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Form No. 4

[See rule 11(1)]

ORDER SHEET

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW

Court No. 2

O.A. No. 237 of 2011

Vijai Shankar Yadav 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

22.12.2017

Hon’ble Mr. Justice S.V.S. Rathore, Member (J)

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

Present: Shri Sudhir Kumar Singh, learned counsel for the

applicant and Shri GS Sikarwar, learned counsel for the respondents.

With consent of learned counsel for the parties, list this case on

15.01.2018 for hearing.

On the date fixed, learned counsel for the respondents shall

produce the original documents pertaining to case for perusal of the

Bench

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore)

Member (A) Member (J) RPM/-

Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 301 of 2012

Padam Bahadur Gurung & Others Applicants By Legal Practitioner for Applicants

Versus

Union of India & Others Respondents


Notes of the

Registry


22.12.2017



Present: Shri Veer Raghav Chaubey, learned counsel for the

applicant and Mrs Anju Singh, learned counsel for the respondents.

It is submitted by learned counsel for the applicant that Civil

Appeal No. 1399 of 2013 is listed before Hon’ble The Apex Court on

02.01.2018, hence prays that the case is adjourned.

Accordingly, this case is adjourned for the day.

List this case on 24.01.2018 for hearing.



Bench



Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 317 of 2015

Ataullah Khan Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


22.12.2017



Memo of appearance filed by Shri Asheesh Agnihotri, Advocate

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

counsel for the respondents when the case is listed next.

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

and Shri Asheesh Agnihotri, learned counsel for the respondents.

Learned counsel for the respondents prays some time for

preparation of the case.

Time prays for is granted.




Bench



Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 251 of 2016

Smt. Kanta Devi Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


22.12.2017



Present: Shri VP Pandey, Advocate, holding brief of Shri KKS

Bisht, learned counsel for the applicant and Shri Asheesh Agnihotri,

learned counsel for the respondents.

Learned counsel for the applicant has not complied with the

direction issued vide our order dated 16.11.2017. He prays for and is

granted four weeks’ further time to comply the aforesaid direction.




Bench.



Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 116 of 2017

Smt Sadhana Sharma Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


22.12.2017



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

Shri AN Tripathi, learned counsel for the respondents.

Learned counsel for the applicant submits that in similar matter

M.A. No. 1613 of 2017(Smt. Rajeshwari Devi Vs. Union of India) is

listed for hearing on 10.01.2017.

Registry is directed to list this case alongwith M.A. No. 1613 of

2017(Smt. Rajeshwari Devi Vs. Union of India) on 15.01.2018 for

hearing.



Bench.



Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

T.A. No. 39 of 2017

Govind Singh Negi Petitioner By Legal Practitioner for Petitioner

Versus



Notes of the

Registry


22.12.2017



Present: Shri Virat Anand Singh, Advocate, holding brief of Shri

SG Singh, learned counsel for the petitioner and Shri VPS Vats,


It is informed by Shri Virat Anand Singh that Shri SG Singh,

learned counsel for the petitioner has not come to the Court since he is

out of station. Hence, he prays for adjournment of the case.

Accordingly, the case is adjourned.

List this case on 16.01.2018 for hearing. In the mean time,

rejoinder affidavit may be filed by learned counsel for the petitioner as

directed by this Court on 27.11.2017.



Bench.



Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

T.A. No. 36 of 2013

Man Singh Petitioner By Legal Practitioner for Petitioner

Versus



Notes of the

Registry


22.12.2017


Hon’ble Air Marshal B.B.P. Sinha, Member (A)

T.A. No. 36 of 2013, Man Singh Vs Union of India and others is

dismissed.

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

(Air Marshal B.B.P. Sinha) (Justice S.V.S. Rathore)

Member (A) Member (J) PKG

Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

M.A. No. 2310 of 2017

Inre: M.A. No. 2776 of 2016

Ram Pyare Kushwaha Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


22.12.2017



Memo of appearance filed by Shri Ashish Kumar Singh,

Advocate on behalf of the respondents is taken on record.

Present: Shri Dharmesh Sinha, learned counsel for the applicant

and Shri Ashish Kumar Singh, learned counsel for the respondents.

M.A. No. 2310 of 2017

This is an application moved under Section 31 of the Armed

Forces Tribunal Act, 2007 for Leave to Appeal against the judgment

and order dated 01.12.2017 passed in M.A.No.2776 of 2016 (O.A.No.

Nil of 2016) dismissing the application for condonation of delay in

moving the Original Application.

We have also gone through the grounds and reasons indicated in

the affidavit filed in support of the application. In our considered

opinion, the grounds urged in support of the prayer for Leave to

Appeal are general in nature and do not appear to be germane.

However, we do not find any point of law of general public

importance involved in the decision so as to grant leave to appeal.

Accordingly, this application is rejected.



Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

M.A. No. 2323 of 2017

Inre: O.A. No. 300 of 2012

Raghvendra Nath Tripathi Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


22.12.2017



Memo of appearance filed by Shri DK Pandey, 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 VK Pandey, Advocate holding brief of Wg Cdr Ajit

Kakkar (Retd), learned counsel for the applicant and Shri DK Pandey,


M.A. No. 2323 of 2017

This is an application for condonation of delay in filing the

recall application for recall of the order dated 08.01.2015 passed by

this Tribunal dismissing the O.A. for non prosecution, which as per

office report, is delayed by 02 years, 10 months and 10 days.

Learned counsel for the respondents prays for and is granted

two weeks’ time to file objection to the application for condonation

of delay in filing the recall application.

List this case on 25.01.2018 for orders.



Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

Ex-A. No. 26 of 2017

Inre: O.A. No. 239 of 2015

Santosh Kumar Tiwari Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


22.12.2017



Present: Shri Sudhir Kumar Singh, learned counsel for the applicant

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

Ex-A. No. 26 of 2017

This is an application for execution of the judgment and order dated

30.09.2016 passed in O.A.No.239 of 2015 (Navy) granting disability

pension to the applicant.

It is submitted on behalf of the respondents that the requisite sanction

has been granted in compliance of the order under execution and thereafter

letters dated 30th

October 2017, 23rd

November 2017 and 12th

December

2017 have been issued to the PCDA, Navy, Mumbai. However, no action

has been taken by the PCDA, Navy, Mumbai.

Hence, we hereby direct the PCDA, Navy, Mumbai to send a

representative/official dealing with the case, who shall remain present before

the Tribunal on the next date fixed alongwith the explanation in writing as to

why the order under execution communicated by the respondents for issue

of PPO, has not been complied with.

Registry is directed to communicate this order to the PCDA, Navy,

Mumbai for ensuring compliance.


Let a copy of this order be given to the learned counsel for the

respondents today.



Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 313 of 2015

Lt Col GM Khan Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


22.12.2017



Present: Shri Virat Anand Singh, learned counsel for the

applicant and Shri Bhanu Pratap Singh, learned counsel for the

respondents.

Learned counsel for the applicant prays for and is granted two

weeks’ further time to file rejoinder affidavit.




Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 104 of 2016 with M.A. Nos. 2193 & 1767 of 2017

Smt Pankaj Singh Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


22.12.2017



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

Shri Sunil Sharma, learned counsel for the respondents.

It is informed at the Bar that the application for amendment has

already been filed in the Registry. However, copy of the same could

not be provided to the learned counsel for the respondents.

Learned counsel for the applicant prays for and is granted one

week’s time to provide the same to the learned counsel for the

respondents.

Learned counsel for the respondents prays for and is granted four

weeks’ time to file counter affidavit, if copy is provided to them, on

the amended portion of the O.A.




Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

M.A. No. 2304 of 2017 with M.A. No. 2305 of 2017

Inre: T.A. No. 1022 of 2010

M Krishnan Petitioner By Legal Practitioner for Petitioner

Versus



Notes of the

Registry


21.12.2017



Memo of appearance filed by Dr Shailendra Sharma Atal,

Advocate on behalf of the respondents is taken on record.

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

Shailendra Sharma Atal, learned counsel for the respondents.

MA. No. 2304 of 2017

This is an application for condonation of delay in moving the

application under section 31(2) of the Armed Forces Tribunal Act

2007 for grant of leave to appeal against the judgment and order dated

19.04.2012 passed by this Court in T.A. No. 1022 of 2010.

As per stamp reporter’s report, there is delay of 05 years, 06

month and 29 days in filing the application for leave to appeal. Section

31 (2) of the Armed Forces Tribunal Act 2007 provides that the

application for leave to appeal shall be made for approaching Hon’ble

Supreme Court within a period of 30 days beginning with the date of

decision of the Tribunal. Apart from it, we have also gone through the

grounds and reasons indicated in the affidavit filed in support of the

application. In our considered opinion, the grounds urged in support of

the prayer for grant of leave to appeal do not appear to be germane in

view of the law laid down by the Hon’ble Supreme Court in Office of

the Chief Post Master General and others vs Living Media India

Ltd and another reported in 2012 STPL (LE) 46200 SC.

M.A. No 2305 of 2017

This is an application under section 31 (1) of the Armed Forces

Tribunal Act 2007 for grant of leave to appeal, having been moved by

the applicant beyond the period of 30 days. Even otherwise also, we

do not find any point of law of general public importance involved in

the decision so as to grant leave to appeal. Accordingly, this

application is also rejected. Since the application for condonation of

delay in moving this application has been rejected, in consequence

thereof, this application is also rejected.


Member (A) Member (J) RS/*

Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 214 of 2016

Smt Rajni Verma Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


21.12.2017



Present: Shri PN Chaturvedi, learned counsel for the applicant

and Shri Sunil Sharma, learned counsel for the respondents.

M.A. No. 2329 of 2017

Counter affidavit on behalf of respondent No. 1 to 3 filed by Shri

Sunil Sharma, learned counsel for the respondents is taken on record.

Learned counsel for the applicant prays for and is granted four

week’s time to file rejoinder affidavit.




Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 381 of 2017

Smt Kamil Nisha Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


21.12.2017



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


M.A. No. 2331 of 2017

Supplementary affidavit filed by learned counsel for the applicant

is taken on record.

Learned counsel for the respondents prays for and is granted two

week’s time to file his response to aforesaid supplementary affidavit.




Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 447 of 2017

Vikas Pandey Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


21.12.2017




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


week’s further time to file counter affidavit. Rejoinder affidavit, if

any, may be filed by learned counsel for the applicant within two

week’s thereafter.




Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 492 of 2017

Smt Shyamal Sri Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


21.12.2017



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

Shri SN Pandey, learned counsel for the respondents.


week’s further time to file counter affidavit. Rejoinder affidavit, if

any, may be filed by learned counsel for the applicant within two

week’s thereafter.




Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

T.A. No. 349 of 2010 with M.A. No. 1818 of 2017

Ramayan Mishra Petitioner By Legal Practitioner for Petitioner

Versus



Notes of the

Registry


21.12.2017




petitioner and Shri Anurag Mishra, learned counsel for the

respondents.

M.A. No. 2330 of 2017

Amendment application filed by learned counsel for the applicant

is taken on record.

Learned counsel for the respondents prays for and is granted a

week’s time to file objection to the aforesaid amendment application.




Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

T.A. No. 573 of 2010

Satyendra Prasad Petitioner By Legal Practitioner for Petitioner

Versus



Notes of the

Registry


21.12.2017



T.A. No. 573 of 2010, Satyendra Prasad Vs Chief of the Army

Staff & Others is partly allowed.

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

sheets.



Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

M.A. No. 49 of 2016

Inre: O.A. No. Nil of 2016

Surender Singh Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


21.12.2017



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

Asheesh Agnihotri, learned counsel for the respondents.


weeks’ time to file reply to the objection on the application for

condonation of delay.




Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 134 of 2017

Shyam Babu Tiwari Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


21.12.2017



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

Shri VPS Vats, learned counsel for the respondents alongwith

Commodore Joint JAG Varun Singh and Lt Commodore Seema

Chaudhary, Departmental Representative.

As prayed by the learned counsel for the respondents, two weeks’

further time is granted to file counter affidavit. No further time shall

be granted for the aforesaid purpose.




Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 64 of 2013 with M.A. No. 2264 of 2017

Chandra Ballabh Bhatt (Deceased) through

Smt Madhuri Bhatt and another Applicants By Legal Practitioner for Applicants

Versus

Chief of Naval Staff & Others Respondents


Notes of the

Registry


21.12.2017



Present: Shri KKS Bisht, learned counsel for the applicants and

Shri Bhanu Pratap Singh, learned counsel for the respondents.

In pursuance of our earlier order dated 15.11.2017, Commodore

Joint JAG Varun Singh and Lt Commodore Seema Chaudhary,

Departmental Representative are present.

Learned counsel for the applicant prays for time to produce

before the Tribunal some case law.

An oral prayer has been made by the learned counsel for the

respondents for exemption of the cost imposed on the respondents.

The same shall be considered on the next date of listing.




Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

T.A. No. 70 of 2012

Smt Omvati Devi Petitioner By Legal Practitioner for Petitioner

Versus



Notes of the

Registry


21.12.2017




petitioner and Dr Shailendra Sharma Atal, learned counsel for the

respondents alongwith Commodore Joint JAG Varun Singh and Lt

Commodore Seema Chaudhary, Departmental Representative.

On behalf of the respondents, copies of the suicide note and

inquest report have been filed. The inquest report is in Marathi

language and the suicide note is not legible. Hence, we hereby direct

the respondents to file typed copy and English translation of the same

on the next date fixed.




Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

M.A. No. 1270 of 2017


Sandeep Kumar Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


21.12.2017



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

Shri Kaushik Chatterjee, learned counsel for the respondents.

Learned counsel for the respondents submits that he has received

copy of objection on condonation of delay and shall file it in registry

during course of the day. Replication, if any, may be filed by learned

counsel for the applicant within two weeks’, thereafter.




Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

M.A. No. 1484 of 2017 with M.A. No.1882 of 2017


Vijaypal Singh Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


21.12.2017




Shri DK Pandey, learned counsel for the respondents.

Learned counsel for the applicant prays for and is grated two

weeks’ further time to file replication to objection against the

application for condonation of delay filed by respondents.




Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

M.A. No. 1789 of 2017


Dilip Kumar Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


21.12.2017



Present: Shri Virendra Kumar Gupta, learned counsel for the

applicant and Shri Amit Jaiswal, learned counsel for the respondents.


weeks’ further 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.




Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 221 of 2015

Smt Moti Singh Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


21.12.2017



Present: Shri RP Singh Kuruvanshi, learned counsel for the

applicant and Shri Rajiv Pandey, learned counsel for the respondents.

Shri RP Singh Kuruvanshi, learned counsel for the applicant

prays some more time to produce certain documents related to the

case.

Accordingly, time prays for is granted.




Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

T.A. No. 18 of 2016

Balram Singh Petitioner In Person

Versus



Notes of the

Registry


20.12.2017



T.A. No. 18 of 2016, Balram Singh vs. Union of India & Others)

is dismissed.

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



Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

DY-No. 2684 of 2017

Inre: O.A. Nil of 2017

Smt Sandhya Ahirwar Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


20.12.2017



Memo of appearance filed by Dr Chet Narain Singh, Advocate on

behalf of the respondents is taken on record.

Present: Shri Om Prakash Kushwaha, learned counsel for the

applicant and Dr Chet Narain Singh, learned counsel for the

respondents.

Learned counsel for the applicant has submitted that this O.A. is

not maintainable before this Court and the same may be dismissed as

not pressed with liberty to seek remedy before the appropriate forum.

Accordingly, this O.A. is hereby dismissed with the aforesaid

liberty.



Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

M.A. No. 339 of 2016 with M.A. No. 1222 of 2016,

M.A. Nos. 2237 & 714 of 2017

Inre: O.A. Nil of 2016

Rati Bhan Yadav Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


20.12.2017




Shri Amit Sharma, learned counsel for the respondents.


weeks’ further time to file reply to the objection on the application for





Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

M.A. No. 1426 of 2017


Smt Prabhawati Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


20.12.2017




applicant and Shri Amit Jaiswal, learned counsel for the respondents.

Learned counsel for the respondents prays for further time to file

objection on the application for condonation of delay. As a last

opportunity, two weeks’ time is granted to the learned counsel for the

respondents to file objection on the application for condonation of

delay.




Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2


Smt Priyanka Mishra Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


20.12.2017



Present: Dr Shailendra Sharma Atal, learned counsel for the

respondents.

Adjournment is prayed on behalf of the respondent no.6 to file

her counter affidavit.


Meanwhile, counter affidavit may be filed by the respondent no.6



Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2


Meera Devi Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


20.12.2017



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

Counter affidavit on behalf of the respondents has been filed,

after providing a copy of the same to the learned counsel for the

applicant.


Meanwhile, rejoinder affidavit may be filed by the learned

counsel for the applicant, if she so wished.



Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 60 of 2016 with M.A. Nos. 1717, 2042, 2552 of 2016 &

M.A. No. 347 of 2017

Lt Col Mukesh Baboo Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


20.12.2017



Present: Shri Mukesh Baboo, In person and Shri Asheesh

Agnihotri, learned counsel for the respondents.

Counter affidavit filed today by the learned counsel for the

respondents is taken on record.


Meanwhile, rejoinder affidavit may be filed by the learned

counsel for the applicant.



Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. (A) No. 39 of 2017

Smt Sunita Singh W/o Abhishek Kumar Singh (In Custody) Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


20.12.2017



Vakalatname filed by Shri Shailendra Kumar Singh, Advocate,

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

counsel for the applicant when the case is listed next.

Present: Shri Shailendra Kumar Singh, learned counsel for the

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


weeks’ time to file rejoinder affidavit.




Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. (A) No. 420 of 2017

Mohd Meraj Khan (Through Wife Smt. Tarannum Nisha) Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


20.12.2017




applicant.

Adjournment prayed on behalf the respondents as Mrs. Appoli

Srivastava, learned counsel for the respondents has not come to the

Court due to out of station.

Accordingly, the case is adjourned for the day.




Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

T.A. No. 1 of 2014

Sarbeshwar Pattanaik Petitioner By Legal Practitioner for Petitioner

Versus



Notes of the

Registry


20.12.2017



Present: Shri Bhanu Pratap Singh, learned counsel for the

respondents.

None appears on behalf of the petitioner.

In this case, an adjournment application has been moved on

behalf of the petitioner. On the last date also an adjournment has been

prayed on behalf of the petitioner and the case was adjourned. Since

the matter pertains to the year 2006, the Court directed that he shall be

responsible for delay in disposal of the case.

Today, again an adjournment application has been filed by the

petitioner’s counsel. It is presumed that petitioner’s counsel does not

intent to contest the case and order shall be passed accordingly.




Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

T.A. No. 42 of 2016

Smt. Savitri Devi Petitioner By Legal Practitioner for Petitioner

Versus



Notes of the

Registry


20.12.2017



Present: Shri PN Chaturvedi, learned counsel for the petitioner

and Shri Virendra Singh, learned counsel for the respondents.

It is submitted on behalf of both the parties that pleadings are

complete and matter be listed for hearing.

Accordingly, list this case on 17.01.2018 for hearing.



Bench



Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

T.A. No. 20 of 2017

Dhananjay Kumar Petitioner By Legal Practitioner for Petitioner

Versus



Notes of the

Registry


20.12.2017



Present: Shri YR Sharma, learned counsel for the petitioner and


Learned counsel for the petitioner to provide copy of DCM

proceedings to learned counsel for the respondents.




Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 18 of 2014

Gokula Nand Pandey Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


20.12.2017




Mrs Anju Singh, learned counsel for the respondents.

Heard learned counsel for the parties.

Arguments concluded.

Judgment reserved.



Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 94 of 2014

Gyanendra Kumar Mishra Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


20.12.2017



Present: Shri VK Singh, Advocate holding brief of Shri KK

Misra, learned counsel for the applicant and Shri Anurag Mishra,


Shri VK Singh appeared on behalf of Shri KK Misra, learned

counsel for the applicant states that Shri KK Misra is not available

today and prays for adjournment of the case. Accordingly the case is

adjourned for the day.




Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 101 of 2016

Smt Madhubala Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


20.12.2017



Present: Shri VP Pandey, Advocate holding brief of Shri Diwakar

Singh, learned counsel for the applicant and Shri Sunil Sharma,


Shri VP Pandey appeared on behalf of Shri Diwakar Singh,

learned counsel for the applicant states that Shri Diwakar Singh is not

available today and prays for adjournment of the case. Accordingly the

case is adjourned for the day.




Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No.446 of 2017

Smt Meera Devi Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


20.12.2017



Present: Shri Bachchan Singh, learned counsel for the applicant

and Shri Amit Jaiswal, learned counsel for the respondents.

Vakalatnama filed by Shri Bachchan Singh, Advocate on behalf

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

counsel for the applicant, when the case listed next.

Shri Bachchan Singh, learned counsel for the applicant prays for

and is granted two week’s time to file rejoinder affidavit.


produce original documents pertaining to the case for perusal of the

Bench




Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. (A) No. 191 of 2014

Ravi Shankar Singh Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


20.12.2017





Synopsis filed by Shri PN Chaturvedi, learned counsel for the

applicant is taken on record.




Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

T.A. No. 6 of 2013

Zamir Ahmad Petitioner By Legal Practitioner for Petitioner

Versus



Notes of the

Registry


20.12.2017



Present: Col RN Singh (Retd), learned counsel for the petitioner


Learned counsel for the parties prays for adjournment of the case.

Accordingly the case is adjourned.




Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

T.A. No. 36 of 2013

Man Singh Petitioner

By Legal Practitioner for Petitioner

Versus



Notes of the

Registry


19.12.2017


Hon’ble Air Marshal BBP Sinha, Member (A)

Present: Col Rakesh Johri (Retd), learned counsel for the

petitioner and Shri Asheesh Agnihotri, learned counsel for the

respondents.



Judgment reserved.

(Air Marshal BBP Sinha) (Justice S.V.S. Rathore)

Member (A) Member (J) ukt

Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

M.A. No. 2268 of 2017 Inre O.A. No. 219 of 2016

Gp Capt Ajay Gaur Applicant

By Legal Practitioner for Applicant

Versus



Notes of the

Registry


19.12.2017



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

and Shri Yogesh Kesarwani, learned counsel for the respondents.

This case has been transferred from Court No. 1.

Heard learned counsel for the applicant on the application for

early hearing.

Learned counsel for the respondents submits that a similar

matter is listed for hearing on 09.01.2018.

With the consent of learned counsel for the parties, list this

case on 09.01.2018 for hearing.


produce original records pertaining to the case for perusal of the

Bench.


Member (A) Member (J) SB

Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 156 of 2016

Balavikraman Nair R Applicant


Versus



Notes of the

Registry


19.12.2017




applicant and Shri Asheesh Agnihotri, learned counsel for the

respondents.



two weeks’ further time to file counter affidavit. Rejoinder

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

within two weeks, thereafter.




Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 160 of 2016

Ram Naresh Ram Applicant


Versus



Notes of the

Registry


19.12.2017



Present: Shri P.K. Shukla, learned counsel for the applicant

and Shri R.C. Shukla, learned counsel for the respondents.



two weeks’ further time to produce original record in terms of

order dated 23.11.2017.

List this case on 31.01.2018 for hearing alongwith record of

T.A. No. 1459 of 2010.



Bench.



Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 92 of 2017

Jitendra Singh Pal Applicant


Versus



Notes of the

Registry


19.12.2017



Present: Shri Virendra Kumar Singh, learned counsel for the

applicant and Shri Asheesh Agnihotri, learned counsel for the

respondents.




Judgment reserved.



Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 112 of 2017

Bhim Singh Applicant


Versus



Notes of the

Registry


19.12.2017



Present: Shri V.P. Pandey, learned counsel for the applicant

and Shri G.S. Sikarwar, learned counsel for the respondents.




Judgment reserved.



Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 151 of 2017

Manish Shukla Applicant


Versus



Notes of the

Registry


19.12.2017



Present: Shri S.N. Singh Gaherwar, learned counsel for the

applicant and Shri Ashish Kumar Singh, learned counsel for the

respondents.


Learned counsel for the applicant prays for and is granted

two weeks’ further time to file rejoinder affidavit.




Bench.



Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2


Santa Singh Yadav Applicant


Versus



Notes of the

Registry


19.12.2017



Present: Shri R.N. Pandey, learned counsel for the applicant



M.A. No. 2244 of 2017

Counter affidavit filed by learned counsel for the

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

accordingly.






Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2


Yogesh Chandra Singh Yadav Applicant


Versus



Notes of the

Registry


19.12.2017



Present: Shri Yash Pal Singh, learned counsel for the

applicant and Shri A.K. Sahu, learned counsel for the

respondents.


M.A. No. 2228 of 2017



accordingly.



Judgment reserved.



Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 526 of 2017

Smt. Radha Devi Applicant


Versus



Notes of the

Registry


19.12.2017



Present: Shri V.P. Pandey, Advocate holding brief of Shri

K.K. Singh Bisht, learned counsel for the applicant and Shri

Ashish Saxena, learned counsel for the respondents.



two weeks’ further time to file counter affidavit. Rejoinder

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

within two weeks, thereafter.




Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

T.A. No. 6 of 2016 with M.A. No. 2285 of 2017

Uma Shanker Bhartiya Petitioner


Versus



Notes of the

Registry


19.12.2017



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

and Shri Anurag Mishra, learned counsel for the respondents.


M.A. No. 2285 of 2017



accordingly.

Learned counsel for the petitioner prays for and is granted





Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

T.A. No. 87 of 2016

Yuvraj Singh Petitioner


Versus



Notes of the

Registry


19.12.2017



Present: Shri Shailendra Kumar Singh, learned counsel for

the petitioner and Shri V.P.S. Vats, learned counsel for the

respondents.


Learned counsel for the petitioner prays for and is granted

two weeks’ time to file rejoinder affidavit.




Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

T.A. No. 59 of 2011 Alongwith O.A. (A) No. 81 of 2012

Hayat Singh Bankoti Petitioner


Versus



Notes of the

Registry


18.12.2017



Present: Dr. Ashish Asthana, Advocate holding brief of Shri

Lalit Kumar, learned counsel for the petitioner and Shri R.C.

Shukla, learned counsel for the respondents.


time to file supplementary counter affidavit in the Registry

during the course of day after providing a copy of the same to

learned counsel for the applicant.

Supplementary rejoinder affidavit, if any, may be filed by

learned counsel for the applicant within two weeks, thereafter.


Office is directed to show name of Shri R.C. Shukla, as

learned counsel for the respondents in place of Shri Asheesh

Agnihotri in the cause list.


Member (A) Member (J) anb

Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

T.A. No. 64 of 2016

Surendra Vavu Petitioner


Versus



Notes of the

Registry


18.12.2017



Present: Shri Yash Pal Singh, Advocate holding brief of

Mohd Shariq Khan, learned counsel for the petitioner and Shri

Yogesh Kesarwani, learned counsel for the respondents.

Learned counsel for the petitioner prays for adjournment of

the case to enable him to file Bench Copy and rejoinder affidavit.

He may do so within two weeks.




Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 266 of 2012

Shubhash Chand Applicant


Versus



Notes of the

Registry


18.12.2017



Present: Shri Shailendra Kumar Singh, learned counsel for

the applicant and Shri G.S. Sikarwar, learned counsel for the

respondents.

Learned counsel for the applicant prays for time to file

synopsis and the case law on which he intends to place reliance.

List this case on 15.01.2018 for hearings.



Bench.



Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2


Mohan Singh Applicant


Versus



Notes of the

Registry


18.12.2017



Present: Shri V.P. Pandey, Advocate holding brief of Shri

KK Singh Bisht, learned counsel for the applicant and Shri Amit

Sharma & Shri D.S. Tiwari, learned counsel for the respondents.


two weeks’ time to file rejoinder affidavit.

List this case on 12.01.2018 for hearing alongwith M.A. No.

1056 of 2017.



Bench.



Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 159 of 2017 with M.A. No. 1810 & 2269 of 2017

Smt. Maha Kali Applicant


Versus



Notes of the

Registry


18.12.2017



Present: None for the applicant and Mrs. Deepti Prasad

Bajpai, learned counsel for the respondents.

M.A. No. 2269 of 2017

Rejoinder affidavit filed on behalf of learned counsel for the

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

accordingly.




Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

T.A. No. 38 of 2012

Subhash Chandra Singh Petitioner


Versus



Notes of the

Registry


18.12.2017



Present: Shri Yash Pal Singh, learned counsel for the

petitioner and Mohd Zafar Khan, learned counsel for the

respondents.

Today, this T.A. was listed for hearing. However, learned

counsel for the petitioner prays for and is granted two weeks’

time to file synopsis, written submission and case law on which

he intends to place reliance.




Bench.



Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

T.A. No. 82 of 2012

Mahavir Singh Rawat Petitioner


Versus



Notes of the

Registry


18.12.2017



Present: Shri P.N. Chaturvedi, learned counsel for the

petitioner and Shri R.K.S. Chauhan, learned counsel for the

respondents.

As prayed by learned counsel for the petitioner, list this case

on 05.01.2018 for hearing.



Bench.



Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

T.A. No. 38 of 2016

Kripal Singh Petitioner


Versus



Notes of the

Registry


18.12.2017



Present: Shri Rohit Kumar, learned counsel for the

petitioner and Shri R.K.S. Chauhan, learned counsel for the

respondents.

Learned counsel for the petitioner prays for and is granted a

week’s time to submit copies of judgments on which he intends

to place reliance.




Bench.



Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 473 of 2017

Amit Kumar Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


18.12.2017



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


Learned counsel for the respondents prays for and is granted two

weeks’ further time to file counter affidavit.


(Air Marshal B.B.P. Sinha) (Justice S.V.S.Rathore)

Member (A) Member (J)

PKG

Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

DY-No. 829 of 2017


Prabhat Singh Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


18.12.2017



Present: Shri Sarvesh Kumar Pandey, learned counsel for the

applicant and Ms Deepti P Bajpai, learned counsel for the respondents.

Learned counsel for the respondents prays for and is granted one

week’s further time to file objection on the application for



(Air Marshal B.B.P. Sinha) (Justice S.V.S.Rathore)


PKG

Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

M.A. No. 255 of 2017


Sanjay Kumar Singh Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


18.12.2017




Mrs Appoli Srivastava, learned counsel for the respondents.

Learned counsel for the applicant prays for and is granted one

week’s time to file reply to the objection filed by the learned counsel

for the respondents on the application for condonation of delay.




PKG

Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

M.A. No.1583 of 2017


Sep Driver Vijay Amrit Singh Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


18.12.2017




Shri Asheesh Agnihotri, learned counsel for the respondents.


weeks’ time to file reply to the objection on the application for





PKG

Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

M.A. No.1678 of 2017


Smt Vinita Singh Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


18.12.2017



Present: Shri SK Singh, learned counsel for the applicant and Dr


Learned counsel for the respondents submits that he shall file

objection on the application for condonation of delay during the

course of the day.


Meanwhile, the learned counsel for the applicant may file reply to

the objection, if he so wished.



PKG

Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 241 of 2015

Arjun Singh Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


18.12.2017



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

Mrs Deepti P Bajpai, learned counsel for the respondents.

Learned counsel for the respondents has filed his counter

affidavit, which is taken on record.

Learned counsel for the applicant has submitted that the counter

affidavit has already been filed and he has also filed rejoinder affidavit

to the said counter affidavit. The counter affidavit, as filed by the

learned counsel for the respondents, is not on record. Therefore, we

call for a report from the Registry whether any counter affidavit has

earlier been filed on 20.12.2016 or not?

List this case on 23.02.2018 for report of the Registry.



PKG

Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2


Shyam Sunder Mishra Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


18.12.2017



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


On behalf of the respondents, report of the Central Forensic

Science Laboratory, Chandigarh in sealed cover filed today, is taken

on record.


On the date fixed, parties shall file compilation of case law and

chart of events. Original record shall also be produced by the

respondents on the date fixed.



PKG

Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 207 of 2016 with M.A. Nos. 22 & 48 of 2017

Sushila Kumari Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


18.12.2017



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

Mrs Appoli Srivastava and Shri Sharad Kumar Shukla, learned

counsel for the respondents.

Reply to the objection dated 17.11.2017 and reply to the

supplementary objection dated 17.11.2017 filed today on behalf of the

respondent no.6 are taken on record.

Learned counsel for the applicant prays for time to go through it.

List this case on 22.01.2018 for hearing of the impleadment

application.



PKG

Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 213 of 2016

Suresh Singh Chauhan Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


18.12.2017




applicant and Shri Kaushik Chatterjee, learned counsel for the

respondents.

Cost of Rs.500/- has already been deposited by the applicant.

The Original Application is restored to its original number on

deposit of the cost.

It is informed by the learned counsel for the applicant that

pleadings are complete.


On the date fixed, parties shall file compilation of case law and

chart of events. Original record shall also be produced by the

respondents on the date fixed.



PKG

Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 23 of 2017

Rajendra Pal Singh Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


18.12.2017



Case called out.


applicant and Shri Shyam Singh, learned counsel for the respondents.

On the last date i.e. 16.11.2017, it was argued by the learned

counsel for the applicant that the applicant is continuing in service, but

his salary is not being paid by the respondents. Therefore, we had

directed the respondents to seek instructions whether the salary is

being paid to the applicant and, if not, reason therefor.

In pursuance of the aforesaid order, it has been informed by the

learned counsel for the respondents that an interim order had been

passed by this Tribunal in this O.A. on 31.01.2017, wherein it was

only directed that the discharge of the applicant shall be subject to

further orders by this Court. It is submitted that the said order has

wrongly been interpreted by the authorities concerned and in

pursuance of the said order, an order dated 28th

February 2017 has

been passed, whereby the discharge of the applicant was withheld till

further directions.

Learned counsel for the applicant has filed a supplementary

affidavit today, which is taken on record, whereby he has annexed his

movement orders and the order dated 28th

February 2017 and also

order dated 31.01.2017.

It is submitted by the learned counsel for the respondents that the

order dated 28th

February 2017 was an absolutely incorrect

interpretation of the order passed by this Tribunal on 31.01.2017. It is

submitted that no salary to the applicant could be paid because the

applicant has already been paid his retiral dues after his discharge and

unless and until he pays back the said amount, his salary cannot be

paid.

Learned counsel for the applicant has submitted that the matter

may be finally disposed of and a short date may be fixed for disposal

of this case.




PKG

Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 95 of 2017

Gaganjot Kaur Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


18.12.2017



Present: Maj RD Singh (Retd), learned counsel for the applicant

and Shri Sunil Sharma, learned counsel for the respondents.

List this case on 20.12.1017 for orders before the appropriate

Bench.



PKG

Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2


Jagirman Rai Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


18.12.2017



Present: Mrs Kavita Belaura, learned counsel for the applicant

and Shri VPS Vats, learned counsel for the respondents.

As prayed by learned counsel for the respondents four weeks

further time is granted to file objection on delay condonation

application as a last opportunity.


weeks time to file replication to the objection.




RS/*

Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 81 of 2017

Mohd Akhtar Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


18.12.2017






week’s further time to file counters affidavit as a last opportunity.

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

applicant within two week’s thereafter.




RS/*

Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 175 of 2017

Kamakhya Harijan Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


18.12.2017



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

Shri AK Sahu, learned counsel for the respondents.

Counter affidavit filed by learned counsel for the respondents is

taken on record.

Learned counsel for the applicant prays for and is granted granted

two week’s time to file rejoinder affidavit.




RS/*

Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 274 of 2017

Shahmatul Nisha Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


18.12.2017



Present: Shri Ram Dheeraj Yadav, learned counsel for the

applicant and Mrs Deepti P Bajpai, learned counsel for the

respondents.


week’s further time to file counter affidavit. Rejoinder affidavit, may

be filed by learned counsel for the applicant with two week’s

thereafter.




RS/*

Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 481 of 2017

Laxman Singh Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


18.12.2017



Present: Col RN Singh (Retd), learned counsel for the applicant

and Shri Kaushik Chatterjee, learned counsel for the respondents.


week’s further time to file counter affidavit. Rejoinder affidavit, may

be filed by learned counsel for the applicant with two week’s

thereafter.




RS/*

Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

T.A. No. 17 of 2010

Smt Suman Devi & Others Petitioners By Legal Practitioner for Petitioners

Versus



Notes of the

Registry


18.12.2017



Present: Shri PN Chaturvedi, learned counsel for the petitioner


Amended copy of the T.A. filed by the learned counsel for the

petition is taken on record.




RS/*

Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 247 of 2015

Meera Devi Applicant By Legal Practitioner for Applicant

Versus



Notes of the Registry Orders of the

Tribunal

15.12.2017

Court No. 2 shall not be assembling today i.e. 15 Dec 2017,

due to Hon’ble Member (J) being on leave.


I/C Registrar

RS/*

Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No.105 of 2016 with M.A. No. 1216 of 2017

Lt Col Rajeev Bhola Applicant By Legal Practitioner for Applicant

Versus




Tribunal

15.12.2017




I/C Registrar

RS/*

Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. (A) No. 420 of 2017

Mohd Meraj Khan (Through Wife Smt Tarannum Nisha) Applicant By Legal Practitioner for Applicant

Versus




Tribunal

15.12.2017




I/C Registrar

RS/*

Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

T.A. No. 6 of 2014

Sepoy Ramesh Prasad Petitioner By Legal Practitioner for Petitioner

Versus




Tribunal

15.12.2017




I/C Registrar

RS/*

Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 94 of 2014

Gyanendra Kumar Mishra Applicant By Legal Practitioner for Applicant

Versus




Tribunal

15.12.2017




I/C Registrar

RS/*

Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 101 of 2016

Smt Madhubala Applicant By Legal Practitioner for Applicant

Versus




Tribunal

15.12.2017




I/C Registrar

RS/*

Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. (A) No. 191 of 2014

Ravi Shankar Singh Applicant By Legal Practitioner for Applicant

Versus




Tribunal

15.12.2017



List this case on 20.12.2017 for heaing.

I/C Registrar

RS/*

Form No. 4

[See rule 11(1)]

ORDER SHEET


Case listed in Court No. 2 taken up in Court No. 1

M.A. No. 2222 of 2017


Smt Mithlesh Devi Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


14.12.2017

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


Memo of appearance filed by Shri Sunil Sharma, Advocate, on

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

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


applicant and Shri Sunil Sharma, learned counsel for the respondents.

M.A. No. 2222 of 2017

This is an application under Section 5 of the Indian Limitation

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

condoning the delay in filing the O.A, which as per office report, is

delayed by 02 years, 11 months and 15 days. Copy of this application

has been served upon the learned Standing Counsel for the

respondents on 01.12.2017.

Learned Standing Counsel appearing for the respondents prays

for and is granted four weeks’ time to file objection to the delay

condonation application. Replication, if any, may be filed by the

learned counsel for the applicant within two weeks, thereafter.


(Air Marshal B.B.P. Sinha) (Justice D.P. Singh)


RS/*

Form No. 4

[See rule 11(1)]

ORDER SHEET



M.A. No. 2231 of 2017 with M.A. No. 2232 of 2017

Inre: O.A. No. 34 of 2016

Union of India & Others Applicant By Legal Practitioner for Applicant

Versus

Sabhajit Singh Respondents


Notes of the

Registry


14.12.2017



Present: Mrs Deepti P Bajpai, learned counsel for the applicant

. M.A. No. 2231 of 2017

This is an application for condonation of delay in moving the

application under section 31(2) of the Armed Forces Tribunal Act

2007 for grant of leave to appeal against the judgment and order dated

22.08.2017, passed by this Court in O.A. No. 34 of 2016.

As per stamp reporter’s report, there is delay of 02 months and 19

days in filing the application for leave to appeal. Section 31 (2) of the

Armed Forces Tribunal Act 2007 provides that the application for

leave to appeal shall be made for approaching Hon’ble Supreme Court

within a period of 30 days beginning with the date of decision of the

Tribunal. Apart from it, we have also gone through the grounds and

reasons indicated in the affidavit filed in support of the application. In

our considered opinion, the grounds urged in support of the prayer for

grant of leave to appeal do not appear to be germane in view of the

law laid down by the Hon’ble Supreme Court in Office of the Chief

Post Master General and others vs Living Media India Ltd and

another reported in 2012 STPL (LE) 46200 SC in which the Hon’ble

Supreme Court has observed as under:

“Condonation of delay is an exception and should not be used as an

anticipated benefit for government departments” and since “the claim

on account of impersonal machinery and inherited bureaucratic

methodology of making several notes cannot be accepted in view of the

modern technologies being used and available. The law of limitation

undoubtedly binds everybody including the Government.”

The Hon’ble Supreme Court further observed as under :

“Since the person(s) concerned were well aware or conversant with

the issues involved including the prescribed period of limitation

……..They cannot claim that they have a separate period of limitation

when the Department was possessed with competent persons familiar

with court proceedings”.

In view of the decision of the Hon’ble Supreme Court in the

aforesaid case, the application for condonation of delay cannot be

entertained and it is hereby rejected.

M.A.No. 2232 of 2017

This is an application under section 31 (1) of the Armed Forces

Tribunal Act 2007 for grant of leave to appeal, having been moved by

the applicant beyond the period of 30 days. Since the application for

condonation of delay in moving this application has been rejected, in

consequence thereof, this application is also liable to be rejected.

Even otherwise also, we find that the matter pertains to grant of

disability pension but we do not find any point of law of general

public importance involved in the decision so as to grant leave to

appeal. Accordingly, this application is also rejected.



RS/*

Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No.164 of 2017 with M.A. No. 1964 of 2017

Smt Asha Devi Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


14.12.2017



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

Shri Arun Kumar Sahu, learned counsel for the respondents.


week’s time to file rejoinder affidavit.




RS/*

Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No. 217 of 2017

Brijesh Kumar Pandey Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


14.12.2017



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

Shri Amit Jaiswal, learned counsel for the respondents.


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

learned counsel for the applicant within in two week’s thereafter.




Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No. 489 of 2017

Smt Monika Tiwari Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


14.12.2017




applicant and Shri Rajiv Pandey, learned counsel for the respondents.


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

filed by learned counsel for the applicant within in two week’s

thereafter.




Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No. 237 of 2011

Vijai Shankar Yadav Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


14.12.2017



Present: Shri Sudhir Kumar Singh, learned counsel for the

applicant and Shri GS Sikarwar, learned counsel for the respondents.

It has been submitted by learned counsel for the applicant that

hearing is almost concluded by the bench presided over by Hon’ble

Justice SVS Rathore and Hon’ble Lt Gen Gyan Bhushan. Learned

counsel for the respondents prays for and is granted four week’s

further time to file response of judgment filed by learned counsel for

the applicant.




Bench.



Form No. 4

[See rule 11(1)]

ORDER SHEET



T.A. No. 6 of 2013

Zamir Ahmad Petitioner By Legal Practitioner for petitioner

Versus



Notes of the

Registry


14.12.2017



Present: Col RN Singh (Retd), learned counsel for the petitioner


Learned counsel for the respondents prays for and is granted a

week’s time to prepare brief of the case.




Form No. 4

[See rule 11(1)]

ORDER SHEET


Court No. 2

O.A. No. 21 of 2015

Major Saurabh Dutt Applicant In Person

Versus



Notes of the

Registry


08.12.2017



O.A. No. 21 of 2015 (Major Saurabh Dutt vs. Union of India &

Others) is disposed of.

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



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