Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order...

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Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No.1 T.A. No. 91 of 2016 Nathi Ram Garg 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 20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A) Judgment pronounced. Transferred Application is dismissed. For orders, see our judgment and order of date passed on separate sheets. Misc Applications, pending if any, shall be treated to have been disposed of. (Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) anb/dds/-

Transcript of Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order...

Page 1: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

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

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

T.A. No. 91 of 2016

Nathi Ram Garg 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

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A) Judgment pronounced.

Transferred Application is dismissed.

For orders, see our judgment and order of date passed on separate

sheets.

Misc Applications, pending if any, shall be treated to have been

disposed of.

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

Page 2: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

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

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

O.A. No. 184 of 2018

Ex. Hav. Gauri Shankar 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

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Judgment pronounced.

Original Application is allowed.

For orders, see our judgment and order of date passed on separate

sheets.

Misc Applications, pending if any, shall be treated to have been

disposed of.

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

Page 3: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

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

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

O.A. No. 605 of 2018

Smt. Gulkandi Devi and Another 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

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Case called out.

Memo of appearance filed by Shri Shyam Singh, Advocate on

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

Counsel for the respondents when the case is listed next.

Present: Shri Shyam Singh, Ld. Counsel for the respondents.

None is present on behalf of the applicants.

In this Original Application the prayer of the applicant is to execute

the Judgment and Order dated 27.07.1998 passed by the Hon’ble High

Court of Judicature at Allahabad in Civil Misc. Writ Petition No. 10776 of

1989.

List this case on 01.02.2019 for hearing on the point whether the

execution for an order passed by the Hon’ble High Court is maintainable in

this Tribunal or not?

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

Page 4: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

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

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

M.A. No. 2028 of 2018 with R.A. No. 82 of 2018 Inre : O.A. No. 145 of 2013

Union of India & Others Applicants By Legal Practitioner for the Applicants

Versus Satendra Singh Pal Respondent By Legal Practitioner for Respondent

Notes of the Registry

Orders of the Tribunal

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Present: Shri Namit Sharma, Ld. Counsel for the review applicant

and Shri P.K. Shukla, Ld. Counsel for the review respondent.

It is submitted in the application for review that during the hearing

of the order under review an amendment application was allowed on

15.01.2018. Amendment was incorporated on the same day and on

19.01.2018 the judgment was passed and the respondents in that case

were not granted any opportunity of hearing.

As per office report there is delay of 09 months and 29 days in

filing of Review Application.

Since Shri P.K. Shukla, Ld. Counsel for the respondents in this

review application is present, hence, there is no need to issue notice to the

review respondent. He prays for time to file objection against the Review

Application.

List this case on 08.02.2019 for orders.

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

Page 5: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

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

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

M.A. No. 2030 of 2018 Inre : O.A. No. 315 of 2017

Ex. L. Nk. Ajay Pal Singh Applicant In Person.

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

Notes of the Registry

Orders of the Tribunal

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Case was called out.

Memo of appearance filed by Shri Sunil Sharma, Advocate on

behalf of the respondents is taken on record.

Present: The applicant in person and Shri Sunil Sharma, Ld.

Counsel for the respondents.

M.A. No. 2030 of 2018

In this application the applicant has made prayer to recall the order

dated 18.08.2017 which is a detailed order passed by this Tribunal on merit.

It transpires from the perusal of the record that the applicant has moved

Civil Appeal Diary No. 38990 of 2018 before the Hon’ble Apex Court

against the said order, but, subsequently the said Civil Appeal was

dismissed as withdrawn by the Hon’ble Apex Court vide order dated

13.11.2018. In spite of that order of the Hon’ble Apex Court the applicant

has mentioned in para 3 of his affidavit as under :-

“That the Hon’ble Supreme Court had directed verbally that the

order of OA No.315 of 2017 was required to be reviewed by the

Armed Forces Tribunal Bench Lucknow in the light of fresh facts of

the case and the verification report received by the District

Magistrate Mainpuri verifying that second marriage was not

solemnized by the individual. Moreover, the Supreme Court has

held that where the Special Tribunal or Authority Acts Ultra Vires

or illegally, the Civil Court has by Virtue of Section 9 of the C.P.C.

Power to interfere and set matters right.”

We have not found any substance in the recall application and the

application is misconceived. Accordingly, it is rejected.

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

Page 6: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

Form No. 4

{See rule 11(1)} ORDER SHEET

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

Ex.A. No. 122 of 2017 with M.A. No. 716 of 2018, Ex.A. No. 92 of 2013

Inre : O.A. No. 333 of 2012

Ram Ashre 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

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Present: Shri Shyam Bihari Tiwari, Ld. Counsel for the applicant

and Shri Sunil Sharma, Ld. Counsel for the respondents.

Shri R.K. Tiwari, Assistant Accounts Officer, Principal Controller of

Defence Accounts (Pension), Allahabad is also present.

In this case the point involved is that in PPO it is mentioned that

no consolidation will be permitted. Vide order dated 22.10.2018 we have

called representative of PCDA (Pension), Allahabad to assist the Tribunal.

Shri R.K. Tiwari, Assistant Account Officer on behalf of PCDA (P) Allahabad

submits that the pension shall not be consolidated in view of the Circular

No. 430 dated 10.03.2010 and Circular No. 501 dated 17.01.2013. It is

submitted that it has been purposely mentioned in the PPO issued to the

applicant because as per said Circulars the pension which is being received

by the applicant at present, shall be reduced. He has mentioned the details

in his typed work-sheet which is taken on record. Copy of the same has

been provided to the Ld. Counsel for the applicant.

Ld. Counsel for the applicant prays for and is granted time to file

objection.

List this case on 15.02.2019 for orders.

On the date fixed, Shri R.K. Tiwari, A.A.O. representative of PCDA

(P), Allahabad shall remain present to assist the Tribunal.

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

Page 7: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

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

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

Ex.A. No. 101 of 2017 with M.A. No. 16 of 2018 Inre : Ex.A. No. 40 of 2013 and

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

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Present: Shri Shyam Bihari Tiwari, Ld. Counsel for the applicant

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

In this case the point involved is that in PPO it is mentioned that

no consolidation will be permitted. Vide order dated 22.10.2018 we have

called representative of PCDA (Pension), Allahabad to assist the Tribunal.

Shri R.K. Tiwari, Assistant Account Officer on behalf of PCDA (P) Allahabad

submits that the pension shall not be consolidated in view of the Circular

No. 430 dated 10.03.2010 and Circular No. 501 dated 17.01.2013. It is

submitted that it has been purposely mentioned in the PPO issued to the

applicant because as per said Circulars the pension which is being received

by the applicant at present, shall be reduced. He has mentioned the details

in his typed work-sheet which is taken on record. Copy of the same has

been provided to the Ld. Counsel for the applicant.

Ld. Counsel for the applicant prays for and is granted time to file

objection.

List this case on 15.02.2019 for orders.

On the date fixed, Shri R.K. Tiwari, A.A.O. representative of PCDA

(P), Allahabad shall remain present to assist the Tribunal.

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

Page 8: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

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

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

Ex.A. No. 169 of 2018 Inre : O.A. No. 573 of 2017

Ex. Hav (Hony Nb Sub) Kamta 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

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Present: Shri P.K. Shukla, Ld. Counsel for the applicant and Dr.

Chet Narain Singh, Ld. Counsel for the respondents.

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

compliance report.

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

applicant is not getting the pension of Honorary Nb. Subedar.

As prayed, list this case on 19.02.2019 for filing compliance report

by the respondents, failing which they will have to pay the cost of

Rs.10,000/- in the registry which shall be released to the applicant.

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

Page 9: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

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

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

Ex.A. No. 170 of 2018 Inre : O.A. No. 562 of 2017

Ex. Hav. (Hony. Nb. Sub.) Gulab Chandra Applicant By Legal Practitioner for the Applicant

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

Notes of the Registry

Orders of the Tribunal

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Present: Shri P.K. Shukla, Ld. Counsel for the applicant and Shri

A.K. Sahu, Ld. Counsel for the respondents.

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

compliance report.

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

applicant is not getting the pension of Honorary Nb. Subedar.

As prayed, list this case on 19.02.2019 for filing compliance report

by the respondents.

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

Page 10: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

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

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

Ex.A. No. 171 of 2018 Inre : O.A. No. 663 of 2017

Ex. Hav. (Hony. Nb. Sub.) Ramesh Prasad Pandey & 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

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Present: Shri P.K. Shukla, Ld. Counsel for the applicants and Shri

Bhanu Pratap Singh, Ld. Counsel for the respondents.

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

compliance report.

It is submitted by the Ld. Counsel for the applicants that the

applicants are not getting the pension of Honorary Nb. Subedar.

As prayed, list this case on 19.02.2019 for filing compliance report

by the respondents.

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

Page 11: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

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

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

Ex.A. No. 172 of 2018 Inre : O.A. No.667 of 2017

Smt. Govind Devi Wife of Late Hony. Nb. Sub. Ram Asrey Applicant By Legal Practitioner for the Applicant

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

Notes of the Registry

Orders of the Tribunal

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Present: Shri P.K. Shukla, Ld. Counsel for the applicant and Dr.

Shailendra Sharma Atal, Ld. Counsel for the respondents.

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

compliance report.

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

applicant is not getting the pension of Honorary Nb. Subedar.

As prayed, list this case on 19.02.2019 for filing compliance report

by the respondents.

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

Page 12: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

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

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

Ex.A. No. 173 of 2018 Inre : O.A. No. 632 of 2017

Ex. Hav. (Hony. Nb. Sub.) Paras Nath Tiwari Applicant By Legal Practitioner for the Applicant

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

Notes of the Registry

Orders of the Tribunal

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Present: Shri P.K. Shukla, Ld. Counsel for the applicant and Shri

Rajiv Pandey, Ld. Counsel for the respondents.

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

compliance report.

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

applicant is not getting the pension of Honorary Nb. Subedar.

As prayed, list this case on 19.02.2019 for filing compliance report

by the respondents.

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

Page 13: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

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

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

O.A. No. 125 of 2018

Baleshwar 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

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Case called out.

Present: Shri Arun Kumar Sahu, Ld. Counsel for the respondents.

Shri R.K. Tiwari, Assistant Accounts Officer, PCDA (Pension),

Allahabad is also present.

None is present on behalf of the applicant.

In the interest of justice, the case is adjourned.

List this case on 08.02.2019 for orders.

On the date fixed Shri R.K. Tiwari, Assistant Accounts Officer

representative of PCDA (P), Allahabad shall remain present to assist the

Tribunal.

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

Page 14: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

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

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

O.A. No. 45 of 2017

Smt. Nisha Tomar Applicant By Legal Practitioner for the Applicant

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

Notes of the Registry

Orders of the Tribunal

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Case called out.

Present: Smt. Farha Faiz, Ld. Counsel for the applicant and Ms.

Amrita Chakraborty, Ld. Counsel for the respondents.

Ld. Counsel for the applicant prays for time to argue on the point

of right of Army Authorities to grant maintenance after the Judgment of the

Armed Forces Tribunal, Regional Bench, Chandigarh whereby it has been

held that the Army Authorities have no right to grant maintenance

allowance.

List this case on 06.02.2019 for hearing.

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

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

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

Page 15: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

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

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

O.A. No. 258 of 2017

Akil Ahmed Ansari Applicant By Legal Practitioner for the Applicant

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

Notes of the Registry

Orders of the Tribunal

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Present: Shri R.C. Shukla, Ld. Counsel for the respondents.

None is present on behalf of the applicant.

In the interest of justice, the hearing of the case is adjourned.

List this case on 19.02.2019 for hearing.

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

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

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

Page 16: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

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

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

O.A. No. 466 of 2017

Udai Bhan 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

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Present: Shri Parijaat Belaura, Ld. Counsel for the applicant and

Shri Ramesh Chandra Shukla, Ld. Counsel for the respondents.

Shri R.K. Tiwari, Assistant Accounts Officer, PCDA (Pension),

Allahabad is also present.

As prayed by the Ld. Counsel for the parties, the hearing of the

case is adjourned.

List this case on 15.02.2019 for hearing.

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

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

On the date fixed Shri R.K. Tiwari, Assistant Accounts Officer

representative of PCDA (P), Allahabad shall remain present to assist the

Tribunal.

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

Page 17: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

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

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

O.A. No. 588 of 2017

Bhim Singh Applicant By Legal Practitioner for the Applicant

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

Notes of the Registry

Orders of the Tribunal

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Present: Shri Parijaat Belaura, Ld. Counsel for the applicant and

Shri Amit Jaiswal, Ld. Counsel for the respondents.

Shri R.K. Tiwari, Assistant Accounts Officer, PCDA (Pension),

Allahabad is also present.

As prayed by the Ld. Counsel for the parties, the hearing of the

case is adjourned.

List this case on 15.02.2019 for hearing.

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

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

On the date fixed Shri R.K. Tiwari, Assistant Accounts Officer

representative of PCDA (P), Allahabad shall remain present to assist the

Tribunal.

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

Page 18: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

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

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

O.A. No. 124 of 2018

Ram Dhiraj Singh Kushwaha Applicant By Legal Practitioner for the Applicant

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

Notes of the Registry

Orders of the Tribunal

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Present: Shri Vijay Kumar Pandey, Ld. Counsel for the applicant

and Ms. Appoli Srivastava, Ld. Counsel for the respondents.

Shri R.K. Tiwari, Assistant Accounts Officer, PCDA (Pension),

Allahabad is also present.

As prayed by the Ld. Counsel for the parties, the hearing of the

case is adjourned.

List this case on 15.02.2019 for hearing.

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

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

On the date fixed Shri R.K. Tiwari, Assistant Accounts Officer

representative of PCDA (P), Allahabad shall remain present to assist the

Tribunal.

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

Page 19: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

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

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

O.A. No. 186 of 2018 along with O.A. No. 338 of 2017 (Decided)

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

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Case was taken up in the revised list.

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

respondents.

None is present on behalf of the applicant.

Original Application No. 186 of 2018 is dismissed for want of

prosecution.

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

Page 20: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

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

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

O.A. No. 552 of 2018

Hari 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

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

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

Ashish Kumar Singh, Ld. Counsel for the respondents.

Shri R.K. Tiwari, Assistant Accounts Officer, PCDA (Pension),

Allahabad is also present.

As prayed by the Ld. Counsel for the parties, the hearing of the

case is adjourned.

List this case on 15.02.2019 for hearing.

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

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

On the date fixed Shri R.K. Tiwari, Assistant Accounts Officer

representative of PCDA (P), Allahabad shall remain present to assist the

Tribunal.

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

Page 21: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

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

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

M.A. No. 1188 of 2018 Inre : O.A. No. (Nil) of 2018

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

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Present: Shri Girish Tiwari, Ld. Counsel for the applicant and Shri

Namit Sharma, Ld. Counsel for the respondents.

Shri R.K. Tiwari, Assistant Accounts Officer, PCDA (Pension),

Allahabad is also present.

As prayed by the Ld. Counsel for the parties, the hearing of the

case is adjourned.

List this case on 15.02.2019 for hearing.

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

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

On the date fixed Shri R.K. Tiwari, Assistant Accounts Officer

representative of PCDA (P), Allahabad shall remain present to assist the

Tribunal.

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

Page 22: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

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

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

O.A. No. 462 of 2017

Hem Raj Bhatta Applicant By Legal Practitioner for the Applicant

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

Notes of the Registry

Orders of the Tribunal

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Present: Shri Parijaat Belaura, Ld. Counsel for the applicant and

Shri Kaushik Chatterjee, Ld. Counsel for the respondents.

Shri R.K. Tiwari, Assistant Accounts Officer, PCDA (Pension),

Allahabad is also present.

As prayed by the Ld. Counsel for the parties, the hearing of the

case is adjourned.

List this case on 15.02.2019 for hearing.

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

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

On the date fixed Shri R.K. Tiwari, Assistant Accounts Officer

representative of PCDA (P), Allahabad shall remain present to assist the

Tribunal.

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

Page 23: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

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

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

O.A. No. 568 of 2017

Hony. Nb. Sub. Mukati Nath 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

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Present: Shri Parijaat Belaura, Ld. Counsel for the applicant and

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

Shri R.K. Tiwari, Assistant Accounts Officer, PCDA (Pension),

Allahabad is also present.

As prayed by the Ld. Counsel for the parties, the hearing of the

case is adjourned.

List this case on 15.02.2019 for hearing.

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

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

On the date fixed Shri R.K. Tiwari, Assistant Accounts Officer

representative of PCDA (P), Allahabad shall remain present to assist the

Tribunal.

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

Page 24: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

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

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

O.A. No. 142 of 2018

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

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Present: Shri Parijaat Belaura and Ms. Kavita Belaura, Ld.

Counsel for the applicant and Shri R.K.S. Chauhan, Ld. Counsel for the

respondents.

Shri R.K. Tiwari, Assistant Accounts Officer, PCDA (Pension),

Allahabad is also present.

As prayed by the Ld. Counsel for the parties, the hearing of the

case is adjourned.

List this case on 15.02.2019 for hearing.

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

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

On the date fixed Shri R.K. Tiwari, Assistant Accounts Officer

representative of PCDA (P), Allahabad shall remain present to assist the

Tribunal.

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

Page 25: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

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

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

M.A. No. 2023 of 2018 Inre O.A. No. Nil of 2018

Ex Hav (Hony Nb Sub) Surendra 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

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)

Memo of appearance filed by Shri Anurag Mishra, Advocate on

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

learned counsel for the respondents, when the case is next listed.

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

Shri Anurag Mishra, Ld. Counsel for the respondents.

M.A. No. 2023 of 2018

This is an application for condonation of delay in filing O.A. for grant

of revised pension of Hony Naib Subedar. As per office report, it is delayed

by 12 years, 05 month & 15 days in filing the Original Application.

Learned counsel for the respondents prays for and is granted four

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

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

within two weeks’ thereafter.

List this case on 15.02.2019 for orders before Registrar Court.

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

Page 26: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

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

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

M.A. No. 2024 of 2018 Inre O.A. No. Nil of 2018

Ex Hav Sanjay Singh Yadav Applicant By Legal Practitioner for the Applicant

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

Notes of the Registry

Orders of the Tribunal

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)

Memo of appearance filed by Shri Amit Jaiswal, Advocate on behalf

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

counsel for the respondents, when the case is next listed.

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

Shri Amit Jaiswal, Ld. Counsel for the respondents.

M.A. No. 2024 of 2018

This is an application for condonation of delay in filing O.A. by which

the applicant has challenged punishment awarded by the GCM. As per

office report, it is delayed by 07 month & 18 days in filing the Original

Application.

Learned counsel for the respondents prays for and is granted four

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

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

within two weeks’ thereafter.

List this case on 07.02.2019 for orders before Registrar Court.

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

Page 27: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

Form No. 4

{See rule 11(1)} ORDER SHEET

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

O.A. No. 602 of 2018

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

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

Notes of the Registry

Orders of the Tribunal

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)

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

on behalf of the respondent Nos. 1 to 3 is taken on record. His name be

shown as learned counsel for the respondent Nos. 1 to 3, when the case is

next listed.

Present: Shri Bachchan Singh, learned counsel for the applicant and

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

O.A. No. 602 of 2018

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

family pension. By means of this O.A., the applicant has submitted that

PPO in this case for grant of family pension has already been issued but

Bank concerned is not making payment to the applicant.

The matter pertains to pension which is recurring cause of action and

needs to be adjudicated.

Admit.

Learned counsel for the respondents to file counter affidavit with four

weeks. Rejoinder affidavit, if any, may be filed by learned counsel for the

applicant within two weeks, thereafter. Issue notice to respondent No. 4, 5

& 6 returnable at an early date. Notice on behalf of other respondents has

been received by Senior Standing Counsel.

List this case on 19.02.2019 before Registrar Court for exchange of

pleadings.

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

Page 28: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

Form No. 4

{See rule 11(1)} ORDER SHEET

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

Ex.A. No. 236 of 2018 Inre : O.A. No. 384 of 2018

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

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

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

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

learned counsel for the respondents, when the case is next listed.

Present: Shri Angrej Nath Shukla, learned counsel for the applicant

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

Ex.A. No. 236 of 2018

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

21.08.2018 passed in O.A. No. 384 of 2018.

Learned counsel for the respondents prays for and is granted four

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

compliance report.

List this case on 19.02.2019 for filing compliance report.

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

Page 29: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

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

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

Ex.A. No. 237 of 2018 Inre : O.A. No. 385 of 2018

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

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Memo of appearance filed by Mohd Zafar Khan, Advocate on behalf of

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

for the respondents, when the case is next listed.

Present: Shri Angrej Nath Shukla, learned counsel for the applicant

and Mohd Zafar Khan, Ld. Counsel for the respondents.

Ex.A. No. 237 of 2018

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

21.08.2018 passed in O.A. No. 385 of 2018.

Learned counsel for the respondents prays for and is granted four

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

compliance report.

List this case on 19.02.2019 for filing compliance report.

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

Page 30: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

Form No. 4

{See rule 11(1)} ORDER SHEET

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

M.A. No. 2025 of 2018 Inre M.A. No. 69 of 2018 Inre O.A. No. Nil of 2018

Smt Prabhawati Applicant By Legal Practitioner for the Applicant

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

Notes of the Registry

Orders of the Tribunal

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)

Memo of appearance filed by Shri Amit Jaiswal, Advocate on behalf

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

counsel for the respondents, when the case is next listed.

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

Singh, learned counsel for the applicant and Shri Amit Jaiswal, Ld. Counsel

for the respondents.

M.A. No. 2025 of 2018

This is an application for recall of the order dated 19.11.2018 passed

by this Tribunal dismissing the O.A. for want of prosecution.

The grounds shown in the recall application seem to be sufficient.

Accordingly, the application is allowed and the order dated

19.11.2018 is hereby recalled, subject to payment of cost of Rs. 1000/- to

be paid to the Bar Association, AFT, Lucknow within a week from today.

Subject to deposit of cost, the case shall be restored to its original

number.

List this case on 30.01.2019 for orders.

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

Page 31: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

Form No. 4

{See rule 11(1)} ORDER SHEET

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

M.A. No. 2026 of 2018 Inre M.A. No. 922 of 2017 Inre O.A. No. Nil of 2017

Ex Sigmn Ramesh Chandra Applicant By Legal Practitioner for the Applicant

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

Notes of the Registry

Orders of the Tribunal

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)

Memo of appearance filed by Ms. Amrita Chakraborty, Advocate on

behalf of the respondents is taken on record. Her name be shown as

learned counsel for the respondents, when the case is next listed.

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

Singh, learned counsel for the applicant and Ms. Amrita Chakraborty, Ld.

Counsel for the respondents.

M.A. No. 2026 of 2018

This is an application for recall of the order dated 19.11.2018 passed

by this Tribunal dismissing the O.A. for want of prosecution.

The grounds shown in the recall application seem to be sufficient.

Accordingly, the application is allowed and the order dated

19.11.2018 is hereby recalled, subject to payment of cost of Rs. 1000/- to

be paid to the Bar Association, AFT, Lucknow within a week from today.

Subject to deposit of cost, the case shall be restored to its original

number.

List this case on 30.01.2019 for orders.

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

Page 32: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

Form No. 4

{See rule 11(1)} ORDER SHEET

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

M.A. No. 2027 of 2018 Inre O.A. No. 563 of 2017

Ex Rect Sushant 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

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)

Memo of appearance filed by Shri Asheesh Agnihotri, Advocate on

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

learned counsel for the respondents, when the case is next listed.

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

Singh, learned counsel for the applicant and Shri Asheesh Agnihotri, Ld.

Counsel for the respondents.

M.A. No. 2027 of 2018

This is an application for recall of the order dated 19.11.2018 passed

by this Tribunal dismissing the O.A. for want of prosecution.

The grounds shown in the recall application seem to be sufficient.

Accordingly, the application is allowed and the order dated

19.11.2018 is hereby recalled, subject to payment of cost of Rs. 1000/- to

be paid to the Bar Association, AFT, Lucknow within a week from today.

Subject to deposit of cost, the case shall be restored to its original

number.

List this case on 30.01.2019 for orders.

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

Page 33: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

Form No. 4

{See rule 11(1)} ORDER SHEET

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

M.A. No. 2029 of 2018 Inre M.A. No. 61 & 62 of 2017 Inre O.A. No. 455 of 2012

Ex Rect Prashant 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

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)

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

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

learned counsel for the respondents, when the case is next listed.

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

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

Ld. Counsel for the respondents.

M.A. No 2029 of 2018

This is an application for recall of the order dated 19.11.2018 passed

by this Tribunal dismissing the O.A. for want of prosecution.

The grounds shown in the recall application seem to be sufficient.

Accordingly, the application is allowed and the order dated

19.11.2018 is hereby recalled, subject to payment of cost of Rs. 1000/- to

be paid to the Bar Association, AFT, Lucknow within a week from today.

Subject to deposit of cost, the case shall be restored to its original

number.

List this case on 30.01.2019 for orders.

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

Page 34: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

Form No. 4 [See rule 11(1)] ORDER SHEET

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

M.A. No. 2032 of 2018 with M.A.No.2033 of 2018 Inre T.A.No. 40 of 2009

Sushil Singh Petitioner By Legal Practitioner for Petitioner

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

Notes of the Registry

Orders of the Tribunal

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Present: Shri PK Shukla, Advocate holding brief of Shri

Virat Anand Singh, learned counsel for the petitioner and Ms

Appoli Srivastava, learned counsel for the respondents.

M.A. No. 2032 of 2018

This is an application for condonation of delay in filing the

recall application.

The grounds shown in the application seem to be

sufficient.

Accordingly, the application is allowed and the delay in

filing the recall application is hereby condoned.

M.A.No.2033 of 2018

By means of this Recall Application, the petitioner has

prayed for recall of the order dated 27.08.2018 passed by this

Tribunal dismissing the T.A. for want of prosecution.

The grounds shown in the application seem to be

sufficient.

Accordingly, the application is allowed and the order

dated 27.08.2018 passed in T.A.No.40 of 2009 is hereby

recalled.

Subject to payment of cost of Rs.1000/- to be deposited in

the Bar Association, AFT, Lucknow within one week, the case

will be restored to its original number.

List this case on 30.01.2019 for orders.

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

Page 35: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

Form No. 4 [See rule 11(1)] ORDER SHEET

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

Ex.A. No.155 of 2017 Inre T.A.No.1288 of 2010

Chandra Bhushan Yadav Petitioner By Legal Practitioner for Petitioner

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

Notes of the Registry

Orders of the Tribunal

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Present: None appears for the petitioner. Shri Mohd Zafar

Khan, learned counsel for the respondents is present.

Ex.A.No.155 of 2017 This is an application for execution of the order dated

18.04.2017 passed in T.A.No.1288 of 2010.

Learned counsel for the respondents submits that the

order under execution has been stayed by the Hon’ble Apex

Court.

List this case on 29.03.2019 for orders awaiting the

outcome of the stay order.

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

Page 36: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

Form No. 4

[See rule 11(1)] ORDER SHEET

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

Ex.A. No.123 of 2018 Inre O.A.No.134 of 2012

Chandra Sekhar Tripathi Applicant By Legal Practitioner for Applicant

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

Notes of the Registry

Orders of the Tribunal

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Present: Shri Parijaat Belaura, learned counsel for the

applicant and Dr Shailendra Sharma Atal, learned counsel for

the respondents.

Learned counsel for the applicant submits that since his

client is ill, therefore, he could not furnish the required

information, as directed vide order dated 14.11.2018.

List this case on 29.01.2019 for orders.

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

Page 37: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

Form No. 4

[See rule 11(1)] ORDER SHEET

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 Ex.A. No. 168 of 2018 with M.A.No.1876 of 2018, M.A.No.1877 of 2018

Inre O.A.No. 35 of 2018 & Inre Ser No.21 of O.A.No.40 of 2018

Ex Hav (Hony Nb Sub) Jageshwar Prasad & others Applicants By Legal Practitioner for Applicants

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

Notes of the Registry

Orders of the Tribunal

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Present: Shri PK Shukla, learned counsel for the

applicants and Ms Deepti P Bajpai, learned counsel for the

respondents.

M.A.No.1876 of 2018 This is an application for substituting the legal heir of Ex

Hav/Hony Nb Sub Jageshwar Prasad, Applicant No.1, who has

expired on 29.08.2018.

With the consent of the learned counsel for the parties,

the application is allowed.

Let the legal heir of the Applicant No.1 may be substituted

in his place.

M.A.No.1877 of 2018

This is an application for substituting the legal heir of Ex

Hav/Hony Nb Sub Kamta Prasad, Applicant No.3, who has

expired on 19.09.2018.

With the consent of the learned counsel for the parties,

the application is allowed.

Let the legal heir of the Applicant No.3 may be substituted

in his place.

List this case on 23.01.2019 for orders.

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

Page 38: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

Form No. 4

[See rule 11(1)] ORDER SHEET

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

M.A.No. 205 of 2018 Inre O.A.No. Nil of 2018

Ram Sabad Singh & another Applicants By Legal Practitioner for Applicants

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

Notes of the Registry

Orders of the Tribunal

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Present: Shri Parijaat Belaura, learned counsel for the

applicants and Dr Shailendra Sharma Atal, learned counsel for

the respondents.

M.A.No. 205 of 2018

By means of this O.A., the applicant has made prayer for

grant of revision of pension, which is a recurring cause of

action.

Objection and reply to the said objection have already

been exchanged.

Accordingly, the application is allowed and the delay in

filing the O.A. is hereby condoned.

Having heard the learned counsel for the parties, we find

that it is a fit case for admission.

Admit.

Let the case be registered as O.A.

Learned counsel for the respondents prays for and is

granted four weeks’ time to file counter affidavit. Rejoinder

affidavit, if any, may be filed within two weeks thereafter.

List this case on 19.02.2019 for orders before the

Registrar Court.

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

Page 39: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

Form No. 4

[See rule 11(1)] ORDER SHEET

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

O.A.No. 123 of 2018

Krishna Kumar S Applicant By Legal Practitioner for Applicant

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

Notes of the Registry

Orders of the Tribunal

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Present: None appears for the applicants. Shri Arnurag

Mishra, learned counsel for the respondents is present.

Case called out. None appears for the applicants. In the

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

List this case on 04.02.2019 for hearing.

On the date fixed, the original records pertaining to the

case shall be produced by the respondents.

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

Page 40: Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES ...aftlko.up.nic.in/C1 Daily Order/C1 Order -2018/C1 Order Sheet 20.12.2018.pdf · called representative of PCDA (Pension), Allahabad

Form No. 4

[See rule 11(1)] ORDER SHEET

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

O.A.No. 325 of 2018

Sachchida Nand Tiwari Applicant By Legal Practitioner for Applicant

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

Notes of the Registry

Orders of the Tribunal

20.12.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Present: Shri Parijaat Belaura, learned counsel for the

applicant and Shri Namit Sharma, learned counsel for the

respondents.

Learned counsel for the applicant prays for time to

address the Court on the point as mentioned in the order dated

19.07.2018.

List this case on 08.02.2019 for orders.

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