Form No. 4 ORDER SHEET ARMED FORCES TRIBUNAL, …aftlko.up.nic.in/C1 Daily Order/c1 Order-2017/C1...
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Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1
O.A. No. 472 of 2017 Dilip 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
30.10.2017 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 Amit Jaiswal
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 Vijay Kumar Pandey, Ld. Counsel for the
applicant and Shri Amit Jaiswal, Ld. Counsel for the Respondents,
assisted by Col Hemant Kakar, OIC Legal Cell.
With liberty to respondents to proceed against the Applicant in
accordance with law for any delay or omission or commission, the
Applicant shall be permitted to resume duty in his unit immediately
when he reports for duty armed with copy of the present order. It shall
be subject to further orders by this Tribunal.
For the facts and reasons, the O.A is admitted.
Let counter affidavit be filed within four weeks.
Rejoinder affidavit, if any, may be filed within two weeks next
thereafter.
List this case for hearing on 04.01.2018.
It needs to be clarified that we have not entered into the merit of
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
C.A. No. 07 of 2017 In re: O.A. No. 104 of 2017 Col Ran Singh Dudee 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
30.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Rajiv Manglik, Ld. Counsel for the applicant.
While deciding the O.A. No 104 of 2017 on 12.09.2017, we
had passed the following order:
47. In view of the above, we allow the petition with cost.
The impugned order is set aside and it is directed that the
respondents shall constitute fresh Selection Board within
two month from today which shall reconsider the
Applicant’s case afresh keeping in view the Tribunal
judgment in accordance with law expeditiously, say, within
two months.
48. The cost is quantified at Rs 5 lakhs which shall be
paid to the Applicant within two months. The cost shall be
deposited with the Registry of the Tribunal within the
aforesaid period and the same on deposit shall be released
in favour of the Applicant through cheque by the Registry.
The members of the Board shall indicate the date of entries
and punishment if any in the proceeding of the Selection
Board in case it is alive and affects the Applicant’s Service
career.
The crux of submission of learned counsel for the
Applicant is that the Selection Board was held between 26th Sept
2017 and 07.10.2017 but name of the applicant was not taken
into reckoning. The order at the very face of the record indicates
that the respondents were directed not only to constitute the
Board but also to reconsider the Applicant’s case afresh keeping
in view the judgment of the Tribunal within two months. Ex facie
there appears to be deliberate and intentional disobedience of
the order of the Tribunal aforesaid.
It has already been settled by a decision of Calcutta Armed
Forces Tribunal In C.A No 6 of 2015 vide judgment and order
dated 10.04.2015, Ashanandan Singh vs Lt Col K.S.Mehra
that the Tribunal is seized of the jurisdiction to take action under
section 19 of the Armed Forces Tribunal Act 2007 in the event of
commission of contempt and non-compliance of the order of the
Tribunal by the authorities. Since in the present case, the case of
the Applicant has not been reconsidered in terms of the
directions contained in the order of the Tribunal dated
12.09.2017 though in the teeth of record, the Board was
constituted and other selections were held, this appears to
constitute deliberate and intentional attempt on the part of the
respondents to defy the order of the Tribunal.
Let notice be issued to respondents 2.3.4 and 5 to show
cause why they be not tried and punished for non compliance of
the order the Tribunal. We hope and expect that the order of the
Tribunal aforesaid shall be complied with by the next date fixed
in the case, failing which we shall be compelled to summon the
respondents aforesaid and pass appropriate orders for showing
disobedience to the order of the Tribunal.
List this case on 19.12.2017 for orders.
Let a copy of this order be supplied to the learned counsel
for the respondents forthwith for onward transmission to the
respondents concerned for compliance.
(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. 200 of 2017 with M.A. No. 1404 of 2017
Virupaxayya Hiremath 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
30.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Manoj Kumar Pandey, Ld. Counsel for the
applicant and Mrs Anju Singh, Ld. Counsel for the respondents,
assisted by Col Hemant Kakar, OIC Legal Cell.
Rejoinder affidavit filed today in court by learned counsel
for the Applicant is taken on record.
List for 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
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
30.10.2017 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.
Learned counsel for the respondents has stated across the bar
that the original record pertaining to the Applicant is not available. He
suggested that its necessary implication is that the record has been
weeded out. The learned counsel for the respondent further submits
that the policy of Govt of India is also not available.
Let an affidavit be filed stating therein the facts as aforesaid by
the next date fixed.,
Learned counsel for the Applicant submits that the costs which
have been imposed by the Tribunal vide its orders dated 24.08.2017
and 28.09.2017 have not yet been deposited. Learned counsel for the
respondents in reply submits that sanction has been accorded for
depositing the cost and the same is likely to be deposited very shortly.
Let the costs be deposited by the next date fixed.
List this case for hearing on 27.11.2017.
(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. 269 of 2015
Radhey Shyam 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
30.10.2017 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 D.K. Pandey, Ld. Counsel for the
respondents, assisted by Col Hemant Kakar, OIC Legal Cell.
As prayed, list this case on 06.11.2017 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. 69 of 2016
Ramesh Chandra 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
30.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri M.C. Shukla, Ld. Counsel for the applicant
and Shri Sunil Sharma, Ld. Counsel for the respondents,
assisted by Col Hemant Kakar, OIC Legal Cell.
Learned counsel for the Applicant seeks adjournment in
order to enable him to prepare the case.
As prayed, the case is adjourned and is directed to be
listed for hearing on 11.12.2017.
(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. 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
30.10.2017 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 Col Hemant Kakar, OIC
Legal Cell.
Learned counsel for the respondents has stated across the bar
that the order of the Tribunal has been complied with by directing to
pay pension to the Applicant in terms of the impugned order dated
19.12.2016. A copy of the order so passed has been handed over to
the Applicant who appears in person.
In view of the above, the contempt Application is rendered
infructuous and is accordingly dismissed.
O.A.No 322 of 2016
As prayed, two weeks’ time is allowed to file rejoinder affidavit.
The respondents may also filed affidavit in reply to
supplementary affidavit filed by the Applicant.
List for hearing on 27.11.2017.
(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. 323 of 2016
Rahul 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
30.10.2017 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 Asheesh Agnihotri, Ld. Counsel for the respondents,
assisted by Col Hemant Kakar, OIC Legal Cell.
As prayed, a week’s further time is allowed to file rejoinder
affidavit.
List 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. 20 of 2017
Sanjay Prakash Agnihotri 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
30.10.2017 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 Dr. Gyan Singh, Ld. Counsel for the respondents, assisted
by Col Hemant Kakar, OIC Legal Cell.
As prayed by learned counsel for the respondents, two
weeks’ further time is allowed to file counter affidavit. 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. 43 of 2017
Gajadhar Chaudhary 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
30.10.2017 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 Col Hemant Kakar, OIC Legal Cell.
As prayed, four weeks’ time is allowed to file rejoinder
affidavit.
List this case for hearing on 09.01.2018.
(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. 213 of 2017
Dheeraj Modgil 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
30.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Ram Kumar Verma, Ld. Counsel for the
applicant and Shri Yogesh Kesarwani, Ld. Counsel for the
respondents, assisted by Col Hemant Kakar, OIC Legal Cell.
As prayed, two weeks’ further time is allowed to file
rejoinder affidavit.
List for hearing on 20.12.2017.
(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. 306 of 2017
Khalid Husain Siddiqui 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
30.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri S.K. Singh, Ld. Counsel for the applicant and
Shri R.C. Shukla, Ld. Counsel for the respondents, assisted by
Col Hemant Kakar, OIC Legal Cell.
As prayed, two weeks’ further time is allowed to file counter
affidavit. Rejoinder affidavit, if any, may be filed within two weeks
next thereafter.
List this case on 05.12.2017 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
T.A. No. 753 of 2010 along with O.A. No. 248 of 2011
KP Mishra Petitioner By Legal Practitioner for the Petitioner
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
30.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri S.K. Pandey, Ld. Counsel for the petitioner
and Shri D.K. Pandey, Ld. Counsel for the respondents, assisted
by Wg Cdr Sardul Singh, OIC Legal Cell.
As prayed, four weeks and no more time is allowed to file
counter affidavit to amended petition. Replication, if any, may be
filed within two weeks next thereafter.
List this case for hearing on 18.12.2017.
(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
T.A. No. 67 of 2011
Rameshwar 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
30.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Rajeev Srivastava, Ld. Counsel for the
petitioner and Shri Rajiv Pandey, Ld. Counsel for the
respondents, assisted by Col Hemant Kakar, OIC Legal Cell.
List this case for further hearing on 14.11.2017.
(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. 19 of 2017 with M.A. No. 799 of 2017
Sepoy 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
30.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri D.S. Kauntae, Ld. Counsel for the petitioner
and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Col Hemant Kakar, OIC Legal Cell.
As prayed, four weeks’ further time is allowed to file
rejoinder affidavit.
List this case for hearing 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
D.Y. No. 1986 of 2107 In re: O.A. No. Nil of 2017
Virender 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
30.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Shri Sidharth Dhaon, Advocate, assisted by Col Hemant
Kakar, OIC Legal Cell, has put in appearance on behalf of the
respondents. Memo of appearance filed by him is taken on
record. When the case is next listed, his name be shown as
counsel for the respondents.
A week’s time, as prayed for, is allowed to the petitioner to
file application for condonation of delay.
List this case for orders on 10.11.2017.
(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. 1807 of 2017 In re: O.A. No. Nil of 2017
Anil 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
30.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Shri Kaushik Chatterji, Advocate has filed memo of
appearance on behalf of the respondents, which is taken on
record. When the case is next listed, his name be shown as
counsel for the respondents.
Present : Col Y.R. Sharma, Ld. Counsel for the applicant
and Shri Kaushik Chatterji, Ld. Counsel for the Respondents,
assisted by Col Hemant Kakar, OIC Legal Cell.
As prayed, four weeks’ time is allowed to the respondents
to file objection against the application for condonation of delay.
The applicant shall thereafter have two weeks’ time to file
replication.
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
M.A. No. 1823 of 2017 In re: O.A. No. Nil of 2017
Badam 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
30.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Dr Shailendra Sharma Atal, Advocate has filed memo of
appearance on behalf of the respondents, which is taken on
record. When the case is next listed, his name be shown as
counsel for the respondents.
Present : Shri V.P. Pandey, Ld. Counsel for the applicant
and Dr Shailendra Sharma Atal, Ld. Counsel for the
Respondents, assisted by Col Hemant Kakar, OIC Legal Cell.
As prayed, four weeks’ time is allowed to the respondents
to file objection against the application for condonation of delay.
The applicant shall thereafter have two weeks’ time to file
replication.
List this case for orders on 21.12.2017.
(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
M.A. No. 1824 of 2017 In re: O.A. No. Nil of 2017
Rajnish 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
30.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Shri Asheesh Agnihotri, Advocate has filed memo of
appearance on behalf of the respondents, which is taken on
record. When the case is next listed, his name be shown as
counsel for the respondents.
Present : Mrs Pushpila Bisht, Ld. Counsel for the applicant
and Shri Asheesh Agnihotri, Ld. Counsel for the Respondents,
assisted by Col Hemant Kakar, OIC Legal Cell.
As prayed, four weeks’ time is allowed to the respondents
to file objection against the application for condonation of delay.
The applicant shall thereafter have two weeks’ time to file
replication.
List this case for orders on 10.01.2018.
(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. 1825 of 2017 In re: O.A. No. Nil of 2017 Gange Ram Chaube 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
30.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Dr Gyan Singh, Advocate has filed memo of appearance
on behalf of the respondents, which is taken on record. When
the case is next listed, his name be shown as counsel for the
respondents.
Present : Shri V.K. Pandey, Ld. Counsel for the applicant
and Dr Gyan Singh, Ld. Counsel for the Respondents, assisted
by Col Hemant Kakar, OIC Legal Cell.
As prayed, four weeks’ time is allowed to the respondents
to file objection against the application for condonation of delay.
The applicant shall thereafter have two weeks’ time to file
replication.
List this case for orders on 09.01.2018.
(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. 1826 of 2017 In re: O.A. No. Nil of 2017 Rajesh Kumar Maurya 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
30.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Shri Ramesh Chandra Shukla, Advocate has filed memo of
appearance on behalf of the respondents, which is taken on
record. When the case is next listed, his name be shown as
counsel for the respondents.
Present : Shri Divakar Singh, Ld. Counsel for the applicant
and Shri R.C.Shukla, Ld. Counsel for the Respondents, assisted
by Col Hemant Kakar, OIC Legal Cell.
As prayed, four weeks’ time is allowed to the respondents
to file objection against the application for condonation of delay.
The applicant shall thereafter have two weeks’ time to file
replication.
List this case for orders on 10.01.2018.
(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. 474 of 2017 Aftab Alam 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
30.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Shri A.K.Sahu, Advocate has filed memo of appearance on
behalf of the respondents, which is taken on record. When the
case is next listed, his name be shown as counsel for the
respondents.
Present : Shri P.N. Chaturvedi, Ld. Counsel for the
applicant and Shri A.K.Sahu, Ld. Counsel for the Respondents,
assisted by Col Hemant Kakar, OIC Legal Cell.
As prayed, four weeks’ time is allowed to the respondents
to file objection against the application for condonation of delay.
The applicant shall thereafter have two weeks’ time to file
replication.
List this case for orders on 04.01.2018.
(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 No. 180 of 2017 In re: O.A. No. 291 of 2013 Ramesh Chand 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
30.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Shri VPS Vats, Advocate files memo of appearance on
behalf of the respondents, which is taken on record. When the
case is next listed, his name be shown as counsel for the
respondents.
Present : Shri Vijay Kumar Pandey, Ld. Counsel for the
applicant and Shri VPS Vats, Ld. Counsel for the Respondents,
assisted by Col Hemant Kakar, OIC Legal Cell.
As prayed, four weeks’ time is allowed to the respondents
to show cause why the Tribunal’s order dated has not been
complied with so far. They shall submit compliance report on the
next date fixed.
List this case for orders 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
M.A. No. 1344 of 2017 In re: O.A. No. Nil of 2017
Ram Gopal Sharma Applicant By Legal Practitioner for the Applicant
Versus
Kapil Dev Mishra Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
30.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Girish Tiwari, Ld. Counsel for the Applicant
and Shri Siddharth Dhaon Ld. Counsel for the respondents,
assisted by Col Hemant Kakar, OIC Legal Cell.
As prayed, a week’s time is allowed to the respondents to
file objection against the application for condonation of delay.
The respondents shall thereafter have a week’s time to file
replication.
List this case for orders on 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. 1347 of 2017 In re: O.A. No. Nil of 2017
Jagbir Singh Applicant By Legal Practitioner for the Applicant
Versus
Kapil Dev Mishra Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
30.10.2017 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 Col Hemant Kakar, OIC Legal Cell, for the respondents.
As prayed by OIC Legal Cell, one week’s time is allowed to
file objection against the application for condonation of delay.
The applicant shall thereafter have a week’s time to file
replication.
List this case for orders 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
M.A. No. 1348 of 2017 In re: O.A. No. Nil of 2017
Gajendra 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
30.10.2017 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. Gyan Singh, Ld. Counsel for the respondents, assisted
by Col Hemant Kakar, OIC Legal Cell.
Respondents’ counsel Dr. Gyan Singh files objection
against the application for condonation of delay. The same is
taken on record.
As prayed, the applicant is allowed two weeks’ time to file
replication.
List this case for orders 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
M.A. No. 1716 of 2017 with M.A. No. 1717 of 2017
In re: T.A. No. 1480 of 2010
Harikesh 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
30.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Shri Mohd Zafar Khan, Advocate, files memo of
appearance on behalf of the respondents, which is taken on
record. When the case is next listed, his name be shown as
counsel for the respondents.
Present : Shri Amit Kumar Prasad, Ld. Counsel for the
petitioner, and Shri Mohd Zafar Khan, Ld. Counsel for the
respondents, assisted by Wg Cdr Sardul Singh, OIC Legal Cell.
As prayed, four weeks’ time is allowed to the respondents
to file objection against the application for condonation of delay.
The applicant shall thereafter have two weeks’ time to file
replication.
List this case for orders on 08.01.2018.
(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. 1819 of 2017 with M.A. No. 1820 of 2017
In re: O.A. No. 99 of 2017
Union of India & Others Applicants By Legal Practitioner for the Applicants
Versus
Bashisht Kumar Dwivedi Respondent By Legal Practitioner for Respondent
Notes of the Registry
Orders of the Tribunal
30.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Heard Ms Anju Singh, Ld. Counsel for the applicant-
respondents, assisted by Col Hemant Kakar, OIC Legal Cell.
M.A.No. 1821 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. 1822 of 2017
This is an application for grant of leave to appeal filed under
Section 31 of the 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) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1
M.A. No. 1821 of 2017 with M.A. No. 1822 of 2017
In re: O.A. No. 244 of 2017
Union of India & Others Applicants By Legal Practitioner for the Applicants
Versus
Shambhu Singh Respondent By Legal Practitioner for Respondent
Notes of the Registry
Orders of the Tribunal
30.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Heard Ms Anju Singh, Ld. Counsel for the applicant-
respondents, assisted by Col Hemant Kakar, OIC Legal Cell.
M.A.No. 1819 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. 1820 of 2017
This is an application for grant of leave to appeal filed under
Section 31 of the 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) LN/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1
D.Y. No. 652 of 2017 In re: O.A. No. Nil of 2017 Ashok 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
30.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri D.S. Kauntae, Ld. Counsel for the applicant
and Shri R.K.S. Chauhan, Ld. Counsel for the Respondents,
assisted by Col Hemant Kakar, OIC Legal Cell.
Two weeks’ further time, as prayed, is granted to the
respondents’ counsel Shri RKS Chauhan to seek instructions as
to whether the pending statutory appeal of the applicant has
been decided or not.
List this case for orders 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
D.Y. No. 1400 of 2017 In re: O.A. No. Nil of 2017 Rajendra Singh Indolia 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
30.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri D.S. Kauntae, Ld. Counsel for the applicant
and Mrs Appoli Srivastava, Ld. Counsel for the Respondents,
assisted by Col Hemant Kakar, OIC Legal Cell.
As prayed, two weeks’ further time is allowed to the
applicant to file application for condonation of delay in terms of
earlier order. The respondents shall thereafter have two weeks’
time to file objection.
List this case for orders 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 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
30.10.2017 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 Col Hemant Kakar, OIC Legal Cell.
Learned counsel for the petitioner prays for and is allowed
two weeks’ time to seek necessary instructions as to whether the
documents required to be submitted by the petitioner have been
submitted by him or not.
List this case for orders on 27.11.2017.
(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
EX.A No. 95 of 2017 In re: T.A. No. 358 of 2015
Raj Bahadur 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
30.10.2017 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. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Col Hemant Kakar, OIC Legal Cell.
It is submitted by learned counsel for the respondents that
the Government sanction has been accorded and the PPO is
likely to be issued very soon.
List this case for orders on 04.12.2017. The respondents’
counsel shall submit compliance report on the date fixed.
(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. 108 of 2017 In re: T.A. No. 05 of 2016 Sidhya Narayan Saxena 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
30.10.2017 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
petitioner and Dr. Gyan Singh, Ld. Counsel for the Respondents,
assisted by Col Hemant Kakar, OIC Legal Cell.
As prayed, two weeks’ time is allowed to the respondents’
counsel to file compliance report.
List this case for orders on 21.11.2017.
(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
EX-A No. 154 of 2017 In re: O.A. No. 282 of 2015
Sheo Kumar 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
30.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Indra Pal Singh, Ld. Counsel for the
applicant and Shri Shyam Singh, Ld. Counsel for the
respondents, assisted by Col Hemant Kakar, OIC Legal Cell.
It is submitted by learned counsel for the respondents that
the Government sanction has been accorded and the PPO is
likely to be issued very soon.
List this case for orders on 04.12.2017. The respondents’
counsel shall submit compliance report on the date fixed.
(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. 801 of 2017 with M.A. No. 1500 of 2017 In re: O.A. No. Nil of 2017
Hom Bahadur Chhetri 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
30.10.2017 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 Amit Jaiswal, Ld. Counsel for the
respondents, assisted by Col Hemant Kakar, OIC Legal Cell.
Objection to the application for condonation of delay has
already been filed by the respondents.
Two weeks’ time, as prayed, is allowed to the applicant to
file replication.
List this case for orders on 21.11.2017.
(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. 836 of 2017 In re: O.A. No. Nil of 2017
Ganga 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
30.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri D.S. Kauntae, Ld. Counsel for the applicant
and Mrs Appoli Srivastava, Ld. Counsel for the respondents,
assisted by Col Hemant Kakar, OIC Legal Cell.
Three weeks’ time, as prayed, is granted to the applicant to
file rejoinder affidavit.
List this case for hearing 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. 879 of 2017 In re: O.A. No. Nil of 2017
Surendra Singh & 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
30.10.2017 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 applicants
and Shri R.K.S. Chauhan, Ld. Counsel for the respondents,
assisted by Col Hemant Kakar, OIC Legal Cell.
Objection to the application for condonation of delay filed
by the respondents’ counsel Shri RKS Chauhan is taken on
record. The applicants shall have two weeks’ time to file
replication.
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. 70 of 2012 with M.A. No. 833 of 2017
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
30.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri D.S. Kauntae, Ld. Counsel for the applicant
and Shri Amit Sharma, Ld. Counsel for the respondents, assisted
by Col Hemant Kakar, OIC Legal Cell.
The respondents’ counsel does not press the application
for modification. It is accordingly rejected as not pressed.
List this case for hearing before the regular Bench dealing
with SCM matters 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. 994 of 2017 with M.A. No. 1227 of 2017 In re: O.A. No. Nil of 2017
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
30.10.2017 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 Bhanu Pratap Singh, Ld. Counsel for the respondents,
assisted by Col Hemant Kakar, OIC Legal Cell.
Two weeks’ time, as prayed, is granted applicant’s counsel
Shri R.chandra to file replication.
List this case for orders on 20.11.2017.
(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. 16 of 2017
Kulbhushan 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
30.10.2017 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 Col Hemant Kakar, OIC Legal Cell.
A week’s further time, as prayed, is granted to the
respondents to file counter affidavit. The applicant shall
thereafter have two weeks’ time to file rejoinder affidavit.
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. 368 of 2017
Dinesh 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
30.10.2017 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 Virendra Singh, Ld. Counsel for the respondents,
assisted by Col Hemant Kakar, OIC Legal Cell.
Two weeks’ further time, as prayed, is granted to the
respondents to file counter affidavit. The applicant shall
thereafter have two weeks’ time to file rejoinder affidavit.
List this case for hearing on 03.01.2018.
(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. 2239 of 2016 with M.A. No. 2240 of 2016 In re O.A. (A) No. 03 of 2013
Shyambir 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
30.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri D.S. Kauntae, Ld. Counsel for the applicant
and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Col Hemant Kakar, OIC Legal Cell.
List this case for hearing on 15.01.2018 before the regular
Bench dealing with SCM matters in terms of earlier orders.
(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. 494 of 2017 in re T.A. No. 82 of 2012
Mahavir Singh Rawat 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
30.10.2017 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 Shri R.K.S. Chauhan, Ld. Counsel for the
respondents, assisted by Col Hemant Kakar, OIC Legal Cell.
List this case for hearing on 06.11.2017 before the regular
Bench dealing with SCM matters in terms of earlier orders. 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
O.A. No. 213 of 2014
Veer 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
30.10.2017 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 Shyam Singh, Ld. Counsel for the
respondents, assisted by Col Hemant Kakar, OIC Legal Cell.
Learned counsel for the applicant is not prepared with the
brief and seeks time.
List this case for hearing on 06.11.2017, as prayed.
(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. 214 of 2014 with M.A. No. 55 of 2017
Chunni Lal 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
30.10.2017 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 Ms Anju Singh, Ld. Counsel for the respondents,
assisted by Col Hemant Kakar, OIC Legal Cell.
Learned counsel for the applicant is not prepared with the
brief and seeks time.
List this case for hearing on 06.11.2017, as prayed.
(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
OA No 215 of 2014 with M.A. No. 210 of 2017
Rameshwar Dyal 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
30.10.2017 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 Ms Deepti Prasad Bajpai Ld. Counsel for the
respondents, assisted by Col Hemant Kakar, OIC Legal Cell.
Learned counsel for the applicant is not prepared with the
brief and seeks time.
List this case for hearing on 06.11.2017, as prayed.
(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. 463 of 2014 with M.A. No. 1656 of 2017 In re: O.A. No. Nil of 2017
Govind Singh Rautela 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
27.10.2017 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 Dr. C.N. Singh, Ld. Counsel for the respondents, assisted by
Maj Salen Xaxa, OIC Legal Cell.
Counter affidavit has already been filed. The applicant
may file rejoinder affidavit within two weeks.
List this case for orders on 24.11.2017.
(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. 1916 of 2015
Bal Krishan Tripathi Applicant By Legal Practitioner for the Applicant
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
27.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Ms Anju Singh, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Counsel for the applicant is reported to be out of station.
List this case for orders on 21.12.2017.
(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
M.A No. 136 of 2016 with M.A. No. 142 of 2016
Ram Nath Singh Rathore 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
27.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Namit Sharma, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
The case was taken up in the revised list.
None appears for the applicant.
Dismissed for non-prosecution.
(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. 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
27.10.2017 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.
Two weeks’ time, as prayed, is granted to the applicant to
file replication.
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
M.A No. 583 of 2017 with M.A. No. 1223 of 2017 In re: O.A. No. Nil of 2017
Nandji 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
27.10.2017 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 Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
One week’s time, as prayed, is granted to the applicant to
file replication.
List this case for orders on 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. 587 of 2017 In re: O.A. No. Nil of 2017
Radhe 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
27.10.2017 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 Kaushik Chatterjee, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Two weeks’ time, as prayed, is granted to the applicant to
file replication.
List this case for orders on 22.11.2017.
(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. 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
27.10.2017 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.
Two weeks’ time, as prayed, is granted to the applicant to
file replication.
List this case for orders on 27.11.2017.
(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. 1074 of 2017 with M.A. No. 1585 of 2017 & M.A. No.
1316 of 2017 In re O.A. No. Nil of 2017
Smt Ganeshi 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
27.10.2017 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.
Two weeks’ further time, as prayed, is granted to the
respondents to file counter affidavit. The applicant shall
thereafter have one week’s time to file rejoinder affidavit.
List this case for orders on 12.12.2017.
(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
M.A. No. 1215 of 2017 In re O.A. No. Nil of 2017
Smt Maya 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
27.10.2017 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 Siddharth Dhaon, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Objection filed by the respondents is taken on record. Two
weeks’ time, as prayed, is granted to the applicant to file
replication.
List this case for orders on 06.12.2017.
(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. 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
27.10.2017 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 Ms Deepti P. Bajpai, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Two weeks’ further time, as prayed, is granted to the
applicant to file rejoinder affidavit.
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. 86 of 2017
Awadhesh 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
27.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Arun Kumar, 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 was taken up in the revised list.
None appears for the applicant.
Dismissed for non-prosecution.
(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. 145 of 2013 with 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
27.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present Shri Namit Sharma, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
The applicant’s counsel is reported to be out of station.
Supplementary counter affidavit filed by the respondents’
counsel is taken on record. The applicant may file supplementary
rejoinder affidavit within two weeks.
List this case for hearing on 13.11.2017. The respondents
shall produce the record on the date fixed.
(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. 174 of 2015
Jageshwar 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
27.10.2017 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 V.P. Pandey, Ld. Counsel for the applicant is not
attending the Tribunal today.
List this case for hearing on 21.11.2017.
(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. 293 of 2015
Dinesh Kumar Mishra Applicant By Legal Practitioner for the Applicant
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
27.10.2017 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 P.N. Chaturvedi Ld. Counsel for the applicant is
suffering from illness.
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. 298 of 2016
Nagendra Singh Mamik 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
27.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Brig Anil Srivastava (Retd), Ld. Counsel for the
applicant and Shri R.C. Shukla, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Right from 27.01.2017, this matter is being posted for hearing.
On 16.09.2017, when the respondents failed to produce the record,
adjournment was sought and it was granted subject to payment of
costs of Rs.10,000/-, which was deposited. Today again, the
respondents’ counsel seeks further time to produce the record. This
indicates slackness on the part of the respondents to produce the
record.
Subject to payment of costs of Rs.15,000/-, the respondents
are granted three weeks’ further time to produce the record. Costs so
deposited shall be release in favour of the applicant by the Registry
through cheque.
List this case for hearing on 06.12.2017. If the record is not
available, the respondents shall bring on record the status of the
same on the date fixed.
(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. 322 of 2016 with M.A. No. 1719 of 2017
M.A. No. 1611 of 2017, M.A. No. 1612 of 2017 M.A. No. 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
27.10.2017 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.
Counter affidavit filed by the respondents is taken on
record.
The applicant may file rejoinder affidavit within a week.
The applicant for impleadment is allowed. The applicant is
permitted to carry out the amendment and implead the
authorities against whom he has preferred the contempt petition.
The supplementary affidavit filed by the applicant is also
taken on record. The respondents may file reply to it within a
week.
In spite of the order dated 03.10.2017, neither the
compliance report has been submitted nor the Head of the
Department dealing with pension matters is present in person to
assist the tribunal as directed. Dr. Shailendra Sharma Atal,
learned counsel for the respondents informs that the said order
was communicated to the office of PCDA (P), Allahabad. We
accordingly issue bailable warrant against Shri Subhash Kumar,
IDAS, Dy Controller (P), PCDA, Allahabad through Chief Judicial
Magistrate, Allahabad to appear before this Court on the next
date fixed. The Senior Superintendent of Police, Allahabad is
directed to serve the bailable warrant on the aforesaid officer.
At this juncture, Dr. Shailendra Sharma Atal, learned
counsel for the respondents gives an undertaking that the
aforesaid officer shall appear in person in terms of the earlier
order on 30.10.2017. Hence, issuance of bailable warrant shall
remain in abeyance till the said date.
List this case for orders on 30.10.2017.
(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. 78 of 2017 with M.A. No. 1351 of 2017
Maj K Venkateswara 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
27.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Devansh Bhardwaj, Ld. Counsel for the
applicant and Shri D.K. Pandey, 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’ time to file rejoinder affidavit.
List this case for hearing on 07.12.2017.
(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. 299 of 2017
Rajesh Kumar Awasthi 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
27.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Namit Sharma, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Shri P.N. Chaturvedi, Ld. Counsel for the applicant is
suffering from illness.
List this case for hearing on 12.12.2017.
(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. 67 of 2011
Rameshwar 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
27.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Rajeev Srivastava, Ld. Counsel for the
petitioner and Shri Rajiv Pandey, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed, list this case for hearing on 30.10.2017.
(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. 76 of 2016
Girish Dhar Dwivedi 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
27.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Asheesh Agnihotri, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Shri Rohit Kumar, Ld. Counsel for the petitioner is reported
to be out of station.
List this case for hearing on 13.12.2017.
(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. 84 of 2016
Devendra Singh Kushwaha 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
27.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Nishant Verma, Ld. Counsel for the
petitioner and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Two weeks’ time, as prayed, is granted to the respondents
to file objection against the amendment application. The
petitioner shall thereafter have two weeks’ time to file reply.
List this case for hearing on 20.12.2017.
(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. 33 of 2017
Jeewan 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
27.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Ashish Kumar Singh, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Shri V.A.Singh, Advocate files memo of appearance on
behalf of the petitioner. The same is taken on record. When the
case is next listed, his name be shown as counsel for the
petitioner.
List this case for hearing 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. 34 of 2017
Suraj 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
27.10.2017 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.
Shri V.A.Singh, Advocate files memo of appearance on
behalf of the petitioner. The same is taken on record. When the
case is next listed, his name be shown as counsel for the
petitioner.
List this case for hearing 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
M.A. No. 1802 of 2017 In re: O.A. No. Nil of 2017
Ashok 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
27.10.2017 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 Yogesh
Kesarwani as counsel for the respondents is taken on record. Let
his name be shown when the case is next listed.
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.
Learned counsel for the respondents prays for and is
granted four weeks’ time to file objection vis a vis the Application
for condonation of delay. Replication, if any, may be filed within
two weeks next thereafter.
List this case on 09.01.2018 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. 1803 of 2017 In re: O.A. No. Nil of 2017
Prakash Alias 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
27.10.2017 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 Sunil Sharma, Ld. Counsel for the Respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Shri Sunil Sharma appeared and argued the case but no
memo of appearance has been filed.
A preliminary objection has been raised to the effect that
the O.A is not maintainable as the relief claimed is for providing
service details of the deceased, a member of the Indian Army,
who happens to be the father of the Applicant. The objection
raised, in our considered view, seems to be misconceived for the
reasons that under section 3 (o) of the Armed Forces Tribunal
Act, 2007, the expression used is “any other matter whatsoever”.
Hence all matters relating to service of deceased, a serving army
personnel falls within the jurisdiction of Armed Forces Tribunal.
In case, the member of the Armed forces dies, his legal heir and
successor has right to approach the Tribunal for claiming the
benefits available to the dependents of armed Forces personnel.
The Tribunal has ample power to issue direction to provide
necessary details so that the dependent of deceased Army
personnel may approach the appropriate forum to ventilate his
grievance.
A Division Bench of High Court at Lucknow of which one of
us was a member, had dwelt upon the interpretation of the
expression “for any other purpose” vide order dated 20.02.2014
rendered in writ petition No 8051 of 1989 Major Kunwar
Ambreshwar Singh vs Union of India and others.
In view of the above, the preliminary objection raised by
the learned counsel for the respondents lacks merit and is
rejected.
Learned counsel for the respondents prays for and is
granted four weeks’ time to file objection. Replication if any, may
be filed within two weeks next thereafter.
List this case for admission on 11.01.2018.
(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
M.A. No. 1809 of 2017 In re: O.A. No. Nil of 2017
Raj 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
27.10.2017 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 Prasad Bajpai, Ld. Counsel for the
Respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Though Ms Deepti Prasad Bajpai appeared as counsel for
the respondents but no memo of appearance has been filed on
her behalf.
Learned counsel for the respondents prays for and is
granted three weeks’ time to file objection vis a vis the
Application for condonation of delay. Replication, if any, may be
filed within one week next thereafter.
List this case on 11.01.2018 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. 1811 of 2017 In re: O.A. No. Nil of 2017
Jawahar 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
27.10.2017 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 when the case is next listed.
Present: Shri Parijaat Belaura, Ld. Counsel for the
applicant and Shri Anurag Mishra, 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 vis a vis the
Application for condonation of delay. Replication, if any, may be
filed within one week next thereafter.
List this case on 14.11.2017 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
O.A. No. 471 of 2017 Chet 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
27.10.2017 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
Narayan Pandey, as counsel for the respondents is taken on
record. Let his name be shown when the case is next listed
Present: Shri Yash Pal Singh, Ld. Counsel for the applicant
and Dr. Shesh Narayan Pandey, Ld. Counsel for the
Respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Learned counsel for the respondents prays for and is
granted four weeks’ time to file objection vis a vis the Application
for condonation of delay. Replication, if any, may be filed within
one week next thereafter.
List this case on 08.01.2018 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. 176 of 2017 In re: T.A. No. 211 of 2009 Liladhar 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
27.10.2017 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
petitioner and Shri Amit Sharma, Ld. Counsel for the
Respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
This execution application has been files seeking
implementation of the order of the Tribunal dated 26.04.2017.
Learned counsel for the respondents prays for four weeks’
time.
List this case on 05.12.2017 for orders. In the meanwhile,
the respondents be called upon to show cause why the order of
the Tribunal dated 26.04.2017 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
EX-A. No. 177 of 2017 In re: T.A. No. 579 of 2010 Harish 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
27.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Mohd Shariq Khan, Ld. Counsel for the
petitioner and Dr Shailendra Sharma Atal, Ld. Counsel for the
Respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Learned counsel for the respondents has informed the
Court that Govt sanction has been accorded on 10.10.2017 and
only PPO remains to be issued.
Four weeks’ time is granted for showing cause why the
order of the Tribunal dated 31.01.2017 has not yet been
complied with.
List this case on 04.12.2017 for orders on which date
learned counsel for the respondents shall submit compliance
report.
(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. 178 of 2017 In re: O.A. No. 138 of 2010 Lal Chandra Dubey 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
27.10.2017 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 Dr Shailendra Sharma Atal, Ld. Counsel for
the Respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Present Execution Application has been filed seeking
implementation of the order of the Tribunal dated 29.03.2017.
Let show cause notice be issued to the respondents to
show cause why the order of the Tribunal dated 29.03.2017 has
not yet been complied with.
List this case on 05.12.2017 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. 179 of 2017 In re: O.A. No. 43 of 2016 Narendra 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
27.10.2017 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 Rajiv
Pandey, as counsel for the respondents is taken on record. Let
his name be shown when the case is next listed.
Present : Col A.K. Srivastava (Retd), Ld. Counsel for the
applicant and Shri Rajiv Pandey, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Let show cause notice be issued to the respondents to
show cause why the order of the Tribunal dated 13.04.2017 has
not yet been complied with.
List this case on 05.12.2017 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. 1195 of 2017 In re: O.A. No. Nil of 2017 Surendra Singh Applicant By Legal Practitioner for the Applicant
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
27.10.2017 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 Ms Appoli Srivastava, Ld. Counsel for the Respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Objection filed today in court is taken on record. Let
replication, if any, may be filed within two weeks.
List this case on 08.12.2017 for admission/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. 1804 of 2017 In re: M.A. No. 1614 of 2017
Keshav Kumar Dubey Applicant By Legal Practitioner for the Applicant
Versus
Kapil Dev Mishra Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
27.10.2017 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 when the case is next listed.
Present : None 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 Applicant is reported to be out of
station.
List this case on 09.11.2017 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. 1805 of 2017 with M.A. No. 1806 of 2017, In re: O.A. No. 125 of 2013
Union of India & Others Applicants - respondent By Legal Practitioner for the Applicants - respondent
Versus
Abhishesk Pandey Respondent - applicant By Legal Practitioner for Respondent- applicant
Notes of the Registry
Orders of the Tribunal
27.10.2017 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 applicant
assisted by Maj Salen Xaxa, OIC Legal Cell.
M.A. No. 1805 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. 1806 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
T.A. No. 5 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
27.10.2017 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 Mohd
Zafar Khan, as counsel for the respondents is taken on record.
Let his name be shown when the case is next listed
Present: None for the petitioner and Shri Mohd Zafar Khan,
Ld. Counsel for the Respondents, assisted by Wg Cdr Sardul
Singh, OIC Legal Cell.
Present T.A. has been received by transfer from High
Court Allahabad.
Let notice be issued to the petitioner returnable by
December 2017 attended with the direction that he may engage
a counsel or make some alternative arrangement for his
representation in the Tribunal.
List this case on 23.11.2017 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
EX-A. No. 5 of 2017 In re: O.A. No. 134 of 2015
Rajeev Moitra 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
27.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Jai Narain Mishra, Ld. Counsel for the
applicant and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Wg Cdr Sardul Singh, OIC Legal Cell.
It is submitted across the bar that the case be adjourned
awaiting the status report in pending appeal in the Hon’ble Apex
Court.
In view of the above, the case is adjourned and is directed
to be listed on 16.02.2018 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
EX-A. No. 37 of 2017 In re: O.A. No. 196 of 2015
Smt Sangeeta 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
27.10.2017 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.
A statement has been made across the bar by learned
counsel for the respondents that the order of the Tribunal has
been fully complied with inasmuch as PPO has been issued on
04.08.2017 with direction to the Bank concerned to credit the
amount to the account of the learned counsel for the Applicant
expeditiously.
The Bank concerned is directed to do the needful within
one month in terms of the PPO issued on 04.08.2017.
The cost has already been deposited. The office is directed
to release the cost in favour of the Applicant through cheque
forthwith.
The Ex Application shall stand disposed of in terms of the
above.
(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
27.10.2017 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.
It is informed that the required document has been
submitted only on 23.10.2017. Accordingly four weeks’ further
time is allowed to submit compliance report on the date fixed.
Before the order could be signed, a request has been
made to list the matter for hearing again on 30.10.2017.
In view of the above, the case is directed to be listed for
hearing again on 30.10.2017.
(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
EX-A No. 106 of 2017 In re T.A. No. 77 of 2013 Jainendra 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
27.10.2017 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 petitioner
and Shri G.S. Sikarwar, Ld. Counsel for the Respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
It is submitted across the bar that the requisite documents
have been submitted to the record office on 23.10.2017 and
therefore, learned counsel for the respondents seeks further time
to comply with the order of the Tribunal dated 27.01.2017.
On 26.09.2017, we had passed a stop order to submit
compliance report within four weeks. Now since the Applicant
was himself at fault in furnishing the requisite document
belatedly, we direct four weeks’ further time to submit
compliance report.
List this case on 08.12.2017 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. 129 of 2017 with M.A. No. 1772 of 2017 In re: O.A. No. 113 of 2016
Surya Kumar Applicant By Legal Practitioner for the Applicant
Versus
AGs (Recruitment) IHQ of MoD Army Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
27.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri T.B. Srivastava Ld. Counsel for the applicant
and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
It is informed that the order of dismissal has been
communicated in compliance of the order of the Tribunal. We
have already given opportunity to the Applicant to approach the
appropriate forum.
Accordingly, the Ex Application is disposed of with liberty
to the Applicant to approach the appropriate forum against the
impugned order of dismissal.
(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. 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
27.10.2017 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.
This Ex Application has been filed seeking implementation
of the order of the Tribunal dated 18.01.2017.
Learned counsel for the respondents seeks further time to
comply with the order of the Tribunal.
As prayed three weeks’ further time is granted to show
cause why the order of the Tribunal has not been complied with.
List this case on 27.11.2017 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
EX.A No. 153 of 2017 In re: T.A. No. 74 of 2013
Indra Dev Singh Yadav 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
27.10.2017 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
petitioner and Shri Rajiv Pandey, Ld. Counsel for the
respondents, assisted by Wg Cdr Sardul Singh, OIC Legal Cell.
Compliance report in the form of affidavit has been filed by
the learned counsel for the respondents which is taken on
record.
Since order of the Tribunal has been complied with, the Ex
Application is rendered infructuous.
Accordingly, Ex Application is dismissed as infructuous.
(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. 155 of 2017 In re T.A. No. 1288 of 2010 Chandra Bhushan Yadav 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
27.10.2017 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 petitioner
and Shri Mohd Zafar Khan, Ld. Counsel for the Respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
This Ex Application has been filed seeking implementation
of the order of the Tribunal dated 18.04.2017.
Learned counsel for the respondents seeks further time to
comply with the order.
As prayed, four weeks’ further time is granted to show
cause why the order of the Tribunal has not been complied with.
List this case on 11.12.2017 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.138 of 2016 with M.A. No. 2500 of 2016
VK Prajapati & Ors 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
26.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Rajeev Srivastava, Ld. Counsel for the
applicants and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Wg Cdr Sardul Singh, OIC Legal Cell.
Rejoinder affidavit filed by the applicant is taken on record.
List this case for hearing on 08.12.2017.
(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. 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
26.10.2017 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.
As prayed, two weeks’ further time is granted to the
applicant to file rejoinder affidavit.
List this case for hearing on 29.11.2017.
(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. A No. 321 of 2016
KK 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
26.10.2017 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 Asheesh Agnihotri, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed, two weeks’ further time is granted to the
applicant to file rejoinder affidavit.
List this case for hearing on 15.12.2017.
(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. A No. 1 of 2017
Jay 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
26.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Namit Sharma, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
None appears for the applicant.
List this case for hearing on 03.11.2017 to enable the
respondents’ counsel to produce the record.
(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. A No. 109 of 2017
Ram Deo 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
26.10.2017 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. S.N. Pandey, Ld. Counsel for the respondents, assisted
by Maj Salen Xaxa, OIC Legal Cell.
As prayed, four weeks’ further time is granted to the
respondents to file counter affidavit. The applicant shall
thereafter have two weeks’ time to file rejoinder affidavit.
List this case for hearing on 09.01.2018.
(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. A No. 295 of 2017
Abhay 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
26.10.2017 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 Namit Sharma, Ld. Counsel for the respondents,
assisted by Wg Cdr Sardul Singh, OIC Legal Cell.
As prayed, four weeks’ further time is granted to the
respondents to file counter affidavit. The applicant shall
thereafter have two weeks’ time to file rejoinder affidavit.
List this case for hearing on 12.01.2018.
(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. A No. 753 of 2010 Along with O.A. No. 248 of 2011
KP Mishra Petitioner By Legal Practitioner for the Petitioner
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
26.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri D.K. Pandey, Ld. Counsel for the
respondents, assisted by Wg Cdr Sardul Singh, OIC Legal Cell.
Shri S.K. Pandey, Ld. Counsel for the petitioner is reported
to e out of station.
List this case for hearing on 30.10.2017, as prayed.
(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. A No. 30 of 2012 with M.A. No. 779 of 2017
VS Malik 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
26.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Maj Salen Xaxa, OIC Legal Cell for the
respondents.
None appears for the petitioner.
As prayed by OIC Legal Cell, list this case for hearing on
31.10.2017.
(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. 1790 of 2017 In re : O.A. No. Nil of 2017
PN 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
26.10.2017 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 in the cause list when the case is next
listed.
Present : Shri B.P. Dubey, 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 respondents prays for and is
granted four weeks’ time to file objection. Replication, if any, may
be filed within two weeks next thereafter.
List this case on 03.01.2018 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. 1791 of 2017 In re: O.A. No. Nil of 2017
Awanish 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
26.10.2017 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 in the cause list when the case is next listed.
Present: Shri Yash Pal Singh, 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 and is
granted four weeks’ time to file objection. Replication, if any, may
be filed within two weeks 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
EX-A. No. 174 of 2017 In re: Dy No. 2004 of 2016
Prashotam 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
26.10.2017 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 Maj Salen Xaxa, OIC Legal Cell.
OIC Legal Cell has made a statement across the bar that a
speaking and reasoned order has been passed in compliance of
the order of the Tribunal vide order dated 09.05.2017 a copy of
which shall be provided to the learned counsel for the Applicant
in the course of day today.
In view of the above, the Ex. Application is rendered
infructuous and is accordingly dismissed as having become
infructuous.
(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. 1197 of 2017 with M.A. No. 1783 of 2017
In re: O.A. No. Nil of 2017 Rajesh 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
26.10.2017 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 Ms Anju Singh Ld. Counsel for the Respondents, assisted
by Maj Salen Xaxa, OIC Legal Cell.
It is stated that objection has already been filed and the
same is available on record.
Let replication, if any, may be filed within two weeks.
List this case on 12.12.2017 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. 1334 of 2017 In re: O.A. No. Nil of 2017 Durga Shanker 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
26.10.2017 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 A.N. Tripathi, Ld. Counsel for the
Respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Learned counsel for the respondents prays for and is
granted two weeks’ time to file objection. He may also file
counter affidavit within the aforesaid period. Replication, if any,
may be filed within one week next thereafter.
List this case on 16.11.2017 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. 1335 of 2017 In re: O.A. No. Nil of 2017 Ram Awadh 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
26.10.2017 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 Ms Appoli Shrivastava, Ld. Counsel for the
Respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Learned counsel for the respondents prays for and is
granted two weeks’ time to file objection. Replication, if any, may
be filed within one week next thereafter. Learned counsel for the
respondents may also file counter affidavit within the aforesaid
period.
List this case on 16.11.2017 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. 1337 of 2017 In re: O.A. No. Nil of 2017 Devi Saran 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
26.10.2017 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 Adesh Kumar Gupta, Ld. Counsel for the Respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
A week’s time is allowed to file objection. Replication, if
any, may be filed within one week thereafter.
List this case on 16.11.2017 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. 1343 of 2017 In re: O.A. No. Nil of 2017 Sukhvir 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
26.10.2017 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 Dr. Shailendra Sharma Atal, Ld. Counsel for the
Respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Learned counsel for the respondents prays for and is
granted to file objection to the Application for condonation of
delay. He may also file counter affidavit within the aforesaid
period. Replication, if any, may be filed within one week
thereafter.
List this case on 14.11.2017 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. 1774 of 2017 with M.A. No. 1775 of 2017 In re: O.A. No. 157 of 2017
Union of India & Others Applicants- respondent By Legal Practitioner for the Applicants - respondent
Versus
Jevanand Respondents- applicant By Legal Practitioner for Respondent- applicant
Notes of the Registry
Orders of the Tribunal
26.10.2017 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 applicants-
respondent and assisted by Maj Salen Xaxa, OIC Legal Cell.
M.A. No. 1774 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. 1775 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. 1781 of 2017 with M.A. No. 1782 of 2017 In re: O.A. No. 172 of 2017
Sahendra 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
26.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Brahm Deo Mishra, Ld. Counsel for the
applicant and Shri R.C.Shukla, Ld. Counsel for the Respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
M.A. No. 1781 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. 1782 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. 1784 of 2017 with M.A. No. 1785 of 2017
In re: T.A. No. 172 of 2010
Union of India &Others Applicants - Respondent By Legal Practitioner for the Applicants - Respondent
Versus
Kapil Dev Mishra Respondent-petitioners By Legal Practitioner for Respondent - petitioners
Notes of the Registry
Orders of the Tribunal
26.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Ms. Anju Singh, Ld. Counsel for the Applicants -
respondent assisted by Maj Salen Xaxa, OIC Legal Cell.
M.A. No. 1784 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. 1785 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. 1792 of 2017 with M.A. No. 1793 of 2017 In re: T.A. No. 1103 of 2010
RN Mishra Petitioner By Legal Practitioner for the Petitioner
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
26.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Bhasker Prasad Dubey, Ld. Counsel for the applicant
and Shri Ld. Counsel for the Respondents, assisted by Wg Cdr Sardul
Singh, OIC Legal Cell.
M.A. No 1792 of 2017
Heard.
Learned counsel for the Applicant has explained the delay.
Application is allowed.
M.A. No 1793 of 2017
This is an Application for recall of the order dated 21.09.2017
whereby O.A was dismissed for default.
We have heard learned counsel for the parties.
The learned counsel for the Applicant has explained his absence on
the day. The explanation offered is convincing.
In this view of the matter, Application is allowed and the order dated
21.09.2017 is recalled of course subject to payment of cost which we
quantify at Rs 300/-. The cost shall be deposited within a week. On deposit,
the said amount shall be remitted to the account of local Bar Association for
being utilised for upgradation of its library.
List this case for admission on 06.11.2017.
(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
M.A No. 1794 of 2017 with M.A. No. 1795 of 2017 In re: T.A. No. 1065 of 2010
RN Mishra Petitioner By Legal Practitioner for the Petitioner
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
26.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Bhasker Prasad Dubey, Ld. Counsel for the applicant
and Dr. Shailendra Sharma Atal, Ld. Counsel for the Respondents, assisted
by Wg Cdr Sardul Singh-, OIC Legal Cell.
M.A.No 1794 of 2017.
Heard. Learned counsel for the Applicant has explained the delay.
Application for condonation of delay is allowed.
M.A. No 1795 of 2017
This is an Application for recall of the order dated 21.09.2017
whereby O.A was dismissed for default.
We have heard learned counsel for the parties.
The learned counsel for the Applicant has explained his absence on
the day. The explanation offered is convincing.
In this view of the matter, Application is allowed and the order dated
21.09.2017 is recalled of course subject to payment of cost which we
quantify at Rs 300/-. The cost shall be deposited within a week. On deposit,
the said amount shall be remitted to the account of local Bar Association for
being utilised for upgradation of its library.
List this case for admission on 06.11.2017.
(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. 29 of 2016
Surendra Singh Yadav 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
26.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present None for the Petitioner and Dr. Chet Narain Singh,
Ld. Counsel for the respondents, assisted by Maj Salen Xaxa,
OIC Legal Cell.
It is stated by learned counsel for the respondents that the
T.A has been received by transfer and notice has to be issued to
the petitioner for its appearance.
Let notice be issued to the petitioner calling upon him to
engage counsel or to make alternative arrangement for his
representation in the Court. Let the petitioner be also asked to
furnish Bench copy of the petition with accompanying annexures.
List this case on 01.12.2017 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
T.A. No. 49 of 2017
Ghanshyam 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
26.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : None for the petitioner and Shri Yogesh
Kesarwani, Ld. Counsel for the respondents, assisted by Maj
Salen Xaxa, OIC Legal Cell.
It is stated by learned counsel for the respondents that the
T.A has been received by transfer and notice has to be issued to
the petitioner for its appearance.
Let notice be issued to the petitioner calling upon him to
engage counsel or to make alternative arrangement for his
representation in the Court. Let the petitioner be also asked to
furnish Bench copy of the petition with accompanying annexures.
List this case on 04.12.2017 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
D.Y. No. 2769 of 2016 with M.A. No. 1637 of 2017 In re: O.A. No. 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
26.10.2017 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.
Learned counsel for the Applicant prays for and is granted
two weeks’ time to file reply to the objection.
List this case for admission 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
EX.A No. 103 of 2017 In re: O.A. No. 283 of 2014
Bramhanand 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
26.10.2017 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 Deepti P. Bajpai, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Learned counsel for the respondents submits that the
entire amount in observance of the order of the Tribunal has not
been credited to Applicant’s account. However, he explained that
it was on account of festival that he has not received the
complete information why the order of the Tribunal has not been
complied with in entirety.
As prayed, the case is ordered to be listed on 02.11.2017
in order to enable learned counsel for the respondents to submit
compliance report in terms of the order of the Tribunal dated
12.10.2017.
It has been brought to our notice that the cost has also not
been deposited as yet.
Let the order be complied with in entirety by the next date
fixed. It is clarified that in case order is not complied with in
totality, the respondents shall deposit the cost in terms of the
earlier order.
It is further clarified that the cost of Rs 10,000/- earlier
deposited in the case shall be released in favour of the Applicant
through cheque by the Registry of the Tribunal.
(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
26.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Col R.N. Singh (Retd), Ld. Counsel for the
applicant and Shri Asheesh Agnihotri, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
It is brought to our notice that the Govt sanction has
already been accorded and only PPO remains to be issued.
In connection with the above, learned counsel for the
respondents prays for four weeks’ time.
As prayed, four weeks’ time is allowed to submit
compliance report alongwith copy of the PPO which may be sent
to the Bank concerned.
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
Ex.A No. 122 of 2017 In re: O.A. No. 333 of 2012 With In re Ex-A No. 92 of 2013
Ram Asre 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
26.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri S.B. Tiwari, Ld. Counsel for the applicant
and Shri Sunil Sharma, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Affidavit filed today is taken on order.
It is conceded by learned counsel for the respondents that
the order of the Tribunal has not been complied with as yet.
Learned counsel for the respondents is directed to pinpoint
the names of the officers who have failed to comply with the
order of the Tribunal by the next date fixed.
List this case on 06.11.2017 for orders.
The cost imposed by means of order dated 13.09.2017 has
not yet been deposited. Let the cost be deposited within a week
which shall be released in favour of the Applicant through
cheque by the Registry.
(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. 132 of 2017 In re: T.A. No. 36 of 2012
Smt Haruli 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
26.10.2017 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 petitioner
and Ms Deepti P. Bajpai, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
The order of the Tribunal, it is conceded, has not yet been
complied with in entirety.
List this case after a month on 04.12.2017 for orders in
order to enable learned counsel for the respondents to produce
compliance report and the decision taken in pursuance of the
order of the Tribunal dated 09.08.2017.
(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
EX.A No. 134 of 2017 In re: O.A. No. 345 of 2015
Nihal 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
26.10.2017 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 Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
It is submitted that the sanction has already been accorded
by the Govt but the PPO still remains to be issued.
As prayed, list this case after a month for orders on
04.12.2017 in order to enable the learned counsel for the
respondents to ensure that the PPO is issued to the Bank
concerned by the date fixed. A copy of the PPO shall be
produced in Court 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
EX.A No. 135 of 2017 In re: O.A. No. 181 of 2010
Inder Jeet Pathak 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
26.10.2017 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 Rajiv Pandey, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Ex. A No 135 of 2017
It is stated across the bar that speaking order dated
01.05.2017 has been passed in compliance of the order of the
Tribunal. The learned counsel for the respondents undertakes to
supply copy of the order to the learned counsel for the Applicant.
In view of the above, the Ex Application is rendered
infructuous and is accordingly dismissed as infructuous.
(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. 143 of 2017 In re: O.A. No. 166 of 2017
Smt Neelam 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
26.10.2017 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 Ms Anju Singh, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed by learned counsel for the respondents, two
weeks’ further time is allowed to submit compliance report.
List this case on 17.11.2017 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. 1735 of 2016 with M.A. No. 1596 of 2017 In re: O.A. No. Nil of 2016
Uma Kant 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
26.10.2017 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 learned counsel for the Applicant, one week’s
time is granted to file reply to the objection.
List this case on 13.11.2017 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. 1892 of 2016 with M.A. No. 2407 of 2016 In re: O.A. No. Nil of 2016
Smt Kamla 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
26.10.2017 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 Ambrish
Dubey as counsel for respondent no 3 is taken on record. Let his
name be shown when the case is next listed.
Present : Shri V.A. Singh, Ld. Counsel for the applicant
and Shri Md Zafar Khan, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Learned counsel for the respondent no 3 may file objection
within two weeks.
List this case on 24.11.2017 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. 2540 of 2016 with M.A. No. 1496 of 2017 & M.A. No. 1102 of 2017 In re: O.A. No. Nil of 2016
Pushpa Devi Pandey Applicant By Legal Practitioner for the Applicant
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
26.10.2017 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 Kumar Singh, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
As prayed, two weeks’ time is allowed to file response to
the affidavit filed by the Applicant.
List this case on 22.11.2017 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. 2758 of 2016 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
26.10.2017 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.
As prayed two weeks’ time is allowed to file reply to the
objection.
List this case on 23.11.2017 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. 208 of 2017 In re: O.A. No. 357 of 2015
LN Rathore 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
26.10.2017 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 Rajiv Pandey, Ld. Counsel for the respondents.
As prayed, list this case on 30.10.2017 for hearing.
Learned counsel for the respondents shall produce 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. 1204 of 2017 with M.A. No. 1435 of 2017
In re O.A. No. Nil of 2017
Jogendra 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
26.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present :None for the applicant, Dr. Chet Narain Singh, Ld.
Counsel for the respondents, assisted by Wg Cdr Sardul Singh,
OIC Legal Cell and Shri S.B.Pathak, Learned counsel for the
respondent Bank arrayed as respondent no 5.
It is mentioned that learned counsel for the Applicant has
not attended the court on account of being ill.
As agreed by both the learned counsel aforesaid, list this
case on 17.11.2017 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. 1219 of 2017 In re O.A. No. Nil of 2017
Ram 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
26.10.2017 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 Ashish Kumar Singh, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Reply filed by the learned counsel for the Applicant is taken
on record.
The controversy in the instant case pertains to grant of
disability pension. The disability pension being a recurring cause
of action, the Application is allowed and the delay is condoned.
Admit.
Let counter affidavit be filed within two weeks.
Rejoinder affidavit, if any, may be filed within two weeks
next thereafter.
List this case for hearing on 12.12.2017.
(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. 1232 of 2017 In re T.A. No. 69 of 2012
Diwan 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
26.10.2017 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 Shri Amit Jaiswal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Cost imposed by order dated 21.09.2017 has been
deposited.
List for hearing on 13.11.2017.
(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
M.A. No. 1234 of 2017 In re O.A. No. (A) 191 of 2014
Ravi Shankar 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
26.10.2017 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 Asheesh Agnihotri, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Cost imposed by order dated 21.09.2017 has been
deposited.
A week’s time is allowed to file rejoinder affidavit.
List for hearing on 13.11.2017.
(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
M.A. No. 1272 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
26.10.2017 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.
As prayed, a week’s time is allowed to file objection.
Replication, if any, may be filed within one week next thereafter.
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
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
26.10.2017 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 Maj Salen Xaxa, OIC Legal Cell for the respondents.
It is mentioned that counsel for the respondents has not
attended the court today.
Objection in terms of earlier order has not been filed as
yet.
In view of the above, the case is directed to be listed on
28.11.2017 for orders. In the meanwhile objection in terms of
earlier order 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. 325 of 2015
Rakesh Kumar Mishra Applicant By Legal Practitioner for the Applicant
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
26.10.2017 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 Shri D.K. Pandey, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Amended copy of the O.A filed by learned counsel for the
Applicant has been taken on record.
Learned counsel for the respondents prays for and is
granted two weeks’ time to file counter affidavit to the amended
O.A. Rejoinder affidavit if any, may be filed within two weeks
next thereafter.
List this case on 21.12.2017 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. 28 of 2017
Manoj 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
26.10.2017 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.
As prayed, two weeks’ further time is allowed to file counter
affidavit. Rejoinder affidavit, if any, may be filed within two weeks
next thereafter.
List this case on 14.12.2017 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. (A) No.105 of 2015
Trilok Dutt 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
26.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Nishant Verma, 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 by learned counsel for the respondents, the
case is directed to be listed on 20.11.2017 under the heading
“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
EX-A. A No.101 of 2015 In re Ex-A No. 40 of 2013
& O.A. No. 332 of 2012
Ram Sajiwan 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
26.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Shyam Bihari Tiwari, Ld. Counsel for the
applicant and Shri Namit Sharma, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
The crux of submission advanced across the bar is that the
order of the Tribunal dated 24.08.2012 has not been complied
with whereby it was directed that the respondents shall continue
to pay regular pension of Naib Subedar to the applicant in the
revised rate with effect from 01.01.2006. In so far as order
pertaining to payment of interest is concerned, it is submitted
that Hon Apex Court has already waived that part of the order
vide order dated 20.05.2015 passed in Civil Appeal No 4677 of
2014, a copy of which is taken on record.
By means of earlier order dated 12.10.2017, it was
directed that in case pension of the post of Naib Subedar is not
paid to the Applicant within two weeks from today, the Senior
Treasury Officer Sultanpur shall appear in person. The Senior
Treasury officer Sultanpur is present in person and produced
before us the corrigendum PPO. A perusal of the corrigendum
PPO shows that the PPO has been issued granting pension of
the rank of honorary Naib Subedar. The aforesaid PPO it would
appear has been issued in utter disobedience of the order of the
Tribunal. Thus it would appear that Senior Treasury officer was
not at fault. The operative portion of the order of the Tribunal is
quoted below.
“06. Considering the facts and circumstances of the
case the present 0riginal Application is allowed with
costs with the direction to the respondents to issue
corrigendum PPO and direct the concerned Bank for
payment of revised pension as per corrigendum PPO
with arrears and interest @ 8% per annum accrued
thereon to the applicant on account of revision of
pension and shall continue to pay regular pension of
Nb Sub to the applicant in the revised rate with effect
from 01.1.2006. It shall be done within a period of
two months from the date of production of a certified
copy of this order.”
In view of the above, at the face of the record, we veer
round to the view that a faulty PPO has been issued by the
respondents which enumerates payment of pension of the rank
of Honorary Naib Subedar. The respondents in compliance of
the order of the Tribunal ought to have paid the pension of the
post of Naib Subedar instead of Honorary Naib Subedar.
Thus, it is directed that a corrected PPO strictly
incompliance of the order of the Tribunal shall be issued to the
Senior Treasury officer Sultanpur forthwith who on receipt of
corrected PPO shall release the pension of the post of naib
Subedar to the Applicant within two weeks. Needless to say that
the entire process shall be completed within two weeks.
List the case immediately after two weeks on 14.11.2017
for hearing.
The appearance of Senior Treasury Officer Sultanpur shall
stand exempted till further orders by the 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.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
26.10.2017 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.
Objection filed by learned counsel for the respondents is
taken on record. Replication if any may be filed within two weeks
next thereafter.
List this case on 28.11.2017 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. 3 of 2016 with M.A. No. 1797 of 2017
Prakash Narain 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
26.10.2017 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present : Shri Abhishak Singh, Ld. Counsel for the
applicant and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
It would transpire that the Applicant has approached this
Tribunal after afflux of more than 25 years for the relief. Learned
counsel for the respondents submits that the Applicant having
retired in the year 1964, the service record is not available and
has already been weeded out.
Be that as it may, as prayed by learned counsel for the
Applicant, the case is ordered to be listed for hearing on
06.11.2017.
(Air Marshal BBP Sinha) (Justice D.P. Singh) Member (A) Member (J) MH