
within next one week.
List the case on 20.12.2017 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No.1458 of 2017 with M.A. No. 2023 of 2017 In re: O.A. No. Nil of 2017
Avadh Narain 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Col A.K. Srivastava (Retd), Ld. Counsel for the
applicant and Shri Ashish Kumar Singh, Ld. Counsel for the
respondents, assisted by Wg Cdr Sardul Singh, OIC Legal Cell.
As prayed by Ld. Counsel for the applicant, two weeks’
further time is granted to file replication.
List the case on 13.12.2017 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
M.A. No. 1506 of 2017 In re: O.A. No. Nil of 2017
Om Prakash 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Bhanu Pratap Singh Chauhan, Ld. Counsel
for the applicant and Shri Amit Jaiswal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed by Ld. Counsel for the respondents, a week’s
further time is granted to file objection on application for
condonation of delay to which Ld. Counsel for the applicant may
file replication within next one week.
List the case on 06.12.2017 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 263 of 2014
Ishwar 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri K.B. Singh, Ld. Counsel for the applicant
and Ms Deepti P. Bajpai, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Objection on amendment application filed by the
respondents is taken on record. Ld. Counsel for the applicant
may file replication within one week.
List the case on 11.12.2017 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1
O.A. No. 103 of 2017
Vishwa Jeet 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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Shailendra Kumar Singh, Ld. Counsel for the
applicant and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Wg Cdr Sardul Singh, OIC Legal Cell.
As prayed by Ld. Counsel for the respondents, two weeks’
further time is granted to file counter affidavit to which Ld.
Counsel for the applicant may file rejoinder affidavit within next
one week.
List the case on 15.12.2017 for orders.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT
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
27.11.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Shailendra Kumar Singh, Ld. Counsel for the
applicant and Shri Virendra Singh, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Rejoinder affidavit filed by Ld. Counsel for the applicant is
taken on record.
Respondent No 6, Sub (Clk) Asit Kumar Das, who
appeared in person submitted that on account of order dated
25.07.2017 passed by this Hon’ble Tribunal he has suffered
irreparable loss and injury as has not been granted promotion to
the next higher post though he had been cleared for the same
earlier. He has also filed counter affidavit in this case.
While perusing the order dated 25.07.2017 on the face of
record we noticed that the promotion to the respondent No 6 to
the next higher post was subject to further orders to be passed
by this Tribunal in this case, meaning thereby in case the petition
is allowed then appropriate order may be passed, including
setting aside of the promotion order.
In view of the above, there appears to be ill advice or error
on the part of the respondents in understanding the order passed
by the Tribunal. Accordingly, subject to orders to be passed by
this Tribunal, it shall be open to the respondents to promote the
respondents No 6 on the next higher post, in case he is
otherwise eligible. The respondents shall also ensure that
respondent No 6 would not suffer loss of seniority due to this
wrong interpretation of AFT order dated 25.07.2017.
As prayed, Ld. Counsel for the applicant may file rejoinder
affidavit within two weeks.
It shall be open to the respondent No 6 to engage some
counsel or to make a request to JAG Branch to argue his case.
List the case on 29.01.2018 for orders.
Copy of the order be supplied to Ld. Counsel for the
parties today itself on payment of usual charges.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) JPT