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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. 23 of 2017
Rajendra Pal Singh Applicant By Legal Practitioner for the Applicant
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
21.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A) Judgment pronounced.
Original Application No. 23 of 2017 is partially allowed.
For orders, see our judgment and order of date passed on
separate sheets.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
M.A No. 847 of 2018 with M.A. No. 859 of 2018 In re: O.A. No. 221 of 2016
Union of India & Others Applicant-Respondents By Legal Practitioner for the Applicant-Respondents
Versus
Pramod Singh Respondent-Applicant By Legal Practitioner for Respondent-Applicant
Notes of the Registry
Orders of the Tribunal
21.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri R.C. Shukla, Ld. Counsel for the applicant-
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
M.A.No 847 of 2018
This is an Application under section 30 (1) of the Armed Forces
Tribunal Act seeing leave to appeal vis-à-vis the order of the Tribunal
dated 31.01.2018.
According to the office report, the Application for leave to Appeal
has been moved after expiry of statutory period, it being barred by 15
days.
It is well settled that the Tribunal lacks jurisdiction to condone the
delay for want of any enabling provisions in the Armed Forces Tribunal
Act, 2007. Hence the Application for condonation of delay is not
maintainable and is rejected.
M.A.No.859 of 2018
Since Application for condonation of delay has been rejected as
not maintainable being barred by time, in consequence, the Application
for leave to appeal is also rejected.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) MH
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
M.A No. 2218 of 2017 In re: O.A. No. Nil of 2017 Lok Kumari Chitaure Rana Applicant By Legal Practitioner for the Applicant
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
21.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri V.P. Pandey, Ld. Counsel for the applicant
and Mrs Amrita Chakraborty, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Despite time having been granted, reply to objection has
not been filed in terms of earlier order.
Learned counsel for the Applicant prays for further time to
file reply to the objection.
List this case on 07.05.2018 for orders.
In the meanwhile, reply to objection may be filed.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) MH
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
M.A No. 69 of 2018 In re: O.A. No. Nil of 2017 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
21.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Memo of appearance filed today in Court by Shri Amit
Jaiswal as counsel for the respondents is taken on record. Let
his name be shown as counsel for the respondents when the
case is next listed.
Present: Shri V.A. Singh, Ld. Counsel for the applicant and
Shri Amit Jaiswal, Ld. Counsel for the respondents, assisted by
Maj Salen Xaxa, OIC Legal Cell.
Fresh application for condonation of delay has been filed
on behalf of the applicant.
Learned counsel for the respondents prays for and is
granted four weeks time to file objection to the application for
condonation of delay. Replication if any, may be filed within two
weeks next thereafter.
List this case on 03.05.2018 for orders.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) MH
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1 O.A No. 526 of 2017
Smt Radha Devi Applicant By Legal Practitioner for the Applicant
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
21.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: None for the applicant and Shri Ashish Saxena,
Ld. Counsel for the respondents, assisted by Maj Salen Xaxa,
OIC Legal Cell.
Learned counsel for the respondents prays for further time
to file counter affidavit.
List this case on 09.05.2018 for orders.
In the meanwhile, counter affidavit may be filed.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) MH
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
O.A No. 79 of 2018 with M.A. No. 802 of 2018 Smt Raj Kumari Applicant By Legal Practitioner for the Applicant
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
21.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Amit Kumar holding brief of Shri B.B. Tripathi, Ld.
Counsel for the applicant and Shri Virendra Singh, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
M.A.No 802 of 2018.
This is an Application seeking substitution of heirs of the
Applicant Smt Raj Kumari who died on 25.01.2018 during pendency
of the O.A.
The Application aforesaid is allowed and the heirs of the
Applicant namely 1/1 Ashok Kumar son of Sri Pratap Singh Chauhan
and ½ Satish Kumar Chauhan son of Sri Pratap Singh both residents
of resident of village Mandak PO Hetalpur District Aligarh U.P. are
ordered to be substituted in the array of the parties.
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 next thereafter.
List this case on 18.05.2018 for orders.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) MH
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
O.A No. 85 of 2018 Smt Sarita Devi Applicant By Legal Practitioner for the Applicant
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
21.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Ashok Kumar, Ld. Counsel for the applicant
and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Counter affidavit in terms of earlier order has not been
filed.
Learned counsel for the respondents prays for and is
granted two weeks’ further time to file counter affidavit. Rejoinder
affidavit, if any, may be filed within two weeks next thereafter.
List this case on 08.05.2018 for orders.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) MH
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1 O.A No. 195 of 2010
Anil Kumar Arya Applicant By Legal Practitioner for the Applicant
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
21.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Lalit Kumar, Ld. Counsel for the applicant
and Dr. Gyan Singh, Ld. Counsel for the respondents, assisted
by Maj Salen Xaxa, OIC Legal Cell.
In terms of the order dated 15.11.2017 seven days’ time
was allowed to the respondents to carry out amendment in their
counter affidavit. Again, vide order dated 22.02.2018, the learned
counsel for the respondents was directed to carry out the
amendment during the course of the day. Today also, when the
case was taken up, it transpired that the requisite amendment
has not been carried out. It is a sorry state of affairs that the
learned counsel for the respondents has not incorporated the
amendment in compliance of the orders of the Court and today
has prayed for further time to do the needful.
It is a very old case pertaining to the year 2010. Hence we
direct the respondents to carry out the amendment in the counter
affidavit during the course of the day positively.
List this case for hearing on 23.03.2018.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) MH
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
O.A. No. 77 of 2016
Brig SK Sharma (Retd) Applicant By Legal Practitioner for the Applicant
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
21.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri S.S. Rajawat, Ld. Counsel for the applicant
and Shri Sunil Sharma, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Learned counsel for the Applicant prays for adjournment of
the case submitting that the case involving similar points as
involved in the instant case is subjudice before the Apex Court.
List this case on 25.05.2018 for orders.
In the meanwhile, counter affidavit may be filed.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) MH
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1 O.A. No. 159 of 2017
Smt Maha Kali Applicant By Legal Practitioner for the Applicant
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
21.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri R.K.Mishra, Ld. Counsel for the applicant
and Ms Deepti P. Bajpai, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
It is informed across the bar that the name of the learned
counsel for the Applicant has been erroneously shown in the list
as Shri K.K.Shrivastava while the applicant is represented by
Shri R.K.Mishra, Advocate.
In view of the above the case is adjourned today and it is
directed that the office shall ensure that correct name of the
learned counsel for the Applicant is printed when the case is next
listed.
List this case on 08.05.2018 for hearing.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) MH
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
O.A. No. 614 of 2017 with M.A. No. 440 of 2018
Smt Poonam Devi Applicant By Legal Practitioner for the Applicant
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
21.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri R. Chandra, Ld. Counsel for the applicant
and Shri Ramesh Chandra Shukla, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Learned counsel for the Applicant prays for further time to
file rejoinder affidavit.
List this case on 18.05.2018 for hearing.
In the meanwhile, rejoinder affidavit may be filed.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) MH
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
M.A No. 826 of 2018 In re: O.A. No. Nil of 2018 Ugrasen 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
20.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Memo of appearance filed by Shri Yogesh Kesarwani,
Advocate, on behalf of the respondents is taken on record. His
name be shown in the cause list as counsel for the respondents
when the case is listed.
Present: Shri V.A. Singh, Ld. Counsel for the applicant and
Shri Yogesh Kesarwani, learned counsel for the respondents.
There is delay of more than one year in filing the present
O.A. Applicant has also filed an application for condonation of
delay in filing the O.A. Learned counsel for the respondents is
granted four weeks time to file objection on delay condonation
application. Applicant shall have two weeks’ time thereafter to file
reply to the objection to be filed by the respondents.
List this case on 23.05.2018 for hearing and orders on
delay condonation application.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
M.A No. 724 of 2018 with M.A. No. 725 of 2018 In re: O.A. No. 44 of 2017
Union of India & Others Applicant-Respondents By Legal Practitioner for the Applicant-Respondents
Versus
Shivanand Pandey Respondent-Applicant By Legal Practitioner for Respondent-Applicant
Notes of the Registry
Orders of the Tribunal
20.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Arun Kumar Sahu, Ld. Counsel for the
applicant-respondents.
M.A. No. 724 of 2018
This is an application for condonation of delay under
Section 5 of the Limitation Act in filing application for leave to
appeal. The application has been preferred after lapse of
statutory period. The Tribunal lacks jurisdiction to condone the
delay. In view of above, application for condonation of delay in
filing application for leave to appeal is rejected.
M.A. No. 725 of 2018
Since application for condonation of delay has been
rejected, in consequence thereof, application for leave to appeal
is also rejected.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
M.A No. 726 of 2018 with M.A. No. 727 of 2018 In re: O.A. No. 562 of 2017
Union of India & Others Applicant-Respondents By Legal Practitioner for the Applicant-Respondents
Versus
Gulab Chandra Respondent-Applicant By Legal Practitioner for Respondent-Applicant
Notes of the Registry
Orders of the Tribunal
20.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Arun Kumar Sahu, Ld. Counsel for the
applicant-respondents.
M.A. No. 726 of 2018
This is an application for condonation of delay under
Section 5 of the Limitation Act in filing application for leave to
appeal. The application has been preferred after lapse of
statutory period. The Tribunal lacks jurisdiction to condone the
delay. In view of above, application for condonation of delay in
filing application for leave to appeal is rejected.
M.A. No. 727 of 2018
Since application for condonation of delay has been
rejected, in consequence thereof, application for leave to appeal
is also rejected.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
M.A No. 731 of 2018 with M.A. No. 732 of 2018 In re: O.A. No. 123 of 2010
Union of India & Others Applicant-Respondents By Legal Practitioner for the Applicant-Respondents
Versus
Durgawati Singh Respondent-Applicant By Legal Practitioner for Respondent-Applicant
Notes of the Registry
Orders of the Tribunal
20.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri G.S. Sikarwar, Ld. Counsel for the applicant-
respondents.
M.A. No. 731 of 2018
This is an application for condonation of delay under
Section 5 of the Limitation Act in filing application for leave to
appeal. The application has been preferred after lapse of
statutory period. The Tribunal lacks jurisdiction to condone the
delay. In view of above, application for condonation of delay in
filing application for leave to appeal is rejected.
M.A. No. 732 of 2018
Since application for condonation of delay has been
rejected, in consequence thereof, application for leave to appeal
is also rejected.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
M.A No. 741 of 2018 with M.A. No. 742 of 2018 In re: O.A. No. 35 of 2017
Union of India & Others Applicant-Respondents By Legal Practitioner for the Applicant-Respondents
Versus
Riyasat Ali Respondent-Applicant By Legal Practitioner for Respondent-Applicant
Notes of the Registry
Orders of the Tribunal
20.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Mrs Anju Singh, Ld. Counsel for the applicant-
respondents.
M.A. No. 741 of 2018
This is an application for condonation of delay under
Section 5 of the Limitation Act in filing application for leave to
appeal. The application has been preferred after lapse of
statutory period. The Tribunal lacks jurisdiction to condone the
delay. In view of above, application for condonation of delay in
filing application for leave to appeal is rejected.
M.A. No. 742 of 2018
Since application for condonation of delay has been
rejected, in consequence thereof, application for leave to appeal
is also rejected.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
M.A No. 746 of 2018 with M.A. No. 747 of 2018 In re: O.A. No. 573 of 2017
Union of India & Others Applicant-Respondents By Legal Practitioner for the Applicant-Respondents
Versus
Kamta Prasad Respondent-Applicant By Legal Practitioner for Respondent-Applicant
Notes of the Registry
Orders of the Tribunal
20.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Dr. Chet Narayan Singh, Ld. Counsel for the
applicant-respondents.
M.A. No. 746 of 2018
This is an application for condonation of delay under
Section 5 of the Limitation Act in filing application for leave to
appeal. The application has been preferred after lapse of
statutory period. The Tribunal lacks jurisdiction to condone the
delay. In view of above, application for condonation of delay in
filing application for leave to appeal is rejected.
M.A. No. 747 of 2018
Since application for condonation of delay has been
rejected, in consequence thereof, application for leave to appeal
is also rejected.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
M.A No. 808 of 2018 with M.A. No. 809 of 2018 In re: O.A. No. 228 of 2015
Ramesh Chandra Dixit Applicant By Legal Practitioner for the Applicant
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
20.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Applicant in person and Dr. Shailendra Sharma
Atal, Ld. Counsel for the respondents.
M.A. No. 808 of 2018 with M.A. No. 809 of 2018
This is an application for recall of the order dated
04.01.2018, filed after a delay of 24 days, accompanied with an
application for condonation of delay. Respondents are directed
to file objection, if any, by the next date fixed.
List this case for orders on 13.04.2018.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1 O.A No. 101 of 2016
Smt Madhubala Applicant By Legal Practitioner for the Applicant
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
20.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Diwakar Singh, Ld. Counsel for the applicant
and Shri Sunil Sharma, Ld. Counsel for the respondents,
assisted by Wg Cdr Sardul Singh, OIC Legal Cell.
In order to arrive at an appropriate decision in this case, it
is necessary to bring on record the details of the payment made
to the applicant in different heads. Accordingly, learned counsel
for the respondents is directed to file details of the payment
made to the applicant in different heads including DLI.
Additionally a copy of the P.P.O. issued to the legal wife is also
to be enclosed. It is further directed that the respondents shall
also explain the normal time taken for various payments after
death in service vis-a-vis the delay in making these payments to
the applicant.
List this case for hearing on 19.04.2018.
Let copy of this order be given to the learned counsel for
the parties on payment of usual charges today itself.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
M.A No. 810 of 2018 In re: O.A. No. Nil of 2018
Smt Mina 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
19.03.2018 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 in the cause list as counsel for the respondents
when the case is listed.
Present: Shri Parijaat Belaura, Ld. Counsel for the
applicant and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
There is delay of more than 11 years in filing the present
O.A. Learned counsel for the respondents is granted four weeks
time to file objection on delay condonation application. Applicant
shall have two weeks’ time thereafter to file reply to the objection
to be filed by the respondents.
List this case on 18.05.2018 for hearing and orders on
delay condonation application.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
Ex-A No. 50 of 2018 In re: O.A No. 443 of 2017
Nitin Kumar Sharma Applicant By Legal Practitioner for the Applicant
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
19.03.2018 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 in the cause list as counsel for the respondents
when the case is listed.
Present: Shri K.K. Mishra, Ld. Counsel for the applicant
and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
This is an application for execution of the order dated
13.10.2017, whereby a direction was given to the respondents to
decide the representation of the applicant. Learned counsel for
the respondents prays for time to seek instructions in the matter.
List this case on 01.05.2018 for orders.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
M.A No. 220 of 2018 In re: O.A. No. Nil of 2018
Smt Shiv Kumari 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
19.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri V.P. Pandey, Ld. Counsel for the applicant
and Shri Ashish Kumar Singh, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Adjournment is prayed on behalf of the respondents to file
objection on application for condonation of delay.
List this case on 26.04.2018 for hearing on application for
condonation of delay.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
M.A No. 789 of 2018 with M.A. No. 790 of 2018
In re: O.A. No. 221 of 2017 Union of India & Others Applicant-Respondents By Legal Practitioner for the Applicant-Respondents
Versus
Lt Col Om Prakash Singh (Retd) Respondent-Applicant By Legal Practitioner for Respondent-Applicant
Notes of the Registry
Orders of the Tribunal
19.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Ashish Kumar Singh, Ld. Counsel for the
applicant-respondents, assisted by Maj Salen Xaxa, OIC Legal
Cell.
M.A. No. 789 of 2018
This is an application for condonation of delay under
Section 5 of the Limitation Act in filing application for leave to
appeal. The application has been preferred after lapse of
statutory period. The Tribunal lacks jurisdiction to condone the
delay. In view of above, application for condonation of delay in
filing application for leave to appeal is rejected.
M.A. No. 790 of 2018
Since application for condonation of delay has been
rejected, in consequence thereof, application for leave to appeal
is also rejected.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
M.A No. 804 of 2018 with M.A. No. 805 of 2018
In re: T.A. No. 1402 of 2010 Union of India & Others Petitioner-Respondents By Legal Practitioner for the Petitioner-Respondents
Versus
Anurag Singh Respondent-Petitioner By Legal Practitioner for Respondent-Petitioner
Notes of the Registry
Orders of the Tribunal
19.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Namit Sharma, Ld. Counsel for the petitioner-
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
M.A. No. 804 of 2018
This is an application for condonation of delay under
Section 5 of the Limitation Act in filing application for leave to
appeal. The application has been preferred after lapse of
statutory period. The Tribunal lacks jurisdiction to condone the
delay. In view of above, application for condonation of delay in
filing application for leave to appeal is rejected.
M.A. No. 805 of 2018
Since application for condonation of delay has been
rejected, in consequence thereof, application for leave to appeal
is also rejected.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
M.A No. 2159 of 2017 In re: O.A. No. Nil of 2017
Kumari Dilmaya Somai Magar Applicant By Legal Practitioner for the Applicant
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
19.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Ved Prakash Pandey, Ld. Counsel for the
applicant and Shri Namit Sharma, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Learned counsel for the applicant prays for short
adjournment to file reply to the objection filed by the respondents
to the delay condonation application.
List this case on 23.04.2018 for hearing on delay
condonation application.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
M.A No. 457 of 2018 with M.A. No. 458 of 2018 In re: D.Y. No. 1569 of 2017
Durga Singh Panchpal Applicant By Legal Practitioner for the Applicant
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
19.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Vinay Pandey, Ld. Counsel for the applicant
and Shri Shyam Singh, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Last opportunity is granted to the respondents to file
objection on the application for condonation of delay.
List this case on 20.04.2018 for hearing on delay
condonation application.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
O.A No. 104 of 2016 with M.A. No. 476 of 2018 Smt Pankaj 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
19.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Memo of appearance filed by Shri D.C. Lohumi, Advocate,
on behalf of the respondent no.7 is taken on record. His name be
shown in the cause list as counsel for the respondent no. 7 when
the case is listed.
Present: Shri S.K. Pandey, Ld. Counsel for the applicant,
Shri Sunil Sharma, Ld. Counsel for the respondents, assisted by
Maj Salen Xaxa, OIC Legal Cell and Shri D.C. Lohumi, Advocate
for the respondent no.7.
Learned counsel for the applicant is directed to provide
copy of the O.A. alongwith its Annexures to Shri D.C. Lohumi,
learned counsel for the newly impleaded respondent no.7.
Application bearing M.A. No. 476 of 2018 moved by the
applicant for extension of time dated 19.02.2018 is allowed.
Application dated 07.02.2018 moved on behalf of the
applicant through Ms Nisha Pandey, Advocate for permission to
have the file for making impleadment is misconceived and is
rejected accordingly.
List this case on 07.05.2018 for orders.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in 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
19.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri R.K. Mishra, learned counsel for the
applicant and Ms Soma Pandey, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Learned counsel for the applicant prays for further time to
file rejoinder affidavit.
List this case on 09.05.2018 for orders.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
O.A. No. 81 of 2017 with M.A. No. 149 of 2018
Mohd Akhtar Applicant By Legal Practitioner for the Applicant
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
19.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri V.P. Pandey, Ld. Counsel for the applicant
and Shri D.K. Pandey, Ld. Counsel for the respondents, assisted
by Maj Salen Xaxa, OIC Legal Cell.
On the last date learned counsel for the application had
prayed for time to file supplementary rejoinder affidavit. Today he
submits that he does not intend to file any supplementary
rejoinder affidavit and the matter be listed for hearing.
List this case on 10.05.2018 for hearing.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
O.A. No. 86 of 2018
A K Das Applicant By Legal Practitioner for the Applicant
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
19.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Shiv Kant Pandey, Ld. Counsel for the
applicant and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Learned counsel for the respondents prays for time to file
counter affidavit. He is permitted to bring on record the policy
pertaining to the controversy involved in the present case.
List this case on 07.05.2018 for orders.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
T.A No. 41 of 2016
Smt Shakuntal Devi Petitioner By Legal Practitioner for the Petitioner
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
19.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Pranat Sharma, Ld. Counsel for the petitioner
and Shri Anurag Mishra, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Learned counsel for the respondents submits that he shall
file counter affidavit during the course of day in the Registry and
has provided copy of the same to the learned counsel for the
applicant.
Learned counsel for the applicant prays for time to file
rejoinder affidavit to the counter affidavit to be filed by the
respondents as aforesaid.
List this case on 11.05.2018 for orders.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
O.A. No. 252 of 2014
Md Samsul Haque Applicant By Legal Practitioner for the Applicant
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
19.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri S.K. Pandey, Ld. Counsel for the applicant
and Shri Shyam Singh, Ld. Counsel for the respondents,
assisted by Wg Cdr Sardul Singh, OIC Legal Cell.
Learned counsel for the applicant prays for adjournment to
take steps to amend the prayer clause of the O.A.
List this case on 19.04.2018 for orders.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
O.A No. 335 of 2017
Tomy Barghese Applicant By Legal Practitioner for the Applicant
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
19.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Upendra Prasad, Advocate, holding brief of
Shri Birendra Prasad Singh, Ld. Counsel for the applicant and
Shri Ashish Agnihotri, Ld. Counsel for the respondents, assisted
by Wg Cdr Sardul Singh, OIC Legal Cell.
Adjournment is prayed on behalf of the applicant on the
ground of non availability of counsel for the applicant.
List this case on 03.05.2018 for orders.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
T.A No. 40 of 2009
Sushil Singh Petitioner By Legal Practitioner for the Petitioner
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
19.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Ms Appoli Srivastava, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Applicant, who is present in person submits that his
counsel Shri V.A. Singh, Advocate is not available today, hence
prays for adjournment.
Since the matter is old, therefore, this case shall be listed
on 16.04.2018 for hearing with the condition that no further
adjournment shall be granted to any of the parties.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
M.A No. 769 of 2018 In re: O.A. No. Nil of 2018
Puran Chandra Joshi Applicant By Legal Practitioner for the Applicant
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
16.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A) Memo of appearance filed by Shri R.C. Shukla, Advocate
on behalf of the respondents is taken on record. His name be
shown in the cause list as counsel for the respondents when the
case is listed.
Present: Shri Parijaat Belaura, Ld. Counsel for the
applicant and Shri R.C. Shukla, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
There is delay of more than six years in filing the present
O.A. Learned counsel for the respondents is granted four weeks
time to file objection on delay condonation application. Applicant
shall have two weeks’ time thereafter to file reply to the objection
to be filed by the respondents.
List this case on 18.05.2018 for hearing and orders on
delay condonation application.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
Ex-A No. 48 of 2018 In re: O.A No. 290 of 2016
Harendra Vikram Singh Applicant By Legal Practitioner for the Applicant
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
16.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A) Memo of appearance filed by Shri V.P.S. Vats, Advocate
on behalf of the respondents is taken on record. His name be
shown in the cause list as counsel for the respondents when the
case is listed.
Present: Mrs. Kavita Belaura, Advocate holding brief of
Shri Yash Pal Singh, Ld. Counsel for the applicant and Shri
V.P.S. Vats, Ld. Counsel for the respondents, assisted by Maj
Salen Xaxa, OIC Legal Cell.
This is an application for execution of the order dated
18.01.2018. Learned counsel for the applicant submits that by
the order under execution a direction was given to the
respondents to reinstate applicant’s service forthwith. However,
that part of the order has not been complied with. Learned
counsel for the respondents prays for time to seek instructions
as to why said part of the order has not yet been complied with.
List this case on 18.04.2018 for orders.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
M.A No. 748 of 2018 with M.A. No. 749 of 2018
In re: O.A. No. 646 of 2017 Union of India & Others Applicant-Respondents By Legal Practitioner for the Applicant-Respondents
Versus
Chandra Pati Yadav Respondent-Applicant By Legal Practitioner for Respondent-Applicant
Notes of the Registry
Orders of the Tribunal
16.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Dr. S.N. Pandey, Ld. Counsel for the applicant-
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
M.A. No. 748 of 2018
This is an application for condonation of delay under
Section 5 of the Limitation Act in filing application for leave to
appeal. The application has been preferred after lapse of
statutory period. The Tribunal lacks jurisdiction to condone the
delay. In view of above, application for condonation of delay in
filing application for leave to appeal is rejected.
M.A. No. 749 of 2018
Since application for condonation of delay has been
rejected, in consequence thereof, application for leave to appeal
is also rejected.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
M.A No. 752 of 2018 with M.A. No. 753 of 2018
In re: O.A. No. 390 of 2017 Union of India & Others Applicant-Respondents By Legal Practitioner for the Applicant-Respondents
Versus
Awadh Bihari Murotiya Respondent-Applicant By Legal Practitioner for Respondent-Applicant
Notes of the Registry
Orders of the Tribunal
16.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Dr. S.N. Pandey, Ld. Counsel for the applicant-
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
M.A. No. 752 of 2018
This is an application for condonation of delay under
Section 5 of the Limitation Act in filing application for leave to
appeal. The application has been preferred after lapse of
statutory period. The Tribunal lacks jurisdiction to condone the
delay. In view of above, application for condonation of delay in
filing application for leave to appeal is rejected.
M.A. No. 753 of 2018
Since application for condonation of delay has been
rejected, in consequence thereof, application for leave to appeal
is also rejected.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
M.A No. 754 of 2018 with M.A. No. 755 of 2018
In re: O.A. No. 673 of 2017 Union of India & Others Applicant-Respondents By Legal Practitioner for the Applicant-Respondents
Versus
Vir Bahadur Singh Respondent-Applicant By Legal Practitioner for Respondent-Applicant
Notes of the Registry
Orders of the Tribunal
16.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Dr. S.N. Pandey, Ld. Counsel for the applicant-
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
M.A. No. 754 of 2018
This is an application for condonation of delay under
Section 5 of the Limitation Act in filing application for leave to
appeal. The application has been preferred after lapse of
statutory period. The Tribunal lacks jurisdiction to condone the
delay. In view of above, application for condonation of delay in
filing application for leave to appeal is rejected.
M.A. No. 755 of 2018
Since application for condonation of delay has been
rejected, in consequence thereof, application for leave to appeal
is also rejected.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
M.A No. 759 of 2018 with M.A. No. 760 of 2018 In re: O.A. No. 237 of 2011
Chief of Army Staff & Others Applicant-Respondents By Legal Practitioner for the Applicant-Respondents
Versus
Vijai Shankar Yadav Respondent-Applicant By Legal Practitioner for Respondent-Applicant
Notes of the Registry
Orders of the Tribunal
16.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri G.S. Sikarwar, Ld. Counsel for the applicant-
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
M.A. No. 759 of 2018
This is an application for condonation of delay under
Section 5 of the Limitation Act in filing application for leave to
appeal. The application has been preferred after lapse of
statutory period. The Tribunal lacks jurisdiction to condone the
delay. In view of above, application for condonation of delay in
filing application for leave to appeal is rejected.
M.A. No. 760 of 2018
Since application for condonation of delay has been
rejected, in consequence thereof, application for leave to appeal
is also rejected.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
M.A No. 761 of 2018 with M.A. No. 762 of 2018 In re: O.A. No. 571 of 2017
Union of India & Others Applicant-Respondents By Legal Practitioner for the Applicant-Respondents
Versus
Narain Singh Respondent-Applicant By Legal Practitioner for Respondent-Applicant
Notes of the Registry
Orders of the Tribunal
16.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Arun Kumar Sahu, Ld. Counsel for the
applicant-respondents, assisted by Maj Salen Xaxa, OIC Legal
Cell.
M.A. No. 761 of 2018
This is an application for condonation of delay under
Section 5 of the Limitation Act in filing application for leave to
appeal. The application has been preferred after lapse of
statutory period. The Tribunal lacks jurisdiction to condone the
delay. In view of above, application for condonation of delay in
filing application for leave to appeal is rejected.
M.A. No. 762 of 2018
Since application for condonation of delay has been
rejected, in consequence thereof, application for leave to appeal
is also rejected.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
M.A. No. 772 of 2018 with M.A. No. 773 of 2018
In re: O.A No. 235 of 2017
Jagdish Prasad Mishra Applicant By Legal Practitioner for the Applicant
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
16.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Memo of appearance filed by Shri A.K. Sahu, Advocate on
behalf of the respondents is taken on record.
Present: Shri Vijayendra Pandey, Ld. Counsel for the
applicant and Shri A.K. Sahu, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
M.A. No. 772 of 2018
This is an application for condonation of delay under
Section 5 of the Limitation Act in filing application for leave to
appeal. The application has been preferred after lapse of
statutory period. The Tribunal lacks jurisdiction to condone the
delay. In view of above, application for condonation of delay in
filing application for leave to appeal is rejected.
M.A. No. 773 of 2018
Since application for condonation of delay has been
rejected, in consequence thereof, application for leave to appeal
is also rejected.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
M.A No. 781 of 2018 with M.A. No. 782 of 2018
In re: O.A. No. 38 of 2018 Union of India & Others Applicant-Respondents By Legal Practitioner for the Applicant-Respondents
Versus
Prem Singh Respondent-Applicant By Legal Practitioner for Respondent-Applicant
Notes of the Registry
Orders of the Tribunal
16.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Asheesh Agnihotri, Ld. Counsel for the
applicant-respondents, assisted by Maj Salen Xaxa, OIC Legal
Cell.
M.A. No. 781 of 2018
This is an application for condonation of delay under
Section 5 of the Limitation Act in filing application for leave to
appeal. The application has been preferred after lapse of
statutory period. The Tribunal lacks jurisdiction to condone the
delay. In view of above, application for condonation of delay in
filing application for leave to appeal is rejected.
M.A. No. 782 of 2018
Since application for condonation of delay has been
rejected, in consequence thereof, application for leave to appeal
is also rejected.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
M.A No. 783 of 2018 with M.A. No. 784 of 2018
In re: O.A. No. 343 of 2017 Union of India & Others Applicant-Respondents By Legal Practitioner for the Applicant-Respondents
Versus
Basawan Singh Respondent-Applicant By Legal Practitioner for Respondent-Applicant
Notes of the Registry
Orders of the Tribunal
16.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Ashish Kumar Singh, Ld. Counsel for the
applicant-respondents, assisted by Maj Salen Xaxa, OIC Legal
Cell.
M.A. No. 783 of 2018
This is an application for condonation of delay under
Section 5 of the Limitation Act in filing application for leave to
appeal. The application has been preferred after lapse of
statutory period. The Tribunal lacks jurisdiction to condone the
delay. In view of above, application for condonation of delay in
filing application for leave to appeal is rejected.
M.A. No. 784 of 2018
Since application for condonation of delay has been
rejected, in consequence thereof, application for leave to appeal
is also rejected.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
O.A No. 77 of 2018
Smt Nirmal Nagpaul W/o Late Lt Col Vijay Nagpaul Applicant By Legal Practitioner for the Applicant
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
16.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Col (Retd) Y.R. Sharma, Ld. Counsel for the
applicant and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Ten days’ time as prayed is granted to the learned counsel
for the respondents to file objection on the point of maintainability
of present O.A.
List this case on 11.04.2018 for orders.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
Ex-A No. 10 of 2018 In re: T.A No. 41 of 2012
Smt Indra Kumari Gurung 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
16.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Amit Jaiswal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
In this case learned counsel for the applicant Shri P.N.
Chaturvedi, Advocate has expired. Let a notice be issued to the
applicant to make an alternative arrangement.
It is submitted on behalf of the respondents that requisite
sanction has been granted by the competent authority and the
PPO shall be issued within a short period.
List this case on 18.05.2018 for orders.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
M.A No. 1384 of 2016 In re: O.A No. Nil of 2016
Smt Laxmi Devi Applicant By Legal Practitioner for the Applicant
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
16.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
In this case learned counsel for the applicant Shri P.N.
Chaturvedi, Advocate has expired. Let a notice be issued to the
applicant to make an alternative arrangement.
List this case on 18.05.2018 for orders.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
M.A No. 2121 of 2017 In re: O.A No. Nil of 2017
Smt Jamwanti Devi Applicant By Legal Practitioner for the Applicant
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
16.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Mayankar Singh, Ld. Counsel for the
applicant and Shri Asheesh Agnihotri, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Learned counsel for the applicant submits that he shall file
reply to the objection filed by the respondents to delay
condonation application in the Registry during the course of the
day.
List this case for hearing on application for condonation of
delay on 03.05.2018.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
M.A No. 2348 of 2017 In re: O.A No. 219 of 2014
Chandrabhan Singh & Another Applicant By Legal Practitioner for the Applicant
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
16.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Pankaj Singh Chauhan, Ld. Counsel for the
applicant and Shri Namit Sharma, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
Learned counsel for the applicant has submitted that due
to inadvertence a legal infirmity has occurred in the application
for recall and the same may be dismissed as not pressed with
liberty to file a fresh application.
Accordingly, the application is dismissed as withdrawn with
liberty aforesaid.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
O.A No. 505 of 2017
Smt Jayanti Devi Applicant By Legal Practitioner for the Applicant
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
16.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri KKS Bisht, Ld. Counsel for the applicant and
Dr. Gyan Singh, Ld. Counsel for the respondents, assisted by
Maj Salen Xaxa, OIC Legal Cell.
Further adjournment is prayed on behalf of the applicant to
file reply to the supplementary affidavit filed by the respondents.
List this case on 23.04.2018 for orders.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
O.A No. 513 of 2017
Smt Dharmsheela Applicant By Legal Practitioner for the Applicant
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
16.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri KKS Bisht, Ld. Counsel for the applicant and
Shri Virendra Singh, Ld. Counsel for the respondents, assisted
by Maj Salen Xaxa, OIC Legal Cell.
Adjournment is prayed on behalf of the applicant to file
rejoinder affidavit.
List this case on 24.04.2018 for orders.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
T.A No. 27 of 2017 with M.A. No 2220 of 2017
Sandeep Kumar Petitioner By Legal Practitioner for the Petitioner
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
16.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Anoop Chandra Srivastav, Ld. Counsel for
the petitioner and Shri Amit Jaiswal, Ld. Counsel for the
respondents, assisted by Wg Cdr Sardul Singh, OIC Legal Cell.
Learned counsel for the respondents has raised objection
that by means of writ petition the petitioner has made prayer for
compassionate appointment but the father of the petitioner was
working as a civil cook in the Air Force and during aforesaid
service he expired.
Prima facie the services of the father of the applicant are
not covered by the Air Force Act and , therefore, the relief
prayed by the applicant cannot be granted by this Tribunal.
Learned counsel for the petitioner submits that the petition
may be dismissed as withdrawn with liberty to approach the
appropriate forum for redressal of his grievance.
Accordingly, this T.A. is hereby dismissed with liberty
aforesaid.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
O.A No. 266 of 2011
Chand Pati Applicant By Legal Practitioner for the Applicant
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
16.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Dharmesh Sinha, Ld. Counsel for the
applicant and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
In pursuance of the order dated 13.02.2018, learned
counsel for the applicant submits that he shall file required
affidavit during the course of day in the Registry. However,
learned counsel for the respondent no.5 submits that he could
not receive the documents and prays for time to file affidavit.
List this case on 17.04.2018 for hearing.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
O.A No. 251 of 2016
Smt Kanta Devi Applicant By Legal Practitioner for the Applicant
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
16.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri KKS Bisht, Ld. Counsel for the applicant and
Shri Asheesh Agnihotri, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Learned counsel for the respondents submits that
applicant’s husband had preferred O.A. before the Principal
Bench and obtained the order but subsequently instead of going
to Principal Bench to file execution application, the present O.A.
has been filed concealing the fact of earlier O.A. He prays for
time to bring on record the said fact by filing copy of the order
passed in the said O.A. alongwith documents annexed therewith.
List this case for hearing on 16.04.2018.
Let a copy of this order be provided to the learned counsel
for the respondents on payment of usual charges today itself.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
O.A No. 247 of 2015 with M.A. No. 2260 of 2017
Meera Devi Applicant By Legal Practitioner for the Applicant
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
15.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Yashpal Singh, Advocate holding brief of
Shri Sharad Nandan Ojha, Ld. Counsel for the applicant and Shri
Amit Jaiswal, Ld.Counsel for the respondents, assisted by Lt Cdr
Chinmay Sharma, OIC Legal Cell.
Adjournment is prayed on behalf of the applicant to file
rejoinder affidavit.
List this case on 04.05.2018 for orders.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
O.A No. 622 of 2017
Prithvi Pal Applicant By Legal Practitioner for the Applicant
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
15.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri Shyam Singh, Ld. Counsel for the
respondents, assisted by Maj Salen Xaxa, OIC Legal Cell.
None is present on behalf of the applicant.
In the interest of justice hearing is adjourned.
List this case on 26.04.2018 for orders.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
T.A No. 06 of 2016
Uma Shanker Bhartiya 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
15.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Shri R. Chandra, Ld. Counsel for the petitioner
and Shri Anurag Mishra, Ld. Counsel for the respondents,
assisted by Maj Salen Xaxa, OIC Legal Cell.
Adjournment is prayed on behalf of the applicant to file
rejoinder affidavit.
List this case on 07.05.2018 for orders.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Cases of Court No.2 taken in Court No.1
T.A No. 70 of 2012
Smt Omvati Devi Petitioner By Legal Practitioner for the Petitioner
Versus
Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
15.03.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)
Present: Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Lt Cdr Chinmay Sharma, OIC Legal
Cell.
None is present on behalf of the petitioner.
In the interest of justice hearing is adjourned.
List this case on 04.05.2018 for hearing.
(Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) JPT