order sheet armed forces tribunal, regional bench, lucknow ...aftlko.up.nic.in/c2 daily order/c2...

Form No. 4

[See rule 11(1)]

ORDER SHEET

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW

Court No. 1 (List B)

O.A. No. 61 of 2014

Sukhvir Singh Applicant

By Legal Practitioner for Petitioner

Versus

Union of India & Others Respondents

By Legal Practitioner for Respondents

Notes of the

Registry

Orders of the Tribunal

05.04.2017

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

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

Present: Shri O.P. Kushwaha holding brief of Shri Ashok Kumar,

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

learned counsel for the respondents.

On call of the case, Shri O.P. Kushwaha submits that Shri Ashok

Kumar is not present in the Court and prays for adjournment of the

case. Learned counsel for the respondents has no objection.

Accordingly, the case is adjourned .

List this case on 25.05.2017 for orders in terms of earlier order.

(Lt Gen Gyan Bhushan) (Justice D.P. Singh)

Member (A) Member (J) SB

Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No. 220 of 2014

Narayan Datt Joshi Applicant


Versus



Notes of the

Registry


05.04.2017



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

and Shri Namit Sharma, learned counsel for the respondents.

Learned counsel for the applicant submits that Re-survey Medical

Board of the applicant has already been held on 31.03.2017. Let the

copy of Re-survey Medical Board be produced by the respondents on

the next date.

List this case on 26.05.2017 for orders.


Member (A) Member (J) ukt

Form No. 4

[See rule 11(1)]

ORDER SHEET



T.A. No. 40 of 2016

Smt. Indra Kali Devi Petitioner


Versus



Notes of the

Registry


05.04.2017



Present: Shri Birendra Singh, learned counsel for the petitioner

and Shri Asheesh Agnihotri learned counsel for the respondents along

with Maj Salen Xaxa, Departmental Representative.

Learned counsel for the petitioner prays for and is granted two

weeks further time to file Bench copy.




Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No. 18 of 2011

Satyavir Singh Applicant

By Legal Practitioner for Applicant

Versus



Notes of the

Registry


05.04.2017



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

Shri Namit Sharma, learned counsel for the respondents.

As prayed by learned counsel for the respondents, list this case on

06.04.2017 for further hearing.

On the date fixed, learned counsel for the respondents shall

produce original documents including copy of Medical Board held in

the year 1996 clarifying period and percentage of disability for perusal

of the Bench.



Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No. 257 of 2012

Tejpal Singh Tomar Applicant


Versus



Notes of the

Registry


05.04.2017



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

Shri Rajiv Pandey, learned counsel for the respondents.

This is an application for grant of Battle casualty status in

pursuance to Army Order 01 of 2003.

We have heard learned counsel for the parties and perused the

record.

Learned counsel for the applicant submitted that while posted at

27 Rashtriya Rifles in J&K, the applicant was detailed to carry out

cordon and search operation on the Line of Control. During this

operation, the applicant was part of Quick Reaction Team of

Commanding Officer and while the team was moving, he fell down

from the hill and subsequently sustained injury in his right knee. The

injury was identified as “Contusion (Right) Knee Moderate”. Though

he is in receipt of disability pension, however he is entitled to Battle

Casualty status in terms of Army Order 1 of 2003 and accordingly for

grant of liberalized pensionary benefits.

On the other hand, learned counsel for the respondents submitted

that since the applicant had sustained moderate injury at his right knee

as such only injury report was initiated by Medical Officer of 27

Rashtriya Rifles and his injury was certified as moderate. Therefore,

he is entitled only to disability pension which has been granted to him.

From perusal of original record, it transpires that injury caused to

the applicant was contusion of the right knee which was moderate in

nature. Keeping in view the nature of injury and injury report, the

applicant has rightly been granted disability pension because the

applicant does not come in the category of Battle Casualty as laid

down in Army Order 1 of 2003. The applicant is entitled to disability

pension only and rightly he has been granted the same. No case for

grant of Battle Casualty is made out from the bare perusal of injury

report, produced before the Court.

Accordingly, the Original Application lacks merit and is hereby

dismissed.



Form No. 4

[See rule 11(1)]

ORDER SHEET



M.A. No. 2416 of 2016 Inre T.A. No. 112of 2012

Rajendra Singh Petitioner


Versus



Notes of the

Registry


05.04.2017



Present: Shri Praveen Kumar Yadav, holding brief of Shri M.M.

Srivastava, learned counsel for the petitioner and Shri Ashish Kumar

Singh, learned counsel for the respondents.

The controversy relates to grant of disability pension which is

recurring cause of action. Having heard learned counsel for the

parties, we find that it is a fit case for admission.

Admit.

Pleadings have been exchanged.

As prayed by learned counsel for the respondents, list this case on

13.04.2017 for further hearing.

On the date fixed, learned counsel for the respondents to produce

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



Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No. 225 of 2011

Shankar Datt Upadhyay Applicant


Versus



Notes of the

Registry


05.04.2017



Present: Shri Abhinav Singh, learned counsel for the applicant

and Shri D.K. Pandey, learned counsel for the respondents along with

Maj Salen Xaxa, Departmental Representative.

Heard learned counsel for the parties.

Arguments concluded.

Order reserved.

Original records pertaining to case shall be retained by learned

counsel for the respondents.



Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No. 352 of 2015

Dinesh Kumar Dubey Applicant


Versus



Notes of the

Registry


05.04.2017



Present: The applicant in person and Shri D.K. Pandey, learned

counsel for the respondents.

As prayed by applicant, the case is adjourned.

List this case on 19.07.2017 for hearing.





Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No. 301 of 2016

Smt Radha Devi W/o Late Sub Pratap Singh Applicant


Versus



Notes of the

Registry


05.04.2017



Present: Shri Parijaat Belaura, learned counsel for the petitioner

and Shri Anurag Mishra, learned counsel for the respondents along with


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 by learned counsel for the petitioner within two

weeks, thereafter.

List this case on 11.05.2017 for hearing.





Form No. 4

[See rule 11(1)]

ORDER SHEET



DY-No. 343 of 2017

Inre: O.A. No. Nil of 2017

Lt Col Man Singh Jabal Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


05.04.2017



Memo of appearance filed by Shri Amit Jaiswal, Advocate is taken on

record.

Present: Shri Virat Anand Singh, learned counsel for the applicant and

Shri Amit Jaiswal, learned counsel for the respondents along with Maj Salen

Xaxa, Departmental Representative.

DY-No. 343 of 2017

This is an Original Application under Section 14 of the Armed Forces

Tribunal Act 2007 preferred by the applicant for rounding off of disability

pension.

While filing the Original Application, some defects have been pointed

out by the Registry, which have not been rectified by the learned counsel for

the applicant.

On the threshold of the arguments, learned counsel for the applicant

submits that he wants to withdraw the present Original Application to file

another one with some fresh pleadings.

The prayer made by the applicant has not been opposed by the learned

counsel for the respondents. The prayer is accepted.

Accordingly, the Original Application is dismissed as withdrawn

with liberty to the applicant to file a fresh.


Member (A) Member (J) PKG

Form No. 4

[See rule 11(1)]

ORDER SHEET



M.A. No. 541 of 2017


Ghanshyam Shukla Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


05.04.2017



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

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

when the case is next listed.

Present: Shri Veer Raghav Chaubey, learned counsel for the applicant

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

with Maj Salen Xaxa, Departmental Representative.

M.A. No. 541 of 2017

This is an application under Section 5 of the Indian Limitation Act read

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

delay in filing the O.A, which as per office report, is delayed by 30 years, 11

months and 28 days. Copy of this application has been served upon the

learned Standing Counsel for the respondents on 31.03.2017.

Dr Shailendra Sharma Atal, learned Standing Counsel appearing for

the respondents prays for and is granted six weeks time to file objection.

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

within two weeks, thereafter.

List this case on 20.07.2017 for admission.



Form No. 4

[See rule 11(1)]

ORDER SHEET



EX-A. No. 205 of 2016

Inre: T.A. No. 166 of 2009

Ram Bhawan Mishra Petitioner By Legal Practitioner for Petitioner

Versus



Notes of the

Registry


05.04.2017



Present: Shri Ram Bhawan Mishra, petitioner appeared in person and

Shri Bhanu Pratap Singh, learned counsel for the respondents along with


It has been stated by the petitioner that he has already received the

cost.

EX-A. No. 205 of 2016

This is an Execution Application under Section 29 of the Armed

Forces Tribunal Act, 2007 filed by the petitioner for non implementation of

the judgment and order dated 18th

April 2013 passed in T.A. No. 166 of

2009.

At the threshold of the arguments, learned counsel for the respondents

states that in compliance of the order of this Tribunal, necessary PPO has

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

petitioner, who appeared in person, during the course of hearing.

It is directed that the Bank concerned shall release the outstanding

dues to the petitioner within one month from the date of receipt of a certified

copy of this order/communication of the petitioner.

Subject to the above, this Execution Application is disposed of

accordingly.



Form No. 4

[See rule 11(1)]

ORDER SHEET



EX-A. No. 5 of 2017

Inre: O.A. No. 134 of 2015

Rajeev Moitra Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


05.04.2017



Present: Shri Jai Narain Mishra, learned counsel for the applicant and

Dr Shailendra Sharma Atal, learned counsel for the respondents.

EX-A. No. 5 of 2017

This is an Execution Application under Section 29 of the Armed

Forces Tribunal Act, 2007 filed by the applicant for non

implementation of the judgment and order dated 05th

August 2016

passed in O.A. No. 134 of 2015.

Dr Shailendra Sharma Atal, learned counsel for the respondents

submits that the aforesaid order of the Tribunal has been stayed by

Hon’ble the Apex Court. A copy of the order dated 24.03.2017 passed

in Civil Appeal Diary No.4575 of 2017 produced by the learned

counsel for the respondents, is taken on record.




Form No. 4

[See rule 11(1)]

ORDER SHEET



M.A. No. 136 of 2016 with M.A. No. 142 of 2016

Ram Nath Singh Rathore Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


05.04.2017



List has been revised.

Present: Major Salen Xaxa, departmental representative.

On call of the case, Shri KKS Bisht, Advocate submits that Shri

PN Sahi, learned counsel for the applicant has not come to the Court

being out of station and prays for adjournment of the case.

Accordingly, the case is adjourned.



Member (A) Member (J)

RPM/-

Form No. 4

[See rule 11(1)]

ORDER SHEET



M.A. No. 2655 of 2016


Chandrika Singh Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


05.04.2017



Present: Shri Yashpal Singh, learned counsel for the applicant

and Md Zafar Khan, learned counsel for the respondents along with

Major Salen Xaxa, departmental representative.

Objection against the application for condonation of delay in

filing the restoration application filed by the respondents is taken on

record.

Copy of the aforesaid objection has been served upon learned

counsel for the applicant in Court, today. Learned counsel for the

applicant prays for and is granted four weeks’ time to file reply to the

objection.




RPM/-

Form No. 4

[See rule 11(1)]

ORDER SHEET



M.A. No. 2733 of 2016


Kali Sahai Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


05.04.2017



Present: Shri Pankaj Kumar Shukla, learned counsel for the

applicant and Ms Amrita Chakraborty, learned counsel for the

respondents along with Major Salen Xaxa, departmental

representative.

Ms Amrita Chakraborty, learned counsel for the respondents

prays for and is granted six weeks’ time to file objection on

application for condonation of delay. Replication, if any, may be filed

within two weeks’, thereafter.




RPM/-

Form No. 4

[See rule 11(1)]

ORDER SHEET



M.A. No. 215 of 2017 with M.A. No. 216 of 2017

Inre: M.A. No. 1892 and 2407 of 2016)

Smt Kamla Devi Applicant By Legal Practitioner for Applicant

Versus



Notes of the

Registry


05.04.2017



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

Md Zafar Khan, learned counsel for the respondents along with Major

Salen Xaxa, departmental representative.

Objection against the application for condonation of delay in

filing the restoration application filed by the respondents is taken on

record.

Copy of the aforesaid objection has been served upon learned

counsel for the applicant in Court, today. Learned counsel for the

applicant prays for and is granted four weeks’ time to file reply to the

objection.



Member (A) Member (J) RPM/-

Form No. 4

[See rule 11(1)]

ORDER SHEET



M.A. No 537 of 2017


Ram Bachan Prasad Applicant


Versus



Notes of Registry Order of the Tribunal

03.04.2017

Since Hon’ble Mr. Justice D.P.

Singh, Member (J) is on leave, the

court will not assemble today.

List on 24.04.2017 for orders.

I/C Registrar

Form No. 4

[See rule 11(1)]

ORDER SHEET



DY-No 3023 of 2016

Sombir Singh Applicant


Versus




03.04.2017





I/C Registrar

Form No. 4

[See rule 11(1)]

ORDER SHEET



EX-A. No 53 of 2017

Inre: O.A. No. 227 of 2016

Smt Poonam Shukla Applicant


Versus




03.04.2017





I/C Registrar

Form No. 4

[See rule 11(1)]

ORDER SHEET



M.A. No 1482 of 2016 With M.A. Nos. 1483 & 2586 of 2016

Inre: T.A. No. 894 of 2010

Jitendra Kumar Applicant


Versus




03.04.2017





I/C Registrar

Form No. 4

[See rule 11(1)]

ORDER SHEET



M.A. No 1535 of 2016


Gajender Singh Applicant


Versus




03.04.2017





I/C Registrar

Form No. 4

[See rule 11(1)]

ORDER SHEET



M.A. No. 2306 of 2016 With M.A. No. 342 of 2017

Inre: O.A. No. 26 of 2014

Jagdamba Prasad Tiwari Applicant


Versus




03.04.2017





I/C Registrar

Form No. 4

[See rule 11(1)]

ORDER SHEET



M.A. No 2652 of 2016


SC Saksena Applicant


Versus




03.04.2017





I/C Registrar

Form No. 4

[See rule 11(1)]

ORDER SHEET



M.A. No 446 of 2017


Lt Col Om Prakash Singh Applicant


Versus




03.04.2017





I/C Registrar

Form No. 4

[See rule 11(1)]

ORDER SHEET



M.A. No 449 of 2017


NA Khan Applicant


Versus




03.04.2017





Registrar

Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No. 236 of 2013

Bashisth Singh Yadav Applicant


Versus




03.04.2017





Registrar

Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No. 138 of 2016 With M.A. No. 2500 of 2016

V.K. Prajapati & Ors Applicant


Versus




03.04.2017

Since Hon’ble Mr. Justice D.P. Singh,

Member (J) is on leave, the court will not

assemble today.


I/C Registrar

Form No. 4

[See rule 11(1)]

ORDER SHEET



T.A. No. 692 of 2010 with M.A. No. 427 of 2016

Suresh Kumar Soni Petitioner


Versus




03.04.2017



assemble today.


I/C Registrar

Form No. 4

[See rule 11(1)]

ORDER SHEET



T.A. No. 87 of 2013

Mahindra Singh Bisht Petitioner


Versus




03.04.2017



assemble today.


I/C Registrar

Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No. 433 of 2012

Ram Sajiwan Applicant


Versus




03.04.2017



assemble today.

List on 02.05.2017 for further hearing.

I/C Registrar

Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No. 64 of 2013

Chandra Ballabh Bhatt (Deceased) Applicants

through Smt. Madhuri Bhatt and another

By Legal Practitioner for Applicants

Versus

Chief of Naval Staff & Others Respondents



03.04.2017



assemble today.

List on 03.05.2017 for hearing.

I/C Registrar

Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No. 285 of 2013

Smt. Sunita Devi Applicant


Versus




03.04.2017



assemble today.


I/C Registrar

Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No. 158 of 2014

Amar Ram Applicant


Versus




03.04.2017



assemble today.


I/C Registrar

Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No. 209 of 2015

Ram Niwas Applicant


Versus




03.04.2017



assemble today.


I/C Registrar

Form No. 4

[See rule 11(1)]

ORDER SHEET



O.A. No. 34 of 2016

Sabhajit Singh Applicant


Versus




03.04.2017



assemble today.


I/C Registrar

order sheet armed forces tribunal, regional bench, lucknow ...aftlko.up.nic.in/c2 daily order/c2...

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