Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES …aftlko.up.nic.in/C1 Daily Order/C1 Order -2019/C1 Order... · 2019-01-23 · Form No. 4 {See rule 11(1)} ORDER SHEET ARMED

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

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

M.A. No. 1656 of 2018 In re: O.A. No. Nil of 2018

Ex Nk Ram Kar 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

22.01.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)

Present: Col Y.R. Sharma (Retd), learned counsel for the applicant

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

List this case alongwith the record of M.A. No. 2041 of 2016 on

07.03.2019.

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



O.A. No. 121 of 2016

Ravi Papnai Applicant By Legal Practitioner for the Applicant





Present: Shri Anand Yadav, Advocate holding brief of Shri S.G.

Singh, Ld. Counsel for the Applicant and Shri Yogesh Kesarwani, Ld.

Counsel for the respondents.

Shri Anand Yadav, holding brief of learned counsel for the applicant

prays for adjournment.

List this case for hearing on 25.02.2019.




O.A. No. 505 of 2017

Smt Jayanti Devi Applicant By Legal Practitioner for the Applicant





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

Bisht, Ld. Counsel for the Applicant and Dr. Gyan Singh, Ld. Counsel for

the respondents.

Shri V.P. Pandey, holding brief of learned counsel for the applicant


Col A.K. Srivastava (Retd), Advocate has submitted that on behalf of

respondent no.5 he shall file power during the course of day.

In this case delay in filing this O.A. has already been condoned vide

order dated 03.11.2017. Learned counsel for the respondent no.5 submits

that the said delay has been condoned without hearing the respondent

no.5. If the respondent no.5 feels aggrieved by the said order he may take

necessary legal recourse against the said order, if so advised before

appropriate forum.

List this case for orders on 14.02.2019.




O.A. No. 119 of 2018

Surendra Kumar Srivastava Applicant By Legal Practitioner for the Applicant





Present: Shri R. Chandra, Advocate holding brief of Shri Shiv Kant

Pandey, Ld. Counsel for the Applicant and Shri Shyam Singh, Ld. Counsel

for the respondents.

Shri R. Chandra, holding brief of learned counsel for the applicant


It is submitted the cases involving the same issue are listed on

18.02.2019.

As prayed, list this case on 18.02.2019 for orders.


Form No. 4

{See rule 11(1)} ORDER SHEET


O.A. No. 175 of 2018

Col Satyendra Singh (Retd) Applicant By Legal Practitioner for the Applicant





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

Dr S.N. Pandey, Ld. Counsel for the respondents.

As prayed, list this case for hearing on 20.02.2019.




O.A. No. 575 of 2018

Hav L Gannaya Applicant By Legal Practitioner for the Applicant

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




Present: Shri Rohit Kumar, Ld. Counsel for the Applicant and Ms

Appoli Srivastava, Ld. Counsel for the respondents.

On the last date we had directed the learned counsel for the

respondents to produce the relevant record pertaining to this case. Today

further time is prayed for producing the said record.

List this case on 14.02.2019 for orders.




O.A. 47 of 2016

Akhilesh Kumar Applicant By Legal Practitioner for the Applicant





Present: Shri Satendra Kumar Singh, Ld. Counsel for the Applicant

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

Arguments heard.

Judgment reserved.




O.A. 256 of 2016

Ajay Kumar Singh Applicant By Legal Practitioner for the Applicant





Present: Shri S.S. Rajawat, Ld. Counsel for the Applicant and Shri

Amit Jaiswal, Ld. Counsel for the respondents.

Vide order dated 12.09.2018 the respondents were directed to

produce original record alongwith comparative merit list. In pursuance of the

said order the original record was placed before us, which contains the

names of all eligible persons who were considered for promotion.

Applicant’s name figured at serial no.160 in the said list and in front of his

name he has been shown eligible. However it cannot be said to be a merit

list because it does not have specific marks given to each eligible person

for deciding the final selection. The respondents are directed to produce

before us the merit list. Maj Atul Gupta, Departmental Assistant submitted

that the original record was received in the Court itself today and therefore

he could not go through the record. He sought time to go through it and to

satisfy the query of the Tribunal on the next date fixed.

On the request of learned counsel for the applicant list this case on

18.02.2019 for hearing.

Copy of this order be provided to the learned counsel for the

respondents as prayed on usual charges.




O.A. 267 of 2017

Dinesh Chandra Applicant By Legal Practitioner for the Applicant

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




Present: Shri Virat Anand Singh, Ld. Counsel for the Applicant and

Dr Chet Narain Singh, Ld. Counsel for the respondents.

Learned counsel for the respondents prays for time to file

supplementary affidavit in pursuance of our earlier order dated 10.10.2018

to bring on record whether the applicant’s case is a case where he could

not qualify the cadre course for promotion to the rank of Naik though

detailed in time or it is a case where organisation is responsible for causing

delay in his ab initio detailment for the said cadre course resulting in his

loss of seniority vis-à-vis his course mates.

List this case on 25.02.2019 for hearing.


Form No. 4



O.A. 328 of 2017

Pradeep Kumar Applicant By Legal Practitioner for the Applicant





Present: Shri Vikas Singh Chauhan, Ld. Counsel for the Applicant

and Shri V.P.S. Vats, Ld. Counsel for the respondents.

Learned counsel for the applicant prays for adjournment on the

ground of non availability of arguing counsel.

List this case for hearing on 06.03.2019.




O.A. 441 of 2017

Smt Rekha Devi Applicant By Legal Practitioner for the Applicant





Present: Col R.C. Dixit, Ld. Counsel for the Applicant and Dr

Shailendra Sharma Atal, Ld. Counsel for the respondents.

Arguments heard.

Judgment reserved.




O.A. No. 591 of 2018

Ratan Maity Applicant. By Legal Practitioner for the Applicant

Versus Commanding Officer, 152 AD Regt & others Respondents By Legal Practitioner for Respondents




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

Shri D.K. Pandey, Ld. Counsel for the respondents.

Arguments heard.

Judgment reserved.




T.A. No. 1053 of 2010

Smt. Kalawati Devi and Pitambar Dutt Nainwal Petitioners By Legal Practitioner for the Petitioners

Versus Chief of the Army Staff & Others Respondents By Legal Practitioner for Respondents




Present: Shri S.K. Singh, Ld. Counsel for the petitioners and Shri

Ashish Kumar Singh, Ld. Counsel for the respondents.

Learned counsel for the petitioners has not incorporated the

impleadment in the array of parties. Further time is prayed on behalf of the

petitioners for the aforesaid purpose, which shows the negligence on the

part of the learned counsel for the petitioners that even after a lapse of one

month impleadment has not been incorporated. This T.A. pertains to the

year 2010 and therefore the petitioners themselves are further delaying the

disposal of the case.

List this case for hearing on 30.01.2019. It is made clear that no

further adjournment shall be given for this purpose.


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

ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW

O.A. No. 460 of 2017

Bhagwat Prasad Lal Applicant By Legal Practitioner for the Applicant

Versus

Union of India & Ors Respondents By Legal Practitioner for Respondents

Notes of

the Registry


22.01.2019 Hon’ble Mr. Justice SVS Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)

Judgment pronounced.

O. A. No. 460 of 2017 is dismissed.

For orders, see our judgment and order of

date passed on separate sheets.

Misc. Applications, pending if any, shall be

treated as disposed of accordingly.

(Air Marshal BBP Sinha) (Justice SVS Rathore) Member (A) Member (J) Gsr



M.A. No. 72 of 2019 Inre O.A. No. Nil of 2019

Ex Nk (TS) Subhash Singh Applicant By Legal Practitioner for the Applicant

Versus Union of India & Others(Army) Respondents By Legal Practitioner for Respondents




Memo of appearance filed by Shri Asheesh Agnihotri, 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.

Present: Shri P.S. Chauhan, Advocate holding brief of Shri

Bachchan Singh, learned counsel for the applicant and Shri Asheesh

Agnihotri, Ld. Counsel for the respondents.

M.A. No. 72 of 2019

This is an application for condonation of delay filed by the applicant

for grant of disability pension. As per office report, it is delayed by more

than 17 years in filing the Original Application.

Reasons shown in the affidavit filed in support of the application for

condonation of delay seem to be sufficient. Since pension is recurring

cause of action, hence we allow the application for condonation of delay

and delay in filing the original application is hereby condoned.

Having heard learned counsel for the parties, we find that this is a fit

case for adjudication.

Admit.

Let the case be registered as O.A.

Learned counsel for the respondents prays for and is granted two

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

learned counsel for the applicant within two weeks, thereafter.


On the date fixed, learned counsel for the respondents is directed to

produce medical papers, pertaining to the case, for perusal of the Bench.

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




Smt. Phoolwati Devi W/o Sep Mohan Singh Applicant By Legal Practitioner for the Applicant





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

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


Present: Col R.C. Dixit, learned counsel for the applicant and Dr.


M.A. No. 86 of 2019

Learned counsel for the applicant has argued that Medical Board has

committed mischief in assessing the disability of the applicant below 20%.

When we made query from learned counsel for the applicant whether any

such ground was raised in his first appeal or in any other statutory appeal

preferred by the applicant, then he could not reply to such query.

This O.A. has been preferred after a huge delay of more than 46

years. Learned counsel for the applicant prays for time for better

preparation of the case.






Hony Nb Sub Jeet Bahadur Applicant By Legal Practitioner for the Applicant





Memo of appearance filed by Dr. Chet Narayan Singh, Advocate on



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

Chet Narayan Singh, Ld. Counsel for the respondents.

M.A. No. 87 of 2019


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

delayed by 09 years, 01 month & 04 days in filing the Original Application.

Learned counsel for the respondents prays for and is granted four

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

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

within two weeks’ thereafter.

List this case on 07.03.2019 for orders before Registrar Court.





Hony Nb Sub Chait Ram Applicant By Legal Practitioner for the Applicant





Memo of appearance filed by Shri D.K. Pandey, 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.

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

Shri D.K. Pandey, Ld. Counsel for the respondents.

M.A. No. 88 of 2019


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

delayed by 09 years, 01 month & 04 days in filing the Original Application.










Ex Sep Anil Kumar Singh Gaur Applicant By Legal Practitioner for the Applicant





Memo of appearance filed by Shri Rajiv Pandey, Advocate on behalf



Present: Shri J.N. Mishra, learned counsel for the applicant and Shri

Rajiv Pandey, Ld. Counsel for the respondents.

M.A. No. 89 of 2019


by means of which the applicant has prayed for correction of the date of

birth of his two sons in military record. As per office report, it is delayed by

15 years & 02 days in filing the Original Application.










Ex Nk Devendra Singh Applicant By Legal Practitioner for the Applicant





Memo of appearance filed by Mrs. Deepti Prasad Bajpai, Advocate

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

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

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

Deepti Prasad Bajpai, Ld. Counsel for the respondents.

M.A. No. 90 of 2019


for grant of service pension. As per office report, it is delayed by 01 year,

05 months & 16 days in filing the Original Application.









O.A. No. 43 of 2019

Ex Ris Govind Singh Applicant By Legal Practitioner for the Applicant





Memo of appearance filed by Shri Bhanu Pratap Singh, Advocate on



Present: Shri J.N. Mishra, learned counsel for the applicant and Shri

Bhanu Pratap Singh, Ld. Counsel for the respondents.

O.A. No. 43 of 2019

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

benefit of rounding off of disability pension. The matter pertains to pension

which is recurring cause of action.

The matter needs to be adjudicated.

Admit.


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

by learned counsel for the applicant within two weeks, thereafter.


On the date fixed, learned counsel for the respondents is directed to

produce medical papers, pertaining to the case, for perusal of the Bench.


Form No. 4



Ex-A No. 7 of 2019 Inre O.A. No. 275 of 2018

Ex Sep Nathu Singh Applicant By Legal Practitioner for the Applicant





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



Present: Shri P.K.S. Chauhan, learned counsel for the applicant and

Shri Amit Jaiswal, Ld. Counsel for the respondents.

Ex.A. No. 7 of 2019

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

dated 25.05.2018 passed in O.A. No. 275 of 2018.

Learned counsel for the respondents submits that in this case PPO

has been issued and a copy of the same has been provided to learned

counsel for the applicant in the Court itself who prays for and is granted two

weeks time to go through it and to file his objection, if any.



Form No. 4



Ex-A No. 9 of 2019 Inre O.A. No. 831 of 2017

Ex Col Kameshwar Chaudhary Applicant By Legal Practitioner for the Applicant





Memo of appearance filed by Shri Virendra Singh, Advocate on



Present: Co. R.C. Dixit, learned counsel for the applicant and Shri

Virendra Singh, Ld. Counsel for the respondents.

Ex.A. No. 9 of 2019

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

dated 09.07.2018 passed in O.A. No. 831 of 2017.


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

compliance report.

List this case on 11.03.2019 for filing compliance report by the respondents.


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

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

Dy No.1513 of 2018 Inre O.A.No.Nil of 2018

Bharat Chandra Biswas Applicant By Legal Practitioner for Applicant




22.01.2019 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Present: Shri Rohit Kumar, learned counsel for the

applicant and Shri Yogesh Kesarwani, learned counsel for the

respondents.

Dy No.1513 of 2018

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

prayer for grant of disability pension, which is a

recurring cause of action.

Objection and reply to the said objection have

already been exchanged

Accordingly, the application is allowed and the

delay in filing the O.A. is hereby condoned.

Having heard the learned counsel for the parties,

we find that it is a fit case for admission.

Admit.

Let the case be registered as O.A.

Learned counsel for the respondents prays for

and is granted two weeks’ time to file counter affidavit.

Rejoinder affidavit, if any, may be filed within two

weeks thereafter.


On the date fixed, medical documents pertaining to the

applicant, shall be produced by the respondents.

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



Ex A.No.125 of 2017 Inre Ex.A.No.41 of 2016 Inre O.A.No.78 of 2013

Shiv Murat Singh Applicant By Legal Practitioner for Applicant

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




Present: Shri Rohit Kumar, learned counsel for the

applicant and Dr Shailendra Sharma Atal, learned counsel for

the respondents.

Ex.A.No.125 of 2017 This an application for execution of the order dated

09.10.2015 passed in O.A.No.78 of 2013.

On the last date, we have passed the following order :

“Ex.A. No. 125 of 2017

This is an application filed by the applicant for execution of order dated 09.10.2015 passed in O.A. No. 78 of 2013. In pursuance to our earlier order dated 20.11.2018, Ms. Sunalini R Boid, Account Officer, PCDA (SC), Pune is present and explained the delay to pass the claim of the applicant. She has stated that certain documents were required which were not provided to PCDA (SC), Pune by the record office and reminders were sent to concerned Records. Today, it is admitted by the representative of PCDA (SC), Pune that all the required documents are now available and the matter has been referred to concerned account section and submitted that within a very short period, the claim of the applicant will be passed for payment. List this case on 22.01.2019 for filing compliance report.”

Today again, learned counsel for the respondents prays for

further time. The respondents have already availed sufficient time to

file compliance report. However, in the interest of justice, we adjourn

the hearing of the case.

List this case on 08.02.2019 for filing compliance report, failing

which the respondents will have to deposit cost of Rs.15,000/- in the

Registry, which shall be paid to the applicant through cheque.

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



Ex A.No.56 of 2018 Inre O.A.No.303 of 2016

Rajiv Tandon Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present: Shri KK Misra, learned counsel for the

applicant and Dr Shailendra Sharma Atal, learned counsel


Ex.A.No.56 of 2018 This an application for execution of the order dated

21.09.2017 passed in O.A.No.303 of 2016.

In this case though the PPO was issued, but in the

written objection filed on behalf of the applicant, it is

submitted that by order under execution, the benefit of

rounding off of disability pension had also been granted

and the respondents were directed to conduct the RSMB

of the applicant, but neither RSMB has been conducted

nor any amount has been credited in the account of the

applicant.

So far as benefit of rounding off of disability

pension is concerned, we are of the view that the

applicant was not entitled for the same because benefit

of rounding off has been extended to the applicant for

the period when the policy of rounding off was not even

in existence. Therefore, we do not find any mistake in the

PPO.

Regarding the RSMB, it is submitted by the learned

counsel for the respondents that steps have been taken

for conducing the RSMB. It transpires that the

respondents have not even granted sanction for the last

more than one year for holding RSMB and today again

prays for time for conducting the RSMB.


Meanwhile, respondents shall conduct the RSMB of

the applicant, failing which they will have to deposit cost

of Rs.15,000/- in the Registry, which shall be paid to the

applicant through cheque.

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



Ex.A. No. 69 of 2018 Inre : T.A. No. 14 of 2017

Jai Ram Pal Petitioner By Legal Practitioner for the Petitioner





Present: Shri Pankaj Kumar Shukla, Ld. Counsel for the petitioner

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

In this case admittedly the order dated 25.09.2017 passed in T.A.

No. 14 of 2017 has been complied with and RSMB of the petitioner has

been carried out, but the report of RSMB has not yet been provided to the

Ld. Counsel for the petitioner.

List this case on 31.01.2019 for providing the report of RSMB to

the Ld. Counsel for the petitioner.

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



Ex.A. No.75 of 2018 Inre : T.A. No. 1366 of 2010

Kamal Singh Rautela Petitioner By Legal Practitioner for the Petitioner





Present: Shri K.K. Singh Bisht, Ld. Counsel for the petitioner and

Shri Bhanu Pratap Singh, Ld. Counsel for the respondents.

On 13.12.2018 we have passed following order :-

“This is an application filed by the petitioner for execution of order dated 08.08.2017 passed in T.A. No. 1366 of 2010.

On the last date, following order was passed :- “Learned counsel for the respondents has produced

before us a list showing that action has been taken for implementation of order and prays that four weeks further time be granted for filing compliance report. As prayed four weeks time is granted to file compliance report, failing which they will have to pay cost of Rs.5,000/- to be deposited in the Registry which shall be paid to the applicant.

List this case on 13.12.2018 for orders.” Today again compliance report has not been filed by the

respondents but submits that cost of Rs.5,000/-, imposed earlier, shall be deposited in the Registry during the course of the day.

Learned counsel for the respondents prays for and is granted four weeks time to file compliance report, failing which they will have to pay a cost of Rs.10,000/- to be deposited in the Registry, which shall be paid to the applicant.

List this case on 22.01.2019 for orders.”

Ld. Counsel for the respondents submits that cost of Rs.10,000/-

imposed on 13.12.2018 shall be deposited in the registry within one week

as the concerned officer is on leave. Today again Ld. Counsel for the

respondents prays for and is granted four week’s further time to file

compliance report.

List this case on 25.02.2019 for filing compliance report by the

respondents, failing which they will have to pay additional cost of

Rs.15,000/-, to be deposited in the Registry, which shall be paid to the

applicant.




Ex. A. No. 84 of 2018 Inre : T.A. No. 39 of 2016

Shiv Sewak Petitioner By Legal Practitioner for the Petitioner





Present: Shri Yashpal Singh, Ld. Counsel for the petitioner and

Shri V.P.S. Vats, Ld. Counsel for the respondents.

Ex. A. No. 84 of 2018

In compliance of Order dated 03.07.2017 passed in T.A. No. 39 of

2016 the Ld. Counsel for respondents submits that the order has been fully

complied with. A copy of same has been provided to the Ld. Counsel for the

petitioner, who confirms that the order passed by this Tribunal has been

complied with.

Since the order passed by this Tribunal has been complied with,

hence, this Execution Application has become infructuous. Accordingly,

Execution Application stands disposed off.




Ex.A. No. 96 of 2018 with M.A. No. 1760 of 2018

Inre : Dy. No. 2451 of 2017 Inre : O.A. No. (Nil) of 2017

Col. Gyan Prakash Shrivastava (Retd.) Applicant By Legal Practitioner for the Applicant





Present: Shri Thakur Balram Ji Srivastava, Ld. Counsel for the

applicant and Shri Asheesh Agnihotri, Ld. Counsel for the respondents.

Ex.A. No. 96 of 2018

In compliance of Order dated 29.11.2017 passed in O.A. No. (Nil)

of 2017 the Ld. Counsel for respondents submits that the respondents have

decided the Statutory Complaint. Ld. Counsel for the applicant confirms that

he has received the copy of order passed by the respondents on the

Statutory Complaint.

Since the order passed by this Tribunal has been complied with,

hence, this Execution Application has become infructuous. Accordingly,

Execution Application stands disposed off.




Ex. A. No. 108 of 2018 Inre : O.A. No. 150 of 2017

Dharmendra Pratap Singh Applicant By Legal Practitioner for the Applicant





Present: Shri Bhanu Pratap Singh Chauhan and Col. Rakesh Johri

(Retd.), Ld. Counsel for the applicant and Shri Virendra Singh, Ld. Counsel


On 05.12.2018 we have passed the following order :-

“This is an application for execution of the order dated

20.09.2017 passed in O.A. No. 150 of 2017.

As prayed, last opportunity is granted to the learned

counsel for the respondents to file compliance report.

List this case on 22.01.2019 for filing compliance report,

failing which the respondents shall have to deposit cost of

Rs.10,000/- in the Registry, which shall be paid to the applicant

through cheque.”

Again the compliance report has not been filed by the

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

requisite sanction has been accorded. Ld. Counsel for the respondents

prays for and is granted four week’s further time to issue the P.P.O.

Ld. Counsel for the respondents also submitted that the cost of

Rs.10,000/- imposed on 05.12.2018 shall be deposited in the Registry

within a week.

List this case on 01.03.2018 for filing compliance report by the

respondents, failing which they will have to pay cost of Rs.15,000/-, to be

deposited in the Registry, which shall be paid to the applicant.





Akhilesh Singh Applicant By Legal Practitioner for the Applicant





Present: Shri Ajay Kishor Pandey, Ld. Counsel for the applicant

and Shri D.K. Pandey, Ld. Counsel for the respondents.

Ex. A. No. 125 of 2018

In compliance of Order dated 09.01.2018 passed by this Tribunal

in O.A. No. 302 of 2012 the Corrigendum P.P.O. has been issued and

interest on arrears has also been directed to be paid for the period after five

months from the date of invalidment from service till the date of actual

payment.

Ld. Counsel for the applicant submitted that the bank has credited

the amount which is too less as compared to the interest payable to the

applicant.

Since the calculation is to be done by the concerned Bank and the

Bank is not a party in the instant case, hence, Ld. Counsel for the applicant

is directed to take steps to implead the concerned bank as a party, so that

necessary calculation may be submitted by the Bank.





Ex. A. No. 134 of 2018 Inre : O.A. No. 123 of 2010 with M.A. No. 45 of 2019

Inre : O.A. No. 123 of 2010

Smt. Durgawati Singh Applicant By Legal Practitioner for the Applicant





Present: Shri Virat Anand Singh, Ld. Counsel for the applicant and

Shri G.S. Sikarwar, Ld. Counsel for the respondents.

M.A. No. 45 of 2019

This is an application for correction of the order dated 05.01.2018

(under execution) passed by this Tribunal in O.A. No. 123 of 2010. It is

submitted by the Ld. Counsel for the applicant that the correct date of

accident was 23.03.2011 while in Para 14 at page 11 and para 54(3) at

page 46 of the Order the date has been wrongly transcribed as 02.03.2011.

This typographical errors need to be corrected and it is accordingly

corrected.

Correction Application stands disposed off accordingly.

Let a copy of this order be placed along with the original record.

Ex. A. No. 134 of 2018

So far as the order under execution is concerned it is submitted

by the Ld. Counsel for the respondents that the requisite Government

Sanction has been issued on 26.12.2018 and the P.P.O. shall be issued

within a period of six weeks.

Ld. Counsel for the respondents prays for and is granted six

week’s time to file compliance report.





Ex. A. No. 150 of 2018 Inre : O.A. No. 569 of 2017 along with M.A. No. 2022 of 2018 with

R.A. No. 81 of 2018 Inre : O.A. No. 569 of 2017

Hony. Nb. Sub. Ram Awadh Rai Applicant By Legal Practitioner for the Applicant





Present: Shri Vinay Pandey, Ld. Counsel for the applicant and Ms.

Appoli Srivastva, Ld. Counsel for the respondents.

Ld. Counsel for the respondents prays for adjournment.

List this case on 05.03.2019 for orders along with connected

Review Application.




M.A. No. 2022 of 2018 with R.A. No. 81 of 2018 Inre : O.A. No. 569 of 2017

along with Ex. A. No. 150 of 2018 Inre : O.A. No. 569 of 2017

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

Versus Hony. Nb. Sub. Ram Awadh Rai Respondents By Legal Practitioner for Respondent




Power filed by Shri Parijaat Belaura, Advocate on behalf of the

respondent is taken on record. His name be shown as Ld. Counsel for the

respondent when the case is listed next.

Present: Ms. Appoli Srivastva, Ld. Counsel for the review

applicant and Shri Parijaat Belaura, Ld. Counsel for the respondent.

Ld. Counsel for the respondent prays for adjournment.

List this case on 05.03.2019 for orders along with connected

Execution Application.





Wg. Cdr. S.P. Rathore (Retd.) Applicant By Legal Practitioner for the Applicant





Present: Shri R. Chandra, Ld. Counsel for the applicant and Shri

Virendra Singh, Ld. Counsel for the respondents.

Ld. Counsel for the respondents has filed a copy of Order dated

29.10.2018 passed by the Hon’ble Apex Court in Civil Appeal Diary No(s).

33390 of 2018, Union of India & Others Versus Wing Commander (24734

AE) (L) S.P. Rathore, whereby the stay has been granted in favour of

respondents.

List this case on 23.04.2019 for order.




M.A. No. 2035 of 2017 Inre : O.A. No. (Nil) of 2017

Sanjay Tiwari Applicant By Legal Practitioner for the Applicant





Present: The applicant Shri Sanjay Tiwari in person and Dr.


The applicant prays for adjournment on the ground of non-

availability of his Counsel. Accordingly, the case is adjourned.





M.A. No. 1500 of 2018 Inre : O.A. No. (Nil) of 2018

Smt. Basudha Rani Applicant By Legal Practitioner for the Applicant





Present: Shri R. Chandra holding brief of Shri Sudhir Kumar

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

the respondents.

Brief holder appearing on behalf of the Ld. Counsel for the

applicant prays for adjournment. Accordingly, the case is adjourned.



Documents

Form No. 4 {See rule 11(1)} ORDER SHEET ARMED FORCES …aftlko.up.nic.in/C1 Daily Order/C1 Order -2019/C1 Order... · 2019-01-23 · Form No. 4 {See rule 11(1)} ORDER SHEET ARMED