ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

O.A. No. 564 of 2017

Mahendra Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

13.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

O.A. No. 564 of 2017, Mahendra Singh Vs Union of India & Others is disposed off.

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

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

RS/*

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

O.A. No. 421 of 2017

Satendra Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

13.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

O.A. No. 421 of 2017, Satendra Singh Vs Union of India & Others is allowed.

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

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

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Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 587 of 2017 with M.A. No. 1840 of 2017 Inre: O.A. No. Nil of 2017

Radhe Shyam Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

13.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Parijaat Belaura, learned counsel for the applicant and Shri Anurag Mishra, Advocate holding brief of Shri Kaushik

Chatterjee, learned counsel for the respondents. M.A. No. 587 of 2017 This O.A. has been filed after a delay of more than three years, wherein the applicant has prayed only for rounding off of disability pension. Accordingly, the application for condonation of delay 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. Heard learned counsel for the parties on merits. Arguments concluded. Judgment is reserved.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

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Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 1722 of 2017 Inre: O.A. No. Nil of 2017

Rama Shankar Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

13.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: None appears for the applicant. Shri Ashish Kumar Singh, Advocate holding brief of Shri Amit Jaiswal, learned counsel

for the respondents. Shri Ashish Kumar Singh, Advocate submits that Shri Amit Jaiswal, learned counsel for the respondents is not available today and prays for adjournment of the case. In the interest of justice, case is passed over for the day. List this case on 23.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

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Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 1758 of 2017 Inre: O.A. No. Nil of 2017

Anil Singh Rathore Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

13.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Virat Anand Singh, learned counsel for the applicant and Shri VPS Vats, learned counsel for the respondents.

Learned counsel for the respondents submits that he has prepared the objection to the application for condonation of delay and shall file it before the next date. List this case on 19.02.2018 for orders. Meanwhile, objection to the application for condonation of delay may be filed. No further time shall be granted for the aforesaid purpose.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

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Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 1845 of 2017 Inre: O.A. No. Nil of 2017

Rama Nand Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

13.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Virat Anand Singh, learned counsel for the applicant and Shri A.K.Gupta, learned counsel for the respondents.

As prayed, list this case on 19.02.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

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Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 M.A. No. 1846 of 2017 with M.A. No. 296 of 2018 Inre: O.A. No. Nil of 2017 Dinesh Pal Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

13.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Virat Anand Singh, learned counsel for the applicant and Ms Amrita Chakraborty, learned counsel for the respondents. M.A. No. 296 of 2018

Objection filed by the learned counsel for the respondents on the application for condonation of delay has already been taken on record. M.A. aforesaid disposed of. Learned counsel for the applicant does not intend to file reply to the objection filed by the learned counsel for the respondents. M.A. No. 1846 of 2017 This is an application for condonation of delay in filing the O.A., The grounds shown in the affidavit filed in support of the application seem to be genuine. 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 is directed to verify the documents filed by the learned counsel for the applicant alongwith this O.A. positively by the next date. List this case on 28.02.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

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Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 2014 of 2017 Inre: O.A. No. Nil of 2017

Vrajesh Kumar Shankhdhar Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

13.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri R Chandra, learned counsel for the applicant and Shri Shyam Singh, learned counsel for the respondents.

Learned counsel for the respondents prays for and is granted one week’s time to file objection on the application for condonation of delay and also counter affidavit of the O.A. List this case on 19.02.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

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Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 M.A. No. 2252 of 2017 Inre: O.A. No. Nil of 2017 Shankar Bahadur Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

13.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Sudhir Kumar Singh, learned counsel for the applicant and Shri RKS Chauhan, learned counsel for the respondents.

This is a Navy matter and the prayer in this O.A. is regarding the benefit of rounding of the disability pension. A representative of the Navy is coming on 15.03.2018. Keeping in view of the relief claimed in the O.A., we hereby direct the learned counsel for the respondents to file his objection on the application for condonation of delay and also to verify the documents/PPO filed alongwith the O.A., so that the matter may be disposed of on that day. List this case on 15.03.2018 for orders. Let a copy of this order of this order be given to the learned counsel for the respondents within 24 hours free of cost.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

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Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 2257 of 2017 Inre: O.A. No. Nil of 2017

Chander Pal Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

13.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri KK Misra, learned counsel for the applicant and Shri Ashish Kumar Singh, Advocate holding brief of Shri Amit

Jaiswal, learned counsel for the respondents. Shri Ashish Kumar Singh, Advocate submits that Shri Amit Jaiswal, learned counsel for the respondents has not come to the court and prays for adjournment of the case. In the interest of justice, the case is passed over for the day. List this case on 14.03.2018 for orders. Meanwhile, learned counsel for the respondents shall file objection on the application for condonation of delay.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

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Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 2282 of 2017 Inre: O.A. No. Nil of 2017

DS Jasrotia Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

13.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri R Chandra, learned counsel for the applicant and Shri AK Sahu, learned counsel for the respondents.

Learned counsel for the applicant prays for and is granted one week’s time to file replication to the objection filed by the learned counsel for the respondents. List this case on 19.02.2018 for orders on the application for condonation of delay.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

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Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 2283 of 2017 Inre: O.A. No. Nil of 2017

Shiv Nath Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

13.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri AK Singh, learned counsel for the petitioner and Shri AN Tripathi, learned counsel for the respondents.

M.A. No. 2283 of 2017 This is an application for condonation of delay in filing the O.A. Learned counsel for the applicant has only prayed for rounding off of disability pension, which is a recurring cause of action. We find substance in the submission of the learned counsel for the applicant. 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 is directed to verify the documents filed alongwith the O.A. positively by the next date fixed. List this case on 08.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

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Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

O.A. No. 82 of 2017

Md Arshad Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

13.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri KK Misra, learned counsel for the applicant and Dr Shailendra Sharma Atal, learned counsel for the respondents.

Learned counsel for the respondents submits that he has provided a copy of the counter affidavit to the learned counsel for the applicant and shall file the same in the Registry during the course of the day. Learned counsel for the applicant prays for and is granted four weeks’ time to file rejoinder affidavit. List this case on 16.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

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Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 205 of 2017

YP Sharma & Others Applicants By Legal Practitioner for Applicants Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

13.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Viraj Singh, Advocate holding brief of Shri Ajit Singh Gaherwar, learned counsel for the applicants and Shri

A.K.Singh, Advocate, holding brief of Shri Amit Jaiswal, learned counsel for the respondents. M.A. No. 389 of 2018 This is an application under Sub Rule (5) of Rule 4 of the Armed Forces Tribunal (Procedure) Rules, 2008 moved by the applicants to contest the case jointly. With the consent of the learned counsel for the parties, the application is allowed. ORDER (Oral) Heard learned counsel for the parties and with their consent, this O.A. is being disposed of finally. By means of this O.A., the applicants have made the following prayers : “(1) To pass an appropriate order or direction commanding the respondents to decide the representation Annexure No.-1 pending on subject Anomalies on OROP(one rank one pension scheme) for pre 2006 retiree defence pensioners/Applicant” for grant of azll the benefits applicable to the next Rank that’s Wing Commander in the light of true concept of letter and spirit of one rank one pension, may be payable from the retrospective date of retirement.”

The only prayer urged by the learned counsel for the applicants is to decide their representation dated 07.09.2016 pending before the respondent concerned. Learned counsel for the respondents has no objection to this innocuous prayer. Accordingly, this O.A. is disposed of with the direction to the respondent concerned to consider and decide the pending representation of the applicants dated 07th September 2016 by a speaking and reasoned order, in accordance with law within a period of three months from the date of production of a certified copy of this order before him. Registry is directed to provide a copy of this order to the learned counsel for the respondents for onward transmission to ensure compliance.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

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Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 1 of 2017

Jay Pal Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of Orders of the Tribunal the Registry

13.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

O.A. No. 1 of 2017, Jay Pal Singh Vs. Union of India & others is allowed. For orders, see our judgment passed on separate sheets.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

O.A. No. 564 of 2017

Mahendra Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

13.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

O.A. No. 564 of 2017, Mahendra Singh Vs Union of India & Others is disposed off.

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

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

RS/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 M.A. No. 356 of 2018 (Inre: O.A. No. Nil of 2018)

Rakesh Kumar Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

13.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Memo of appearance filed by Shri RC Shukla, Advocate, on behalf of the respondents is taken on record. His name be shown as learned counsel for the respondents, when the case is listed next.

Present: Shri OP Kushwaha, learned counsel for the applicant and Shri RC Shukla, learned counsel for the respondents. M.A. No. 356 of 2018 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 06 months and 10 days. Copy of this application has been served upon the learned Standing Counsel for the respondents on 09.02.2018.

Learned Standing Counsel appearing for the respondents prays for and is granted four weeks’ time to file objection to the delay condonation application. Replication, if any, may be filed by the learned counsel for the applicant within two weeks’, thereafter. List this case on 13.04.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 C.A. No. 2 of 2018 (Inre: O.A. No. 51 of 2017)

Chandrapal Singh Applicant By Legal Practitioner for Applicant Versus SB Yadav, Appellate Authority, Respondents Additional Directorate General PS

Notes of the Orders of the Tribunal Registry

13.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Memo of appearance filed by Shri Virendra Singh, Advocate, on behalf of respondents is taken on record. His name be shown as counsel for the respondents when the case is listed next.

Present: Smt Saraswati Rai, learned counsel for the applicant and Shri Virendra Singh, learned counsel for the respondents. C.A. No. 2 of 2018 This is a Contempt Application filed by learned counsel for the applicant under Section 12 of Contempt of Court Act.

A preliminary objection has been raised by learned counsel for the respondents that aforesaid application has been moved under the Contempt of Court Act and not under the relevant provisions of the Armed Forces Tribunal Act.

Learned counsel for the applicant is directed to amend this application as an Execution Application under Section 29 of the Armed Forces Tribunal Act, 2007 within a week.

List this case on 27.02.2018 for orders. Meanwhile, learned counsel for the respondents shall seek instructions regarding present status of the first appeal.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 EX.A. No. 32 of 2018 (Inre: O.A. No. 80 of 2017)

Darpan Singh Karki Applicant By Legal Practitioner for Applicant Versus SB Yadav, Appellate Authority, Additional Respondents Directorate General PS By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

13.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Memo of appearance filed by Dr Chet Narayan Singh, Advocate, on behalf of respondents is taken on record. His name be shown as counsel for the respondents when the case is listed next.

Present: Shri KKS Bisht, learned counsel for the applicant and Dr Chet Narayan Singh, learned counsel for the respondents. EX.A. No. 32 of 2018 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 01.08.2017 passed in O.A. No. 80 of 2017.

Learned counsel for the respondents prays for and is granted four weeks’ time to seek instructions as to why the order under execution has not been complied with. List this case on 16.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 M.A. No. 351 of 2018 with M.A. No. 352 of 2018 (Inre: T.A. No. 88 of 2013)

Union of India & Others Petitioners By Legal Practitioner for Petitioners Versus Birender Kumar Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

13.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Anurag Mishra, learned counsel for the petitioners. M.A. No. 351 of 2018

This is an application for condonation of delay in moving the application under section 31(2) of the Armed Forces Tribunal Act 2007 for grant of leave to appeal against the judgment and order dated 01.03.2017, passed by this Court in T.A. No. 88 of 2013.

As per stamp reporter’s report, there is delay of 10 months and 07 days in filing the application for leave to appeal. Section 31 (2) of the Armed Forces Tribunal Act 2007 provides that the application for leave to appeal shall be made for approaching Hon’ble Supreme Court within a period of 30 days beginning with the date of decision of the Tribunal. Apart from it, we have also gone through the grounds and reasons indicated in the affidavit filed in support of the application. In our considered opinion, the grounds urged in support of the prayer for grant of leave to appeal do not appear to be germane in view of the law laid down by the Hon’ble Supreme Court in Office of the Chief Post Master General and others vs Living Media India Ltd and another reported in 2012 STPL (LE) 46200 SC in which the Hon’ble Supreme Court has observed as under:

“Condonation of delay is an exception and should not be used as an anticipated benefit for government departments” and since “the claim on account of impersonal machinery and inherited bureaucratic methodology of making several notes cannot be accepted in view of the modern technologies being used and available. The law of limitation undoubtedly binds everybody including the Government.”

The Hon’ble Supreme Court further observed as under :

“Since the person(s) concerned were well aware or conversant with the issues involved including the prescribed period of limitation ……..They cannot claim that they have a separate period of limitation when the Department was possessed with competent persons familiar with court proceedings”.

In view of the decision of the Hon’ble Supreme Court in the aforesaid case, the application for condonation of delay cannot be entertained and it is hereby rejected.

M.A. No. 352 of 2018

This is an application under section 31 (1) of the Armed Forces Tribunal Act 2007 for grant of leave to appeal, having been moved by the petitioner beyond the period of 30 days. Since the application for condonation of delay in moving this application has been rejected, in consequence thereof, this application is also liable to be rejected.

We do not find any point of law of general public importance involved in the decision so as to grant leave to appeal. Accordingly, this application is also rejected.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 M.A. No. 353 of 2018 with M.A. No. 354 of 2018 (Inre: O.A. No. 238 of 2017)

Union of India & Others Applicants By Legal Practitioner for Applicants Versus Anil Kumar Singh Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

13.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Ms Amrita Chakraborty, learned counsel for the applicants. M.A. No. 353 of 2018

This is an application for condonation of delay in moving the application under section 31(2) of the Armed Forces Tribunal Act 2007 for grant of leave to appeal against the judgment and order dated 30.08.2017, passed by this Court in O.A. No. 238 of 2017.

As per stamp reporter’s report, there is delay of 04 months and 08 days in filing the application for leave to appeal. Section 31 (2) of the Armed Forces Tribunal Act 2007 provides that the application for leave to appeal shall be made for approaching Hon’ble Supreme Court within a period of 30 days beginning with the date of decision of the Tribunal. Apart from it, we have also gone through the grounds and reasons indicated in the affidavit filed in support of the application. In our considered opinion, the grounds urged in support of the prayer for grant of leave to appeal do not appear to be germane in view of the law laid down by the Hon’ble Supreme Court in Office of the Chief Post Master General and others vs Living Media India Ltd and another reported in 2012 STPL (LE) 46200 SC in which the Hon’ble Supreme Court has observed as under:

The Hon’ble Supreme Court further observed as under :

In view of the decision of the Hon’ble Supreme Court in the aforesaid case, the application for condonation of delay cannot be entertained and it is hereby rejected.

M.A. No. 354 of 2018

This is an application under section 31 (1) of the Armed Forces Tribunal Act 2007 for grant of leave to appeal, having been moved by the applicant beyond the period of 30 days. Since the application for condonation of delay in moving this application has been rejected, in consequence thereof, this application is also liable to be rejected.

We do not find any point of law of general public importance involved in the decision so as to grant leave to appeal. Accordingly, this application is also rejected.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 M.A. No. 358 of 2018 with M.A. No. 359 of 2018 (Inre: O.A. No. 253 of 2017)

Union of India & Others Applicants By Legal Practitioner for Applicants Versus Data Ram Respondent By Legal Practitioner for Respondent

Notes of the Orders of the Tribunal Registry

13.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Arun Kumar Sahu, learned counsel for the applicants. M.A. No. 358 of 2018

This is an application for condonation of delay in moving the application under section 31(2) of the Armed Forces Tribunal Act 2007 for grant of leave to appeal against the judgment and order dated 28.08.2017, passed by this Court in O.A. No. 253 of 2017.

As per stamp reporter’s report, there is delay of 04 months and 13 days in filing the application for leave to appeal. Section 31 (2) of the Armed Forces Tribunal Act 2007 provides that the application for leave to appeal shall be made for approaching Hon’ble Supreme Court within a period of 30 days beginning with the date of decision of the Tribunal. Apart from it, we have also gone through the grounds and reasons indicated in the affidavit filed in support of the application. In our considered opinion, the grounds urged in support of the prayer for grant of leave to appeal do not appear to be germane in view of the law laid down by the Hon’ble Supreme Court in Office of the Chief Post Master General and others vs Living Media India Ltd and another reported in 2012 STPL (LE) 46200 SC in which the Hon’ble Supreme Court has observed as under:

The Hon’ble Supreme Court further observed as under :

In view of the decision of the Hon’ble Supreme Court in the aforesaid case, the application for condonation of delay cannot be entertained and it is hereby rejected.

M.A. No. 359 of 2018

We do not find any point of law of general public importance involved in the decision so as to grant leave to appeal. Accordingly, this application is also rejected.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 T.A. No. 48 of 2017

Union of India & Others Applicants By Legal Practitioner for Applicant Versus Surendra Singh Saxena Respondent By Legal Practitioner for Respondent Notes of the Orders of the Tribunal Registry

13.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Memo of appearance filed by Shri Ashish Kumar Singh, Advocate, on behalf of the Union of India is taken on record. His name be shown as learned counsel for the applicants, when the case

is listed next. Present: Shri Ashish Kumar Singh, learned counsel for the Union of India and Shri Bachchan Singh, learned counsel for the opposite party. Office is directed to list this case on 27.02.2018 alongwith T.A. No. 98 and 99 of 2017. Meanwhile learned counsel for the opposite party shall provide copy of the aforesaid T.A. to learned counsel for the Union of India.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 153 of 2017

Bhawani Datt Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

13.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

O.A. No. 153 of 2017, Bhawani Datt vs. Union of India and others is dismissed.

For order, see our judgment passed on separate sheets.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 EX.A. No. 171 of 2017 Inre T.A. No. 1096 of 2010 Hare Ram Singh Petitioner By Legal Practitioner for Petitioner Versus Chief of Army Staff & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

13.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri Rohit Kumar, learned counsel for the petitioner and Dr. Shailendra Sharma Atal, learned counsel for the respondents and

Mr. T. Siva Prasad, AAO, PAO (ORs) ASC (South), Bangalore . The details of payment of Rs. 20 lakh have been provided by learned counsel for the respondents to learned counsel for the applicant, today in the Court. Learned counsel for the applicant prays for time to verify the details of payment and file his response. Further appearance of Mr. T. Siva Prasad, AAO, PAO (Ors) ASC (South), Bangalore before this Court is exempted, unless called for. List this case on 13.03.2018 for Orders.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 M.A. No. 2682 of 2016 with M.A. No. 2683 of 2016 Inre O.A. No. 361 of 2012 Sangeeta Devi Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

13.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri S.K. Singh, learned counsel for the applicant and Shri R.K.S. Chauhan, learned counsel for the respondents.

Learned counsel for the applicant submits that he has deposited the cost and he shall file the receipt of the same in the Registry during the course of day. If the receipt is deposited in the Registry, the case shall be restored to its original number. List this case on 12.03.2018 for Orders.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 275 of 2017 with M.A. No. 123 of 2018 Ram Bahadur Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

13.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri Shailendra Kumar Singh, learned counsel for the applicant and Maj Piyush Thakran, Departmental Representative for

the respondents. M.A. No. 123 of 2018 Counter affidavit filed earlier by learned counsel for the respondents is taken on record. M.A. aforesaid is dispose of accordingly. An adjournment is prayed on behalf of the respondents due to non availability of Mr. Sunil Sharma, learned counsel for the respondents. As prayed, the case is adjourned. List this case on 19.02.2018 for Orders. On the date fixed, learned counsel for the respondents shall produce original medical documents pertaining to the case for perusal of the Bench.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 OA No 435 of 2017 with M.A. No 2352 of 2017 Kuldeep Upadhyay Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

13.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri P.N. Chaturvedi, learned counsel for the applicant and Mrs Anju Singh, learned counsel for the respondents.

M.A. No 2352 of 2017 Counter affidavit filed by learned counsel for the respondents is taken on record. M.A. aforesaid is dispose of accordingly. Learned counsel for the applicant submits that he shall file rejoinder affidavit in the Registry during the course of day. List this case on 08.03.2018 for hearing. On the date fixed, learned counsel for the respondents shall produce original medical documents pertaining to the case for perusal of the Bench.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 601 of 2017 Patve Mohasin SK Salim Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

13.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri Virat Anand Singh, Advocate holding brief of Shri Manoj Kumar Singh, learned counsel for the applicant and Maj Piyush

Thakran, Departmental Representative for the respondents. On call of the case, Shri Virat Anand Singh submits that learned counsel for the applicant is not available today and prays for adjournment of the case. Accordingly, the case is adjourned. In the meantime, learned counsel for the respondents may file counter affidavit. List this case on 09.03.2018 for Orders.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 701 of 2017 Lal Bahadur Patel Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

13.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Col AK Srivastava (Retd), learned counsel for the applicant and Mrs Appoli Srivastava, learned counsel for the

respondents. Learned counsel for the respondents prays for and is granted two weeks and no more time to file counter affidavit. List this case on 12.03.2018 for orders.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 80 of 2018 Warrant Officer Gore Lal Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

13.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri Parijaat Belaura, learned counsel for the applicant and Maj Piyush Thakran, Departmental Representative for the

respondents. An adjournment is prayed on behalf of the respondents due to non availability of Mr. Amit Jaiswal, learned counsel for the respondents. As prayed, the case is adjourned. List this case on 19.02.2018 for Orders.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 R.A. No. 50 of 2017 Inre T.A. No. 84 of 2013 Gurmeet Singh & Others Petitioners By Legal Practitioner for Petitioners Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

13.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri Bachchan Singh, learned counsel for the Petitioner and Maj Piyush Thakran, Departmental Representative for the

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 T.A. No. 2 of 2017 with M.A. No. 394 of 2018 Anil Kumar Singh Petitioner By Legal Practitioner for Petitioner Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

13.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Mohd Fareed Ahmad, learned counsel for the Petitioner and Dr. Chet Narain Singh, learned counsel for the respondents.

M.A. No 394 of 2018 Supplementary counter affidavit filed by learned counsel for the respondents is taken on record. M.A. aforesaid is dispose of accordingly. Learned counsel for the applicant prays for and is granted two weeks’ time to file supplementary rejoinder affidavit. List this case on 16.03.2018 for orders.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 T.A. No. 17 of 2017 R.K. Kashyap Petitioner

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

Notes of the Orders of the Tribunal Registry

13.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri P.N. Chaturvedi, Advocate holding brief of Shri Prashant Kumar Singh, learned counsel for the Petitioner and Mohd

Zafar Khan, learned counsel for the respondents. Vide order dated 10.01.2018, notices were issued to respondent No. 3 & 5. Notice to respondent No. 3 has been served whereas he has intimated that he is sick and he is not in position to take long journey and stay away from his residence. His service is deemed sufficient. Notice issued to respondent No. 5 has not been received back served or un-served. Let a fresh notice be issued to respondent No. 5 at his Lucknow address. Learned counsel for the petitioner prays for time to go through the records received by him from learned counsel for the respondents, today in the Court. List this case on 26.03.2018 for orders.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 164 of 2013 Warrant Officer Shashi Kant Chaturvedi Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

12.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri P.N. Chaturvedi, learned counsel for the applicant and Dr. Shailendra Sharma Atal, learned counsel for

the respondents. On call of the case, learned counsel for the applicant prays for adjournment for which learned counsel for the respondents has no objection. As prayed by learned counsel for the applicant, the case is adjourned. List this case on 07.03.2018 for hearing. On the date fixed, learned counsel for the respondents shall submit original documents pertaining to the case for perusal of the Bench.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 152 of 2017 with O.A. No. 417 of 2012 (Decided)

Rajendra Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

12.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri V.K. Pandey, learned counsel for the applicant and Dr. Shailendra Sharma Atal, learned counsel for the

respondents. Learned counsel for the respondents submits that he has already provided copy of counter affidavit to learned counsel for the applicant and shall file the same in the Registry during the course of day. Learned counsel for the applicant prays for and is granted two weeks’ time to file file rejoinder affidavit. List this case on 27.03.2018 for orders.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 447 of 2017 Vikas Pandey Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

12.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri P.N. Chaturvedi, learned counsel for the applicant and Dr. Shailendra Sharma Atal, learned counsel for

the respondents. Learned counsel for the respondents submits that he has already provided copy of counter affidavit to learned counsel for the applicant and shall file the same in the Registry during the course of day. Learned counsel for the applicant prays for and is granted two weeks’ time to file file rejoinder affidavit. List this case on 27.03.2018 for orders.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 481 of 2017 Laxman Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

12.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Col R.N. Singh (Retd), learned counsel for the applicant and Maj Piyush Thakran, Departmental Representative

for the respondents. Learned counsel for the respondents prays for and is granted two weeks’ time to file counter affidavit. Rejoinder affidavit, if any, may be filed by learned counsel for the applicant within two weeks, thereafter. Learned counsel for the applicant is also directed to file copy of the order passed by Hon’ble Delhi High Court in Writ Petition No. 3413 of 1997. List this case on 05.04.2018 for orders.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 593 of 2017 with M.A. No. 372 of 2018

Maharaj Ahmed Khan Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

12.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri V.K. Singh, Advocate holding brief of Shri K.K. Misra, learned counsel for the applicant and Shri Rajiv

Pandey, learned counsel for the respondents. M.A. No. 372 of 2018 Counter affidavit filed by learned counsel for the respondents today in the Court is taken on record. M.A. aforesaid is disposed of accordingly. Learned counsel for the applicant prays for and is granted two weeks’ time to file rejoinder affidavit. List this case on 09.03.2018 for orders. On the date fixed, learned counsel for the respondents shall submit original medical documents pertaining to the case for perusal of the Bench.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 T.A. No. 55 of 2009 with M.A. No. 371 of 2018 Smt. Poonam Rana & Others Petitioner By Legal Practitioner for Petitioner Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

12.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri R.N. Singh, Advocate holding brief of Shri Manoj Kumar Singh, learned counsel for the petitioner and Ms.

Amrita Chakraborty, learned counsel for the respondents. M.A. No. 371 of 2018 Objection on substitution application, filed today in the court, by learned counsel for the respondents is taken on record. Shri R.N. Singh, Advocate prays for adjournment on the ground that learned counsel for the applicant is not available. As prayed, the case is adjourned. List this case on 27.02.2018 for hearing on substitution application.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 T.A. No. 87 of 2016 Yuvraj Singh Petitioner By Legal Practitioner for Petitioner Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

12.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri Shailendra Kumar Singh, learned counsel for the petitioner and Shri V.P.S. Vats, learned counsel for the

respondents. Learned counsel for the petitioner submits that he does not intend to file any rejoinder affidavit. Hence, this case be listed for hearing. List this case on 06.04.2018 for hearing. On the date fixed, learned counsel for the respondents shall submit original documents pertaining to the case for perusal of the Bench.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 T.A. No. 6 of 2013 Zamir Ahmad Petitioner By Legal Practitioner for Petitioner Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

12.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Col R.N. Singh (Retd) & Shri Virat Anand Singh, learned counsel for the petitioner and Shri Asheesh Agnihotri,

learned counsel for the respondents. On call of the case, earned counsel for the petitioner submits that the petitioner has some documents which are necessary for this case and prays short adjournment of the case. As prayed, the case is adjourned. List this case on 09.04.2018 for hearing. On the date fixed, learned counsel for the respondents shall submit original documents pertaining to the case for perusal of the Bench.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 240 of 2014 Mahandra Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

12.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri V.K. Pandey, learned counsel for the applicant and Dr. Shailendra Sharma Atal, learned counsel for the

respondents. Learned counsel for the applicant prays for and is granted two weeks’ time to file amendment application. As prayed, list this case on 14.03.2018 for orders.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 47 of 2016

Akhilesh Kumar Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

12.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri P.N. Chaturvedi, learned counsel for the applicant and Shri Namit Sharma, learned counsel for the

respondents. Vakalatnama filed by Shri Namit Sharma on behalf of Respondent No. 5 is taken on record. His name be shown as learned counsel for the respondent No. 5, when the case is listed next. It is submitted by learned counsel for the respondent No. 5 that counter affidavit filed on behalf of remaining respondents is adopted and no separate counter affidavit shall be filed on his behalf. Learned counsel for the applicant has submitted that he has not received Page No. 30 of the counter affidavit. Learned counsel for the respondents is directed to provide copy of the same to learned counsel for the applicant to enable him to furnish reply with regard to the said document. List this case on 28.03.2018 for hearing. On the date fixed, learned counsel for the respondents shall submit original medical documents and discharge order pertaining to the case for perusal of the Bench.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 138 of 2016 with M.A. No. 2500 of 2016 V.K. Prajapati & Ors Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

12.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri O.P. Kushwaha, Advocate holding brief of Shri Rajeev Srivastava, learned counsel for the applicant and Dr.

Shailendra Sharma Atal, learned counsel for the respondents. Shri O.P. Kushwaha, Advocate submits that learned counsel for the applicant is not available today and prays for adjournment of the case. In the meantime, learned counsel for the respondents shall file their supplementary counter affidavit. List this case on 04.04.2018 for hearing. On the date fixed, learned counsel for the respondents shall submit original documents pertaining to the case for perusal of the Bench.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 165 of 2016 Ajit Kumar Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry 12.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri Yash Pal Singh, learned counsel for the applicant and Dr. Shesh Narain Pandey, learned counsel for the respondents.

While admitting this case on 18.07.2016, it was directed that question with regard to issue notices to private respondent Nos. 7, 8 & 9 shall be considered after receipt of counter affidavit filed by official respondents. We have heard learned counsel for the parties on the point of issue of notices to private respondent Nos. 7,8 & 9. Only allegation made by learned counsel for the applicant is that the applicant was recommended for medical examination which was conducted by a proper medical board and finally he was released on the recommendations of IMB. There is no allegation made against the Doctors conducting the Medical Board. Medical Board was not under pressure by anybody therefore in our considered opinion there is no need to issue notice to respondent Nos. 7, 8 & 9. Accordingly, we hereby direct that no notices shall be issued to respondent No. 7,8 & 9. Learned counsel for the applicant prays for time to take steps to make party to other respondents. List this case on 23.03.2018 for orders. On the date fixed, learned counsel for the respondents shall submit original medical documents pertaining to the case for perusal of the Bench.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 188 of 2016

Durga Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

12.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri R.N. Singh, Advocate holding brief of Shri M.K. Singh, learned counsel for the applicant and Shri Amit

Sharma, learned counsel for the respondents. Shri R.N. Singh, Advocate submits that learned counsel for the applicant is not available today and prays for adjournment of the case. Accordingly, the case is adjourned. List this case on 27.03.2018 for orders. In the meantime learned counsel for the respondents may file supplementary counter affidavit.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 220 of 2016 Radhey Shyam Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

12.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri Shailendra Kumar Singh, learned counsel for the applicant and Shri V.P.S. Vats, learned counsel for the

respondents. In pursuance to our order dated 24.01.2018, direction was given to representative of PAO (OR) Rajput Regiment, Fatehgarh to appear in person in the Court. Today, no one is present on his behalf. Learned counsel for the respondents prays for and is granted two weeks’ time to comply with the said directions. List this case on 05.03.2018 for hearing. On the date fixed, learned counsel for the respondents shall submit original documents pertaining to the case for perusal of the Bench.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 321 of 2016 with M.A. No. 2184 of 2017

K.K. Pandey Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

12.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri V.K. Pandey, learned counsel for the applicant and Shri Asheesh Agnihotri, learned counsel for the respondents.

The issue relates to maintainability of the case under which order of reprimand has been challenged. Learned counsel for the parties are directed to bring on record case laws pertaining to issue on the maintainability of the case. List this case on 28.02.2018 for hearing. On the date fixed, learned counsel for the respondents shall submit original documents pertaining to the case for perusal of the Bench.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 109 of 2017 with M.A. No. 373 of 2018 Ram Deo Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

12.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri R. Chandra, learned counsel for the applicant and Dr. S.N. Pandey learned counsel for the respondents.

M.A. No. 373 of 2018 Counter affidavit filed by learned counsel for the respondents is taken on record. Copy of the same has been provided to learned counsel for the applicant. M.A. aforesaid is dispose of accordingly. Rejoinder affidavit, if any, may be filed by learned counsel for the applicant within two weeks, thereafter. List this case on 05.04.2018 for orders.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 111 of 2017

Raj Kumar Verma Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

12.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri P.N. Chaturvedi, learned counsel for the applicant and Shri Namit Sharma, learned counsel for the

respondents. Cost imposed by the Court has been deposited in the Registry. The case is restored to its original number. List this case on 26.02.2018 for hearing in Court No. 2. On the date fixed, learned counsel for the respondents shall submit original documents pertaining to the case for perusal of the Bench.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 120 of 2017 with M.A. No. 2178 of 2017

V.P. Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

12.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Ms. Poonam Singh, learned counsel for the applicant and Dr. Gyan Singh, learned counsel for the

respondents. List this case on 27.02.2018 for hearing in Court No. 2. On the date fixed, learned counsel for the respondents shall submit original documents pertaining to the case for perusal of the Bench.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 145 of 2017 with M.A. No. 15 of 2018 & M.A. No. 2341 of 2017 Ex Rect Pintu Verma Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

12.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Dr. Sanjay Kumar Singh, learned counsel for the applicant and Ms. Appoli Srivastava, learned counsel for the

respondents. M.A. No. 2341 of 2017 Rejoinder affidavit filed by learned counsel for the respondents is taken on record. M.A aforesaid is dispose of accordingly. As prayed, list this case on 07.03.2018 for hearing. On the date fixed, learned counsel for the respondents shall submit original documents pertaining to the case for perusal of the Bench.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 312 of 2017 with M.A. No. 2321 of 2017

Shyam Lal Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

12.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri Harshvardhan, learned counsel for the applicant and Shri Bhanu Pratap Singh, learned counsel for the

respondents. In this case, vide order dated 10.01.2018, the delay was condoned. It is informed by learned counsel for the applicant that there was no delay and office has not reported any delay in filing the Original Application. O.A. has not been admitted and we have directed learned counsel for the respondents to file counter affidavit. Heard learned counsel for the parties. This application has been filed for rounding off of disability pension which is recurring cause of action. Admit. List this case on 12.03.2018 for orders to enable learned counsel for the applicant to file rejoinder affidavit filing which we shall proceed to hear the case and to dispose of finally.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 322 of 2017 Bijendra Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

12.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri Yash Pal Singh learned counsel for the applicant and Maj Piyush Thakran, Departmental Representative

for the respondents. As prayed on behalf of the respondents, two weeks’ time is granted to file counter affidavit. Rejoinder affidavit, if any, may be filed by learned counsel for the applicant within two weeks, thereafter. List this case on 22.03.2018 for orders.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 302 of 2018 Inre: O.A. No. Nil of 2018

Bom Bahadur Thapa Applicant By Legal Practitioner for Applicant Versus Union of India, & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

09.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Memo of appearance filed by Shri Asheesh Agnihotri, Advocate on behalf of the respondents is taken on record. His name be shown as

learned counsel for the respondents, when the case is next listed. Present: Shri Amit Verma, learned counsel for the applicant and Shri Asheesh Agnihotri, learned counsel for the respondents. M.A. No. 302 of 2018 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 22 years, 02 months and 05 days. Copy of this application has been served upon the learned Standing Counsel for the respondents on 07.02.2018. Learned Standing Counsel appearing for the respondents prays for and is granted four weeks’ time to file objection to the delay condonation application. Replication, if any, may be filed by the learned counsel for the applicant within two weeks’ thereafter. List this case on 02.04.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

RS/*

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 309 of 2018 Inre: O.A. No. Nil of 2018

Harish Chandra Mishra Applicant By Legal Practitioner for Applicant Versus Union of India, & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

09.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Memo of appearance filed by Shri Sunil Sharma, Advocate on behalf of the respondents is taken on record. His name be shown as

learned counsel for the respondents, when the case is next listed. Present: Shri SK Malviya, learned counsel for the applicant and Shri Sunil Sharma, learned counsel for the respondents. M.A. No. 309 of 2018 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 07 years, 05 months and 13 days. Copy of this application has been served upon the learned Standing Counsel for the respondents on 07.02.2018. Learned Standing Counsel appearing for the respondents prays for and is granted four weeks’ time to file objection to the delay condonation application. Replication, if any, may be filed by the learned counsel for the applicant within two weeks’ thereafter. List this case on 21.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

RS/*

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 310 of 2018 Inre: O.A. No. Nil of 2018

Brig Ved Prakash Shahi (Retd) Applicant By Legal Practitioner for Applicant Versus Union of India, & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

09.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Memo of appearance filed by Shri Anurag Mishra, Advocate on behalf of the respondents is taken on record. His name be shown as

learned counsel for the respondents, when the case is next listed. Present: Shri SG Singh, learned counsel for the applicant and Shri Anurag Mishra, learned counsel for the respondents. M.A. No. 310 of 2018 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, there no is delay, however delay condonation application filed by learned counsel for the applicant. Copy of this application has been served upon the learned Standing Counsel for the respondents on 07.02.2018. Learned Standing Counsel appearing for the respondents prays for and is granted four weeks’ time to file objection to the delay condonation application. Replication, if any, may be filed by the learned counsel for the applicant within two weeks’ thereafter. List this case on 21.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

RS/*

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 303 of 2018 with M.A. No. 304 of 2018 Inre: O.A. No. 251 of 2017

Union of India & Others Applicants By Legal Practitioner for Applicants Versus Col Rajbir Singh Sangwan (Retd) Respondent By Legal Practitioner for Respondent Notes of the Orders of the Tribunal Registry

09.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Ms Amrita Chakraborty, learned counsel for the petitioner and Maj Piyush Thakran, Departmental Representative.

MA. No. 303 of 2018 This is an application for condonation of delay in moving the application under section 31(2) of the Armed Forces Tribunal Act 2007 for grant of leave to appeal against the judgment and order dated 29.08.2017 passed by this Court in O.A. No. 251 of 2017.

As per stamp reporter’s report, there is delay of 04 months and 07 days in filing the application for leave to appeal. Section 31 (2) of the Armed Forces Tribunal Act 2007 provides that the application for leave to appeal shall be made for approaching Hon’ble Supreme Court within a period of 30 days beginning with the date of decision of the Tribunal. Apart from it, we have also gone through the grounds and reasons indicated in the affidavit filed in support of the application. In our considered opinion, the grounds urged in support of the prayer for grant of leave to appeal do not appear to be germane in view of the law laid down by the Hon’ble Supreme Court in Office of the Chief Post Master General and others vs Living Media India Ltd and another reported in 2012 STPL (LE) 46200 SC in which the Hon’ble Supreme Court has observed as under:

The Hon’ble Supreme Court further observed as under :

In view of the decision of the Hon’ble Supreme Court in the aforesaid case, the application for condonation of delay cannot be entertained and it is hereby rejected.

M.A. No 304 of 2018

Even otherwise also, we find that the matter pertains to grant of disability pension but we do not find any point of law of general public importance involved in the decision so as to grant leave to appeal. Accordingly, this application is also rejected.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

RS/*

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 315 of 2018 with M.A. No. 316 of 2018 Inre: T.A. No. 1364 of 2010

Union of India & Others Petitioners By Legal Practitioner for Petitioners Versus Mohan Singh Respondent By Legal Practitioner for Respondent Notes of the Orders of the Tribunal Registry

09.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Namit Sharma, learned counsel for the petitioner and Maj Piyush Thakran, Departmental Representative.

MA. No. 315 of 2018 This is an application for condonation of delay in moving the application under section 31(2) of the Armed Forces Tribunal Act 2007 for grant of leave to appeal against the judgment and order dated 06.04.2017 passed by this Court in T.A. No. 1364 of 2010.

As per stamp reporter’s report, there is delay of 09 months in filing the application for leave to appeal. Section 31 (2) of the Armed Forces Tribunal Act 2007 provides that the application for leave to appeal shall be made for approaching Hon’ble Supreme Court within a period of 30 days beginning with the date of decision of the Tribunal. Apart from it, we have also gone through the grounds and reasons indicated in the affidavit filed in support of the application. In our considered opinion, the grounds urged in support of the prayer for grant of leave to appeal do not appear to be germane in view of the law laid down by the Hon’ble Supreme Court in Office of the Chief Post Master General and others vs Living Media India Ltd and another reported in 2012 STPL (LE) 46200 SC in which the Hon’ble Supreme Court has observed as under:

The Hon’ble Supreme Court further observed as under :

In view of the decision of the Hon’ble Supreme Court in the aforesaid case, the application for condonation of delay cannot be entertained and it is hereby rejected.

M.A. No 316 of 2018

Even otherwise also, we do not find any point of law of general public importance involved in the decision so as to grant leave to appeal. Accordingly, this application is also rejected.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

RS/*

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

T.A. No. 53 of 2017

Raheem Khan Petitioner By Legal Practitioner for Petitioner Versus Union of India, & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

09.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Memo of appearance filed by Shri RKS Chauhan, Advocate on behalf of the respondents is taken on record. His name be shown as

learned counsel for the respondents, when the case is next listed. Present: Shri Mohd Askai Ali, learned counsel for the petitioner and Shri RKS Chauhan, learned counsel for the respondents. Learned counsel for the respondents prays for and is granted four weeks’ 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 15.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

RS/*

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

O.A. No. 102 of 2018

Ram Chandar Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

09.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Memo of appearance filed by Shri Virendra Singh, Advocate on behalf of the respondents is taken on record. His name be shown as

learned counsel for the respondents, when the case is next listed. Present: Shri Pushp Raj Singh, learned counsel for the applicant and Shri Virendra Singh, learned counsel for the respondents. M.A. No. 314 of 2018 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, Keeping in view the controversy involved in this case, the application for condonation of delay 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.No.102 of 2018. ORDER (Oral) Heard learned counsel for the parties and with their consent, this petition is being disposed of at the admission stage. It is submitted by the learned counsel for the applicant that the applicant was enrolled in the Army on 17.02.1947 and he was discharged from service on 08.04.1968 after rendering 21 years and 60 of service. The date of birth of the applicant is 16.02.1921. It is further submitted that the applicant has completed 85 years of age and he is regularly getting his pension, therefore, in view of the relevant circulars issued from time to time by the Government of India, the applicant is entitled to get enhanced pension after 85 years of age and the same has to be revised after 85 years of age. In this connection, the applicant has moved an application/representation dated 26.07.2017 before the Chief Principal Controller, Defence Account, Draupadi Ghat, Allahabad, respondent no.3, but no decision has yet been taken. It is informed by the learned counsel for the respondents that in this matter, it is only the Chief Principal Controller, Defence Account, Draupadi Ghat, Allahabad, respondent no.3, who has taken the decision and no separate instruction from the respondent is required in this matter because as per Policy, pension is to be enhanced after age of 80 years and as per table. We accordingly dispose of this O.A. finally with the direction to the Chief Principal Controller, Defence Account, Draupadi Ghat, Allahabad, respondent no.3 to take immediate decision on the pending application/representation dated 26.07.2017 moved by the applicant. The applicant is given liberty to move a fresh representation before the Chief Principal Controller, Defence Account, Draupadi Ghat, Allahabad, respondent no.3 alongwith a copy of this order and the respondent no.3, who shall consider and dispose of the same by a speaking and reasoned order, in accordance with law, within a period of two months from the date of filing such representation alongwith certified copy of this order.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

PKG

Form No. 4

[See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

DY-No. 669 of 2016 with M.A. No. 1623 of 2016 Inre: O.A. No. Nil of 2018

Lal Babu Tiwari Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

09.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Lal Babu Tiwari, Applicant in person. Shri Ashish Kumar Singh, learned counsel for the respondents.

Shri Lal Babu Tiwari, Applicant, who is present in person, submits that his counsel Shri Virat Anand Singh, Advocate has not come to the Court and prays for adjournment of the case. The defects pointed out by the Registry have not yet been removed by the learned counsel for the applicant. Last opportunity is granted to the learned counsel for the applicant to remove the defect by the next date fixed. Office is directed to print the name of Shri Virat Anand Singh, Advocate as learned counsel for the applicant when the case is next listed. List this case on 19.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

PKG

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

DY-No. 1619 of 2017 with M.A. No. 2174 of 2017 Inre: O.A. No. Nil of 2017

Bharat Prasad Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the ders of the Tribunal Registry

09.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

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

Shri Amit Sharma, learned counsel for the respondents. The defects pointed out by the Registry vide its report dated 25th September 2017 have not yet been removed by the learned counsel for the applicant. He prays for and is granted time till the next date of listed for the said purpose. List this case on 08.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

PKG

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

DY-No. 1692 of 2017 alongwith M.A.No.345 of 2018 Inre: O.A. No. Nil of 2017

Urba Datt Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

09.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Memo of appearance filed by Shri Vinay Pandey, Advocate on

behalf of the applicant is taken on record. His name be shown as learned counsel for the applicant, when the case is next listed. Present: Shri Vinay Pandey, learned counsel for the applicant and Shri Ashish Kumar Singh, learned counsel for the respondents. M.A.No. 345 of 2018 This is an application for condonation of delay in filing the O.A., which as per averments in the application, is delayed by more than 10 years, a copy of the same has been provided to the learned counsel for the respondents, who prays for and is granted four weeks’ time to file objection to the application for condontion of delay. List this case on 22.03.2018 for orders, showing the name of Shri Vinay Pandey as learned counsel for the applicant.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

PKG

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

O.A.No. 100 of 2018

Surendra Pal Verma Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

09.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Vikas Singh Chauhan, Advocate holding brief of

Shri Taj Singh, learned counsel for the applicant and Dr Gyan Singh, learned counsel for the respondents. 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.No. 100 of 2018. Learned counsel for the respondents prays for and is granted four weeks’ time to file counter affidavit. Rejoinder affidavit, if any, may be filed by the learned counsel for the applicant within two weeks thereafter. List this case on 26.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

PKG

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

EX-A No. 246 of 2016 Inre: O.A. No. 299 of 2011

Vishal Singh Chauhan Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

09.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri PK Shukla, Advocate holding brief of Shri Virat Anand Singh, learned counsel for the applicant and Shri Yogesh

Kesarwani, learned counsel for the respondents. EX-A. No. 246 of 2016

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 04.02.2016 passed in O.A. No. 229 of 2011.

Learned counsel for the respondents submits that a letter dated 11th January 2018 has been issued for the reinstatement of the applicant. Shri PK Shukla, Advocate holding brief of Shri Virat Anand Singh, learned counsel for the applicant prays for time to seek instructions from the applicant as to whether the order has been complied with or not. List this case on 26.02.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

PKG

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

EX-A. No. 196 of 2017 Inre: T.A. No. 1207 of 2010

Smt Vimla Devi Petitioner By Legal Practitioner for Petitioner Versus Union of India & others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

09.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Rohit Kumar, learned counsel for the applicant and Ms Amrita Chakraborty, learned counsel for the respondents.

Learned counsel for the respondents prays for and is granted four weeks’ further time to show cause as to why the order under execution has not been complied with. List this case on 21.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

PKG

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

EX-A. No. 203 of 2017 Inre: O.A. No. 374 of 2017

Lt Col Rakesh Nandkeolyar (Retd) Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

09.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri R Chandra, learned counsel for the applicant and Dr Shailendra Sharma Atal, learned counsel for the respondents.

Learned counsel for the applicant has submitted that vide order dated 30th August, 2017 under execution, a direction was issued to the respondents to grant disability pension to the applicant @ 20% for five years from the date of discharge. In compliance of the aforesaid order, vide order dated 17th November 2017 disability element @ 50% w.e.f. 01.01.2006 for five years has been sanctioned and PPO is to be issued accordingly. Learned counsel for the applicant submits that it ought not to have been sanctioned from the date of discharge i.e. 1st October 2000. The submission of the learned counsel for the applicant has substance. Learned counsel for the respondents is directed to get the sanction order corrected accordingly and to issue correct PPO in compliance of the aforesaid order under execution. List this case on 12.04.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

PKG

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 Ex.A. No. 30 of 2018 (Inre: O.A. No. 119 of 2017) Smt Rajwati Yadav Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

09.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Memo of appearance filed by Dr. Shailendra Sharma Atal, Advocate on behalf of the respondents is taken on record. His name be shown as counsel for the respondents when the case is listed next.

Present: Shri Agrej Nath Shukla, learned counsel for the applicant and Dr. Shailendra Sharma Atal, learned counsel for the respondents. Ex.A. No. 30 of 2018

This application has been filed for execution of the order dated 24.04.2017. His second execution application was disposed of vide order dated 19.09.2017 being infructuous as the Tribunal order was complied with vide order dated 13.09.2017 which is reproduced as under : “WHEREAS, your name has been included in the list of dependant of the deceased Govt servant who have applied for compassionate appointment. The appointment will be decided by a Board of Officer and your case for compassionate appointment will be considered on the merit of the case with dependent of other deceased person’s in next board only.”

Learned counsel for the applicant submits that with aforesaid order, Board of Officer has to consider the compassionate appointment, but the decision of the Board has not yet been communicated to the applicant. We find substance to the submission of the learned counsel for the applicant. Therefore, we hereby direct the learned counsel for the respondents to seek instruction in this matter and to show cause as to why the order under execution has not been complied with. List this case on 19.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 M.A. No. 1655 of 2017 (Inre: O.A. No. Nil of 2017) Aftab Alam Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

09.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri VP Pandey, learned counsel for the applicant and Shri Virendra Singh, learned counsel for the respondents. M.A. No. 1655 of 2017

This O.A. has been filed after a delay of 01 year and 06 months. Learned counsel for the respondents was directed to file objection on delay condonation application and he has taken several adjournment for this purpose, therefore, we close the opportunity to file objection. By means of this O.A., applicant has prayed for rounding of the disability pension from 40% to 50% which is recurring cause of action. The submission of the learned counsel for the applicant has substance. Accordingly, this application is allowed and the delay in filing the O.A. is hereby condoned. Having heard the learned counsel for the parties, we find that it is a fit case for admission. Admit. Let the case be registered as O.A. Learned counsel for the respondents prays for and is granted four weeks’ time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week, thereafter. List this case on 15.03.2018 for orders. In the meanwhile, learned counsel for the respondents shall file counter affidavit alongwith medical documents pertaining to this case.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 M.A. No. 1791 of 2017 (Inre: O.A. No. Nil of 2017) Awanish Kumar Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

09.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

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

Learned counsel for the respondents prays for time to file objection on the application for condonation of delay. Two weeks’ further time is granted for the aforesaid purpose. List this case on 19.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 M.A. No. 2001 of 2017 (Inre: O.A. No. Nil of 2017) Nihal Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

09.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri SK Singh, learned counsel for the applicant and Shri Ashish Agnihotri, learned counsel for the respondents.

Learned counsel for the respondents prays for and is granted two weeks’ and no more time to file objection on the application for condonation of delay. Replication, if any, may be filed by learned counsel for the applicant, thereafter. List this case on 27.02.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/- Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 M.A. No. 2015 of 2017 (Inre: O.A. No. Nil of 2017) Pinku Kumar Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

09.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Ajay Kishor Pandey, learned counsel for the applicant and Shri Virender Singh, learned counsel for the

respondents. M.A. No. 346 of 2018 Objection on the application for condonation of delay filed by learned counsel for the respondents, in Court today, is taken on record. Accordingly, aforesaid M.A. stands disposed of. Learned counsel for the applicant prays for and is granted four weeks, time to go through it and file reply, if any. List this case on 13.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/- Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 101 of 2018 with M.A. No. 2030 of 2017

Surendra Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

09.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri OP Kushwaha, learned counsel for the applicant and Shri Ashish Kumar Singh, learned counsel for the respondents.

M.A. No. 2030 of 2017 This is an application for condonation of delay in filing the original application. Grounds shown in the affidavit seem to be sufficient. Accordingly, this 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. No. 101 of 2018. O.A. No. 101 of 2018 Learned counsel for the applicant submits that he restricts his argument only to the prayer whereby the following prayers have been made:- “(i) This Hon’ble Court may graciously be please to direct the respondents no.2 to permit the applicant to appear in Re-Medical Board so that to affirm the disability percentage of applicant for his blindness. (ii) This Hon’ble Court may graciously be pleased to direct the respondents no. 2 to decide the representation of applicant dated 28-2-2017(Annexure no.A-3) sent by the applicant for re-medial board of applicant before respondent no.2. (iii) This Hon’ble Court may further be please to pass such other and/pr further order as deem fit, proper and necessary in the circumstances of this case. (iv) Award costs to the applicant.”

With consent of the parties, we hereby disposed of this O.A. finally with direction to the respondent No. 2 to decide the representation dated 28.02.2017 which is annexed at Annexure no. A-3 by a reasoned and speaking order within a period of four months from the date of production of a certified copy of this order before the respondent concerned. Registry is directed to provide a copy of this order to learned counsel for the respondents free of cost for its onward transmission and compliance. With aforesaid direction, this O.A. is disposed of, finally,

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 M.A. No. 2354 of 2017 (Inre: T.A. No. 34 of 2010) Vinay Kumar Petitioner By Legal Practitioner for Petitioner Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

09.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Sachindra Pratap Singh, learned counsel for the applicant and Shri Asheesh Agnihotri, learned counsel for the

respondents. M.A. No. 2354 of 2017 Learned counsel for the respondents prays for and granted four weeks’ further time to file compliance of the order of the Tribunal dated 09.08.2017 passed in T.A. No. 34 of 2010. Registry is directed to show this application as an execution application instead of M.A. application in cause list of next date. List this case on 28.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 2239 of 2017 Inre: O.A. No. Nil of 2017

Satya Ram Applicant By Legal Practitioner for Applicant Versus Union of India, & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

08.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Memo of appearance filed by Shri Bhanu Pratap Singh, Advocate on behalf of the respondents is taken on record. His name be shown as

learned counsel for the respondents, when the case is next listed. Present: Shri Virendra Prasad, learned counsel for the applicant and Shri Bhanu Pratap Singh, learned counsel for the respondents. M.A. No. 2239 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 04 years, 02 months and 10 days. Copy of this application has been served upon the learned Standing Counsel for the respondents on 13.12.2017. Learned Standing Counsel appearing for the respondents prays for and is granted four weeks’ time to file objection to the delay condonation application. Replication, if any, may be filed by the learned counsel for the applicant within two weeks’ thereafter. List this case on 22.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

RS/*

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 2246 of 2017 Inre: O.A. No. Nil of 2017

Om Prakash Chaurasia Applicant By Legal Practitioner for Applicant Versus Union of India, & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

08.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Memo of appearance filed by Shri Ashish Kumar Singh, Advocate on behalf of the respondents is taken on record. His name be

shown as learned counsel for the respondents, when the case is next listed. Present: Shri PN Chaturvedi, learned counsel for the applicant and Shri Ashish Kumar Singh, learned counsel for the respondents. M.A. No. 2246 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 16 years and 10 days. Copy of this application has been served upon the learned Standing Counsel for the respondents on 17.11.2017. Learned Standing Counsel appearing for the respondents prays for and is granted four weeks’ time to file objection to the delay condonation application. Replication, if any, may be filed by the learned counsel for the applicant within two weeks’ thereafter. List this case on 23.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

RS/*

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 297 of 2018 Inre: O.A. No. Nil of 2018

Shyam Prit Singh Applicant By Legal Practitioner for Applicant Versus Union of India, & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

08.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Memo of appearance filed by Shri GS Sikarwar, Advocate on behalf of the respondents is taken on record. His name be shown as

learned counsel for the respondents, when the case is next listed. Present: Shri Parijat Belaura, learned counsel for the applicant and Shri GS Sikarwar, learned counsel for the respondents. M.A. No. 297 of 2018 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 11 years, 07 months and 04 days . Copy of this application has been served upon the learned Standing Counsel for the respondents on 06.02.2018. Learned Standing Counsel appearing for the respondents prays for and is granted four weeks’ time to file objection to the delay condonation application. Replication, if any, may be filed by the learned counsel for the applicant within two weeks’ thereafter. List this case on 23.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

RS/*

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

DY-No. 1986 of 2017 with M.A. No.1861 of 2017 Inre: O.A. No. Nil of 2017

Virender Singh Applicant By Legal Practitioner for Applicant Versus Chief of Army Staff & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

08.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Memo of appearance filed by Shri Yogesh Kesarwani, Advocate on behalf of the respondents is taken on record. His name be shown as

learned counsel for the respondents, when the case is next listed. Shri Siddharth Dhaon, learned counsel for the respondents is not present. It is submitted by Dr Sailendra Sharma Atal that Shri Siddharth Dhaon is standing counsel in High Court and prays for deleting his name as learned counsel for the respondents. Present: Shri Rohit Kumar, learned counsel for the applicant and Shri Yogesh Kesarwani, learned counsel for the respondents. Shri Yogesh Kesarwani, learned counsel for the respondents prays for and is granted one weeks’ time to file objection to the delay condonation application. List this case on 19.02.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

RS/*

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

EX-A No. 29 of 2018 Inre: T.A. No. 837 of 2010

Dinesh Singh Kushwaha Petitioner By Legal Practitioner for Petitioner Versus Union of India, & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

08.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Memo of appearance filed by Shri Mohd Zafar Khan, Advocate on behalf of the respondents is taken on record. His name be shown as

learned counsel for the respondents, when the case is next listed. Present: Shri R Chandra, learned counsel for the petitioner and Shri Mohd Zafar Khan, learned counsel for the respondents. EX-A. No. 29 of 2018

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 01.10.2015 passed in T.A. No. 837 of 2010 and order dated 27.02.2017 passed in Ex-A. No. 63 of 2016.

Learned counsel for the respondents prays for and is granted four weeks’ time to seek instructions and show cause as to why the aforesaid orders of the Tribunal has not been complied with and also compliance report not filed. List this case on 09.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

RS/*

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 977 of 2016 with M.A. Nos 1548 & 2327 of 2016

Ram Sudisth Singh Applicant By Legal Practitioner for Applicant Versus Union of India & others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

08.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri VP Pandey, learned counsel for the applicant and Dr Shailendra Sharma Atal, learned counsel for the respondents.

Learned counsel for the respondents prays for and is granted one weeks’ time as a last opportunity to file objection to the substitution application. List this case on 19.02.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

RS/*

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 2530 of 2016 Inre: O.A. No. Nil of 2016

Trimal Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

08.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

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

respondents. Learned counsel for the applicant prays for and is granted one weeks’ time to file reply to the objection to the delay condonation application and also filing supplementary affidavit. List this case on 20.02.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

RS/*

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 61 of 2017 alongwith M.A. No. 62 of 2017 Inre: O.A. No. 455 of 2012

Prashant Kumar Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

08.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Virat Anand Singh, learned counsel for the applicant and Dr Shailendra Sharma Atal, learned counsel for the

respondents. Learned counsel for the applicant prays for and is granted two weeks’ further time to file reply to the objection to delay condonation application for recall of order dated 11.09.2014 filed by learned counsel for the repondents. List this case on 28.02.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

RS/*

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 2029 of 2017 Inre: O.A. No. Nil of 2017

Peskar Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

08.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Ashok Kumar, learned counsel for the applicant and Shri Ashish Kumar Singh, learned counsel for the respondents.

M.A. No. 326 of 2018 Reply to the objection on the application for condnation of delay filed by the learned counsel for the applicant is taken on record. The cause shown in the affidavit filed in support of the application for condonation of delay seems to be justified. Accordingly, the application is allowed and the delay in filing the Original Application is hereby condoned. Having heard the learned counsel for the parties, we find that it is a fit case for admission. Admit. Let the case be registered as O.A. Learned counsel for the respondents prays for and is granted four weeks’ time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks’ thereafter. List this case on 15.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

RS/*

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 14 of 2016 Mohan Bahadur Thapa Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

08.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri K.K. Singh Bisht, learned counsel for the applicant and Dr. Shailendra Sharma Atal, learned counsel for

the respondents. Learned counsel for the applicant prays for and is granted two weeks’ further time to file rejoinder affidavit. List this case on 26.02.2018 for orders.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 318 of 2016 with M.A. No. 2154 of 2017

Shib Bahadur Gurung Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

08.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri V.K. Pandey, learned counsel for the applicant and Shri Bhanu Pratap Singh, learned counsel for the

respondents. M.A. No. 2154 of 2017 Rejoinder affidavit filed by learned counsel for the respondents is taken on record. M.A. aforesaid is disposed of accordingly. O.A. No. 318 of 2016 Learned counsel for the applicant prays for adjournment of the case. Accordingly, the case is adjourned. List this case on 21.03.2018 for hearing. On the date fixed, learned counsel for the respondents shall submit original documents pertaining to the case for perusal of the Bench.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 325 of 2016

Patwekar Rashid Kasam Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

08.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

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

respondents. Learned counsel for the applicant prays for and is granted two weeks’ further time to file to file rejoinder affidavit. List this case on 07.03.2018 for orders.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 12 of 2017

Vidhata Prasad Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

08.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Md. Shariq Khan, Advocate, holding brief of Shri S.G. Singh, learned counsel for the applicant and Shri R.K.S.

Chuhan, learned counsel for the respondents. Learned counsel for the respondents prays for and is granted two days further time to file counter affidavit. List this case on 16.02.2018 for orders.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 31 of 2017 Mange Ram Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

08.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri Ashok Singh, learned counsel for the applicant and Shri D.K. Pandey, learned counsel for the respondents.

Learned counsel for the applicant submits that he is not prepared to argue the case today and prays for adjournment. Accordingly, the case is adjourned. List this case on 15.03.2018 for hearing. On the date fixed, learned counsel for the respondents shall submit original documents pertaining to the case for perusal of the Bench.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 299 of 2017 Rajesh Kumar Awasthi Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

08.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri P.N. Chaturvedi, learned counsel for the applicant and Shri Namit Sharma, learned counsel for the

respondents. Learned counsel for the respondents prays for and is granted two weeks’ and no more time to file counter affidavit. List this case on 05.03.2018 for orders.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 306 of 2017 with M.A. No. 1920 of 2017

Khalid Husain Siddiqui Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

08.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri S.K. Singh, learned counsel for the applicant and Shri R.C. Shukla, learned counsel for the respondents.

Learned counsel for the applicant pays for and is granted two weeks’ time to file rejoinder affidavit. List this case on 14.03.2018 for orders.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 421 of 2017 Satendra Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

08.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri R. Chandra, learned counsel for the applicant and Dr. Chet Narain Singh, learned counsel for the respondents.

Heard learned counsel for the parties. Arguments concluded. Order is reserved.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 619 of 2017 with M.A. No. 2200 & 2347 of 2017 Anil Kumar Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

08.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri R. Chandra, learned counsel for the applicant and Shri Bhanu Pratap Singh, learned counsel for the

respondents. M.A. No. 2200 of 2017 Counter affidavit filed by learned counsel for the respondents is taken on record. M.A. aforesaid is disposed of accordingly. M.A. No. 2347 of 2017 Rejoinder affidavit filed by learned counsel for the applicant is taken on record. M.A. aforesaid is disposed of accordingly. O.A. No. 619 of 2017 Heard learned counsel for the parties. Arguments concluded. Order is reserved.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 689 of 2017 with M.A. No. 242 of 2018

Bijai Bahadur Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

08.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri V.K. Pandey, learned counsel for the applicant and Mrs. Deepti Prasad Bajpai, learned counsel for the

respondents. Learned counsel for the respondents prays for and is granted two weeks further time to file counter affidavit. Learned counsel for the applicant may file rejoinder affidavit two weeks’ thereafter. List this case on 09.03.2018 for orders.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 T.A. No. 35 of 2013 with M.A. No. 535 of 2017

Hira Singh Petitioner By Legal Practitioner for Petitioner Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

08.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri Virat Anand Singh, learned counsel for the petitioner and Shri Ashish Saxena, learned counsel for the

respondents. Learned counsel for the petitioner submits that he could not carry out amendment in the Transferred Application and he submits that he may be permitted to carry out the same during course of the day. He is permitted to carry out amendment as prayed. List this case on 28.02.2018 for orders.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 T.A. No. 91 of 2016

Nathi Ram Garg Petitioner By Legal Practitioner for Petitioner Versus KK Ojha & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

08.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Ms. Kavita Singh, learned counsel for the petitioner and Shri Bhanu Pratap Singh, learned counsel for the respondents.

Office has reported that Notice sent to Respondent No 1, Shri KK Ojha, GE, MES has not been received back served/unserved. Leaned counsel for the respondents submits that since Respondent No 1 is working in MES, he will check and inform the correct address. Registry is directed to issue a fresh notice to Respondent No 1 on the address given by the respondents. It has been submitted by learned counsel for the respondents that documents and the pleadings are in Hindi. The petitioner be directed to provide copy of the entire pleadings and documents relied upon by them duly translated in English. Learned counsel for the petitioner prays for and is granted four weeks time for the aforesaid purpose. List this case on 19.03.2018 for orders.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

T.A. No. 40 of 2017

Lakhan Singh Petitioner By Legal Practitioner for Petitioner Versus Union of India, & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

08.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Memo of appearance filed by Dr Shailendra Sharma Atal, Advocate on behalf of the respondents is taken on record. His name be

shown as learned counsel for the respondents, when the case is next listed. Present: None appears on behalf of the Petitioner. Dr Shailendra Sharma Atal, learned counsel for the respondents. This T.A. has been received by transfer from Hon’ble High Court of Judicature at Allahabad. Since no one is present on behalf of petitioner nor the petitioner himself is present, let notice be issued to Lakhan Singh, petitioner by registered speed post as well as by normal mode of service returnable at an early date. List this case on 09.04.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

PKG

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 2556 of 2016 with M.A. No. 460 of 2017 Inre: O.A. No. Nil of 2016

Yogendra Kumar Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

08.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri VR Chaubey, learned counsel for the Applicant and Dr Shailendra Sharma Atal, learned counsel for the respondents.

In this case, the applicant has challenged the order of dismissal dated 12.08.2012, which was passed by the competent authority on the ground that he was involved in a case of dowry death. Admittedly, the applicant had been convicted in that case. It is submitted by the learned counsel for the applicant that against the said order, the applicant has preferred a criminal appeal before Hon’ble High Court of Judicature at Allahabad, which is still pending, but the conviction of the applicant has not been suspended in the criminal appeal. It has also been submitted that the applicant has also moved an application for early hearing of the said appeal and prays to wait for the outcome of the said application. List this case on 07.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

PKG

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 1828 of 2017 Inre: O.A. No. Nil of 2017

Rati Bhan Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

08.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Veer Raghav Chaubey, learned counsel for the applicant and Shri Ashish Saxena, learned counsel for the respondents.

M.A.No. 325 of 2018 Objection filed by the learned counsel for the respondents on the application for condonation of delay, is taken on record. M.A. stands disposed of. Learned counsel for the applicant does not intend to file any reply to the objection filed by the learned counsel for the respondents. M.A. No. 1828 of 2017 This is an application for condonation of delay in filing the O.A. The relief claimed in this O.A. is with regard to pensionary benefits, which is a recurring cause of action. The submission of the learned counsel for the applicants has substance. Accordingly, this application is allowed and the delay in filing the O.A. is hereby condoned. M.A. No. 330 of 2018

This is an application filed by the applicants for permission to contest the case jointly. Since the issue involved in this case with regard to both the applicants is common, therefore, we allow this application and permit them to contest the case jointly. M.A. stands disposed of. Having heard the learned counsel for the parties, we find that it is fit case for admission. Admit. Let the case be registered as O.A. Learned counsel for the applicants prays for and is granted one week’s time to implead the Record Office as respondent and take necessary steps. Learned counsel for the respondents prays for and is granted four weeks’ time to file counter affidavit. Rejoinder affidavit, if any, may be filed by the learned counsel for the applicants within one week thereafter. List this case on 14.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

PKG

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 M.A. No. 2160 of 2017 (Inre: O.A. No. Nil of 2017) Bir Pal Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

08.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri VP Pandey, learned counsel for the applicant and Shri Ashish Kumar Singh, learned counsel for the respondents.

M.A. No. 322 of 2017 Objection of delay condonation application filed by learned counsel for the respondents, in Court today, is taken on record. Accordingly, aforesaid M.A. stands disposed of. Learned counsel for the applicant submits that he does not entend to file any reply to the said objection. By means of this O.A., applicant has prayed for pension in the rank of honorary Naib Subedar which is recurring cause of action. The submission of the learned counsel for the applicant hase substance. Accordingly, this application is allowed and the delay in filing the O.A. is hereby condoned. Having heard the learned counsel for the parties, we find that it is a fit case for admission. Admit. Let the case be registered as O.A. Learned counsel for the respondents prays for and is granted four weeks’ time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week, thereafter. List this case on 15.03.2018 for orders.

Satya Prakash Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

08.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Parijat Belaura, learned counsel for the applicant and Shri Ashish Saxena, learned counsel for the respondents.

M.A. No. 168 of 2018 In pursuance of the Court order dated 10.01.2018, learned counsel for the applicant has moved delay condonation application which is taken on record. Accordingly, aforesaid M.A. stands disposed of. Learned counsel for the respondents prays for and is granted four weeks’ time to file objection on the aforesaid delay condonation application. List this case on 09.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

O.A. No. 81 of 2016 with M.A. No. 1564 of 2016

Mahendra Sharma Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

08.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri R Chandra, learned counsel for the applicant, Subedar Ajay Kumar, representative from Army Hospital (R&R),

Delhi Cantt-10 and Ms. Deepti P Bajpai, learned counsel for the respondents. In pursuance of the earlier order of this Court dated 04.01.2018, learned counsel for the respondents submits that the Review Medical Board of the applicant has been conducted on 25.08.2017 vide Army Hospital (R&R), Delhi Cantt-10 letter dated 07.02.2018. Copy of the aforesaid letter has produced in Court for perusal of the Bench which is taken on record. Learned counsel for the respondents is directed to provide photo copy of the said letter to the applicant during course of the day. List this case on 16.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

O.A. No. 217 of 2017 and M.A. No. 426 of 2017

Brijesh Kumar Pandey Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

08.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Vinay Pandey, learned counsel for the applicant. M.A. No. 426 of 2017

Counter affidavit filed ob behalf of the respondents is taken on record. Accordingly, aforesaid M.A. stands disposed of. Learned counsel for the applicant prays for and is granted four weeks’ time to file rejoinder affidavit. List this case on 12.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

O.A. No. 298 of 2017

Gyan Prakash Gupta Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

08.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri PN Chaturvedi, learned counsel for the applicant and Shri Rajeev Pandey, learned counsel for the respondents.

Learned counsel for the applicant prays for and is granted four weeks’ time to file rejoinder affidavit. List this case on 14.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

O.A. No. 370 of 2017 and M.A. No. 324 of 2018

Smt Archana Singh Tomar Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

08.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Ashok Kumar, learned counsel for the applicant and Dr Shailendra Sharma Atal, learned counsel for the respondent Nos 1

to 3 and Shri S.K. Singh, learned counsel for the respondent Nos 4 to 6. M.A. No. 324 of 2018 Counter affidavit filed on behalf of the respondent Nos. 4 to 6 is taken on record. Accordingly, aforesaid M.A. stands disposed of. M.A. No. 323 of 2018 Counter affidavit filed on behalf of the respondent Nos. 1 to 3, in Court today, is taken on record. Accordingly, aforesaid M.A. stands disposed of. Learned counsel for the applicant prays for and is granted four weeks’ time to file rejoinder affidavit to both counter affidavits. List this case on 19.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

O.A. No. 615 of 2017

Layak Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

08.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Ishraq Farooqui, learned counsel for the applicant and Shri GS Sikarwar, learned counsel for the respondents.

Learned counsel for the respondents prays for and is granted four weeks’ time to file counter affidavit. Rejoinder affidavit, if any, may be filed by learned counsel for the applicant within two weeks’, thereafter. List this case on 28.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 116 of 2017

Smt Sadhana Sharma Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

O.A. No. 116 of 2017, Smt Sadhana Sharma vs. Union of India and others is allowed.

For order, see our judgment passed on separate sheets.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 M.A. No. 1764 of 2017 and M.A. No. 308 of 2018 In Re: O.A. No. NIL of 2017

Shri Kant Mishra Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri Virat Anand Singh, Advocate, holding brief of Shri Ashok Kumar, learned counsel for the applicant and Shri Namit Sharma,

learned counsel for the respondents. M.A. No. 308 of 2018 Objection on application for condonation of delay filed by the respondents is taken on record. Learned counsel for the applicant prays for and is granted two weeks’ time to file replication. List this case on 15.03.2018 for orders.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 OA No 65 of 2018 with M.A. No 285 of 2018

Rahat Ali Khan Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri Rohit Kumar, learned counsel for the applicant and Shri DK Pandey, learned counsel for the respondents.

M.A. No 285 of 2018

This is an application for modification of order dated 19.01.2018 preferred by the respondents. By means of this order, this Tribunal had directed the respondents to permit the applicant to join the Unit within two weeks. It is argued on behalf of the respondents that the applicant was discharged from service on 21.07.2016 under Army Rule 13 (3). It is further argued that the order of discharge was not challenged by the applicant and order dated 19.01.2018 passed by this Tribunal was obtained by the applicant by concealment of material facts which is a fraud with the Tribunal. Therefore, execution of order should be stayed till further orders. Submissions made by learned counsel for the respondents is supported by documents on record. The respondents have also produced the original record for perusal of the Tribunal In this view of the matter, execution of order dated 19.01.2018 is suspended till further orders of the Tribunal. Learned counsel for the applicant prays for and is granted two weeks’ time to file objection to application for modification preferred by the respondents. List this case on 26.02.2018 for orders.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 T.A. No. 16 of 2016

Ashutosh Singh Petitioner By Legal Practitioner for Petitioner Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri JN Mishra, learned counsel for the petitioner and Shri Amit Jaiswal, learned counsel for the respondents.

The Writ Petition wherefrom the present T.A. arises was filed in the High Court in the year 2008. Today, learned counsel for the petitioner prays for time to file rejoinder affidavit. The matter relates to the year 2008. However, in the interest of justice, we permit the petitioner as a last opportunity to file rejoinder affidavit within two weeks. List this case on 27.02.2018 for hearing. On the date fixed, learned counsel for the respondents shall produce original documents pertaining to the case for perusal of the Bench. It is clarified that if rejoinder affidavit is not filed by the applicant within the stipulated time, the matter shall be heard and disposed of finally on the next date of listing.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 T.A. No. 43 of 2016

Gama Shanker Singh Petitioner By Legal Practitioner for Petitioner Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present : None for the petitioner. Shri VPS Vats, learned counsel for the respondents.

The case was taken up in the revised list. None appeared for the petitioner. The petitioner has been duly served as he has moved applications for adjournment on the last two occasions. Accordingly, the T.A. is dismissed for non-prosecution.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 M.A. No. 305 of 2018 in re:T.A. No. 57 of 2016

Santosh Kumar Tripathi Petitioner By Legal Practitioner for Petitioner Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Vakalatnama filed by Col (Retd) A.K. Srivastava Advocate on behalf of the petitioner is taken on record. His name shall be shown in

the cause list when the case is next listed. Present: Shri VA Singh, and Col (Retd) A.K. Srivastava, learned counsel for the petitioner and Dr Shailendra Sharma Atal, learned counsel for the respondents. M.A.No. 305 of 2018 Heard learned counsel for the parties on amendment application moved by the petitioner. It is submitted on behalf of the respondents that the application for amendment with the same prayer, i.e. grant of disability pension, moved by the petitioner has already been rejected as withdrawn by this Tribunal vide order dated 27.06.2017. Learned counsel for the petitioner submitted that the interest of the petitioner would be protected if an order is passed permitting the petitioner to withdraw the present petition with liberty to file afresh for grant of disability pension. Learned counsel for the respondents has no objection. Accordingly, T.A. No. 57 of 2016 is dismissed as withdraw with liberty to file a fresh petition, if so desired.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 75 of 2015

Ravi Singh Thakur Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri VA Singh, learned counsel for the applicant and Shri DK Pandey, learned counsel for the respondents.

Learned counsel for the applicant prays for and is granted four weeks’ time to file amendment application. List this case on 26.02.2018 for orders.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 319 of 2015

Sanjay Kumar Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri VA Singh, learned counsel for the applicant and Mrs Deepti P Bajpai, learned counsel for the respondents.

List this case on 12.02.2018 for hearing before Court No. 2. On the date fixed, learned counsel for the respondents shall produce original documents pertaining to the case for perusal of the Bench.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 263 of 2016

Jagpat Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri R Chandra, learned counsel for the applicant and Dr. Shailendra Sharma Atal, learned counsel for the respondents.

Heard learned counsel for the parties. Arguments concluded. Order is reserved.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 123 of 2017

Vijay Kumar Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri Krishna Kumar Seth, learned counsel for the applicant and Shri Yogesh Kesarwani, learned counsel for the

respondents.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 230 of 2017 With M.A. No 2169 of 2017

Smt Urmila Devi Chauhan Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: None for the applicant. Shri Yogesh Kesarwani, learned counsel for the respondents.

It is informed at Bar that Shri P.K.Shukla, learned counsel for the applicant is not attending court today. As prayed the case is passed over for the day. List this case on 16.03.2018 for hearing. On the date fixed, learned counsel for the respondents shall produce original documents pertaining to the case for perusal of the Bench.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 258 of 2017

Akil Aahmed Ansari Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri VP Pandey, learned counsel for the applicant and Shri RC Shukla, learned counsel for the respondents.

Learned counsel for the respondents has filed Paper book alongwith Bench copy in the Court which is taken on record and served a copy of the same to learned counsel for the applicant. List this case on 08.03.2018 for hearing. On the date fixed, learned counsel for the respondents shall produce original documents pertaining to the case for perusal of the Bench.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 382 of 2017

Col Dilip Singh Shekhawat Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri VA Singh, learned counsel for the applicant and Shri GS Sikarwar, learned counsel for the respondents.

Learned counsel for the applicant prays for and is granted two weeks’ time to file rejoinder affidavit. List this case on 09.03.2018 for hearing. On the date fixed, learned counsel for the respondents shall produce original documents pertaining to the case for perusal of the Bench.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 484 of 2017 with M.A. No 307 of 2018

Prathi @ Prithvi Raj Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri Ashok Kumar, learned counsel for the applicant and Dr Shailendra Sharma Atal, learned counsel for the respondents.

M.A. No 307 of 2018 Counter affidavit filed by the respondents is taken on record. M.A. aforesaid is disposed of accordingly. Learned counsel for the applicant prays for and is granted two weeks’ time to file rejoinder affidavit List this case on 06.03.2018 for hearing. On the date fixed, learned counsel for the respondents shall produce original documents including documents pertaining to Medical Board proceedings for perusal of the Bench.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 628 of 2017

Rahul Banswar Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of Orders of the Tribunal the Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri Naand Kishore, learned counsel for the applicant and Dr. Chet Narain Singh, learned counsel for the respondents. By means of the present O.A. the applicant has, inter alia, prayed for a

direction to the respondents to dispose of his representations dated 20.05.2015 and 20.12.2016 Learned counsel for the applicant submitted that said representations dated 20.05.2015 and 20.12.2016 have yet not been decided by the competent authority. It is submitted that the representation have been filed along with the O.A. It is informed by learned counsel for the respondents that the applicant is a deserter and has not reported to the unit. Learned counsel for the applicant has restricted his prayer only to the extent that a direction may be issued to the respondents to dispose of the representations preferred by the applicant. Keeping in view the admitted fact that the applicant has been declared deserter, but has yet not been dismissed/discharged from service, we direct the learned counsel for the applicant to instruct his client (the applicant) to report at Mahar Regimental Centre, Sagar, Madhya Pradesh on 25.02.2018. We further direct the respondents that in case the applicant reports for duty on said date, he shall be permitted to joint duty. However respondents are at liberty to take departmental action against the applicant in accordance with law. Subject to above directions, the O.A. is disposed of finally. No order as to costs.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 654 of 2017

Bharat Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Vakalatnama filed by Shri Atul Benjamin Solomon, Advocate on behalf of the applicant is taken on record.

Present: Shri Atul Benjamin Solomon, learned counsel for the applicant and Shri Rajiv Pandey, learned counsel for the respondents. It is informed that Shri R. Chandra, learned counsel for the applicant, who is also present, has denied to give no objection certificate. Name of the newly appointed counsel for the applicant shall be shown in the cause list and name of Shri R. Chandra, Advocate shall be deleted. Counter affidavit be filed by the learned counsel for the respondents within four weeks. Applicant shall have two weeks thereafter to file rejoinder affidavit. List this case on 27.03.2018 for orders.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 T.A. No. 970 of 2010 With MA No 1910 of 2017 & MA No 1911 of 2017

Rajput Chandrapal Singh Petitioner By Legal Practitioner for Petitioner Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri Rakesh Johri, learned counsel for the petitioner and Shri DK Pandey, learned counsel for the respondents.

Heard learned counsel for the parties. Arguments continued. List this case on 09.03.2018 for further hearing. On the date fixed, learned counsel for the respondents shall produce original documents pertaining to case for perusal of the Bench.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 T.A. No. 24 of 2012

Yogendra Singh Petitioner By Legal Practitioner for Petitioner Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri Ajit Verma, Advocate holding brief of Shri Ratnesh Chandra, learned counsel for the petitioner and Shri Namit Sharma,

learned counsel for the respondents. On request made by learned counsel for both the side, the case is passed over for the day. List this case on 16.03.2018 for hearing. On the date fixed, learned counsel for the respondents shall produce original documents pertaining to the case for perusal of the Bench.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 T.A. No. 38 of 2012

Subhash Chandra Singh Petitioner By Legal Practitioner for Petitioner Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri Yash Pal Singh, learned counsel for the petitioner and Md Zafar Khan, learned counsel for the respondents.

Learned counsel for both the parties pray for adjournment on the ground that paper book is not available with them today. As prayed, list this case on 05.03.2018 for hearing. On the date fixed, learned counsel for the respondents shall produce original documents pertaining to the case for perusal of the Bench.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 T.A. No. 76 of 2016

Girish Dhar Dwivedi Petitioner By Legal Practitioner for Petitioner Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri Rohit Kumar, learned counsel for the petitioner and Shri Asheesh Agnihotri, learned counsel for the respondents.

As prayed by learned counsel for the parties, the case is passed over for the day. List again on 19.03.2018 for hearing. On the date fixed, learned counsel for the respondents shall produce original documents pertaining to the case for perusal of the Bench.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 M.A. No. 306 of 2018 in re: T.A. No. 18 of 2017

Shesh Kant Petitioner By Legal Practitioner for Petitioner Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri OP Kushwaha, learned counsel for the petitioner and Shri RC Shukla, learned counsel for the respondents.

M.A. No. 306 of 2018 Rejoinder affidavit filed by the applicant is taken on record. M.A. aforesaid is disposed of. T.A. No. 18 of 2017

Pleadings have been exchanged. The case is ripe for hearing. List this case on 16.03.2018 for hearing. On the date fixed, learned counsel for the respondents shall produce original documents pertaining to the case for perusal of the Bench.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 279 of 2018 Inre: O.A. No. Nil of 2018

Panch Deva Sharma & Another Applicants By Legal Practitioner for Applicants Versus Union of India, & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Memo of appearance filed by Dr Shailendra Sharma Atal, Advocate on behalf of the respondents is taken on record. His name be

shown as learned counsel for the respondents, when the case is next listed. Present: Shri Parijaat Belaura, learned counsel for the applicant and Dr Shailendra Sharma Atal, learned counsel for the respondents. M.A. No. 279 of 2018 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 11 years, 02 months and 03 days. Copy of this application has been served upon the learned Standing Counsel for the respondents on 05.02.2018. Learned Standing Counsel appearing for the respondents prays for and is granted four weeks’ time to file objection to the delay condonation application. Replication, if any, may be filed by the learned counsel for the applicant within two weeks’ thereafter. List this case on 28.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

RS/*

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

Ex-A. No. 28 of 2018 Inre: O.A. No. 244 of 2016

Sanjay Thakur Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Memo of appearance filed by Shri Rajiv Pandey, Advocate on behalf of the respondents is taken on record. His name be shown as

learned counsel for the respondents, when the case is next listed. Present: Shri Parijat Belaura, learned counsel for the petitioner and Shri Rajiv Pandey, learned counsel for the respondents. EX-A. No. 28 of 2018

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 30th August 2017 passed in O.A. No. 244 of 2016.

Learned counsel for the respondents prays for and is granted four weeks’ time to seek instructions and to show cause as to why the aforesaid order of the Tribunal has not been complied with. List this case on 19.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 2208 of 2017 Inre: O.A. No. Nil of 2017

Rajesh Bahadur Singh Applicant By Legal Practitioner for Applicant Versus Union of India & others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri PN Chaturvedi, learned counsel for the applicant and Shri Adesh Kumar Gupta, learned counsel for the respondents.

Learned counsel for the respondents prays for and is granted one weeks’ time to file objection on delay condonation application. Replication, if any, may be filed by learned counsel for the applicant by the date fixed. List this case on 16.02.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

RS/*

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 286 of 2018 with MA No. 287 of 2018 Inre: T.A. No. 14 of 2017

Union of India & others Petioners By Legal Practitioner for Petitioners Versus Jairam Pal Respondent By Legal Practitioner for Respondent Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Ashish Kumar Singh, learned counsel for the petitioner and Maj Piyush Thakran, Departmental representative.

MA. No. 286 of 2018 This is an application for condonation of delay in moving the application under section 31(2) of the Armed Forces Tribunal Act 2007 for grant of leave to appeal against the judgment and order dated 25.09.2017 passed by this Court in T.A. No. 14 of 2017.

As per stamp reporter’s report, there is delay of 03 months and 10 days in filing the application for leave to appeal. Section 31 (2) of the Armed Forces Tribunal Act 2007 provides that the application for leave to appeal shall be made for approaching Hon’ble Supreme Court within a period of 30 days beginning with the date of decision of the Tribunal. Apart from it, we have also gone through the grounds and reasons indicated in the affidavit filed in support of the application. In our considered opinion, the grounds urged in support of the prayer for grant of leave to appeal do not appear to be germane in view of the law laid down by the Hon’ble Supreme Court in Office of the Chief Post Master General and others vs Living Media India Ltd and another reported in 2012 STPL (LE) 46200 SC in which the Hon’ble Supreme Court has observed as under:

The Hon’ble Supreme Court further observed as under :

In view of the decision of the Hon’ble Supreme Court in the aforesaid case, the application for condonation of delay cannot be entertained and it is hereby rejected.

M.A. No 287 of 2018

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

RS/*

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

EX-A. No. 126 of 2017 Inre: O.A. (A) No. 233 of 2015

Mithilesh Kumar Singh Applicant By Legal Practitioner for Applicant Versus Chief of Army Staff & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Rohit Kumar, learned counsel for the Applicant and Maj Piyush Thakran, Departmental representative.

EX-A No. 126 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 1st March 2017 passed in O.A. (A) No. 233 of 2015within the stipulated time.

At the threshold of the arguments, Departmental Representative states that in compliance of the order of this Tribunal, necessary PPO has been issued and a copy of the same has been provided to the learned counsel for the applicant today in the Court, however it is not legible.

Learned counsel for the respondents prays for and is granted one weeks’ time to provide legible copy of the PPO and file compliance report.

List this case on 15.02.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

RS/*

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

EX-A. No. 193 of 2017 Inre: T.A. No. 1295 of 2010

Chandra Deo Ram Petitioner By Legal Practitioner for Petitioner Versus Chief of Army Staff & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Rohit Kumar, learned counsel for the petitioner and Shri DK Pandey, learned counsel for the respondents.

EX-A. No. 193 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 25th January 2017 passed in T.A. No. 1295 of 2010 within the stipulated time.

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 learned counsel for the applicant today in the Court.

It is directed that the Bank concerned shall release the outstanding dues to the applicant within one month from the date of presentation of a certified copy of this order.

Subject to the above, this Execution Application is disposed of accordingly.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

RS/* Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

EX-A. No. 198 of 2017 Inre: O.A. No. 34 of 2015

Ram Singh Yadav Applicant By Legal Practitioner for Applicant Versus Chief of Army Staff & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri RKS Chauhan, learned counsel for the respondents and Maj Piyush Thakran Departmental Representative.

Learned counsel for the respondents prays for and is granted four weeks’ further time to file compliance report. List this case on 12.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

RS/*

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

O.A. No. 248 of 2015

Smt Malti Devi Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry 07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

O.A.No. 248 of 2015 (Smt Malti Devi vs Union of India & others) is partly allowed.

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

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) PKG

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 284 of 2018 Inre: T.A. No. 780 of 2010

Union of India & others Applicant By Legal Practitioner for Applicant Versus Mangal Saran Respondent By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Dr Chet Narayan Singh, learned counsel for the applicant and and Maj Piyush Thakran, Departmental Representative.

MA. No. 284 of 2018 This is an application for correction of order dated 05th May 2016 passed in T.A.No.780 of 2010. It has been submitted by the learned counsel for the applicant that in Para 12 of the judgment, there is a clerical mistake, wherein 14.12.1992 has wrongly been mentioned instead of 12th March 1993. Learned counsel for the respondents has no objection to the aforesaid correction. Accordingly, in Para 12 of the aforesaid judgment, 14.12.1992 is corrected as 12th March 1993. Subject to the aforesaid correction, the application stands disposed of.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

PKG

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

EX-A. No. 1 of 2018 Inre: T.A. No. 1290 of 2010

Arvind Kumar Katiyar Petitioner By Legal Practitioner for Petitioner Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Jay Prakash Singh, learned counsel for the petitioner and Shri Kaushik Chatterjee, learned counsel for the

respondents. EX-A. No. 1 of 2018 This is an application for execution of the order dated 14th August 2017 passed by this Tribunal in T.A.No.1290 of 2010. Learned counsel for the respondents prays for and is granted four weeks’ further time to seek instructions and to explain as to why the aforesaid order of the Tribunal has not been complied with. List this case on 19.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

PKG

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 1916 of 2015

Bal Krishan Tripathi Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Beer Prakash, learned counsel for the applicant and Mrs Anju Singh, learned counsel for the respondents.

Shri Beer Prakash, Advocate submits that Shri SK Singh, learned counsel for the applicant is out of station and has not come to the court and prays for adjournment of the case. In the interest of justice, the case is adjourned for the day. List this case on 07.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

PKG

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 1411 of 2016 with M.A. No. 1412 of 2016 Inre: T.A. No. 1278 of 2010

VV Khandekar Rao Petitioner By Legal Practitioner for Petitioner Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Rohit Kumar, learned counsel for the applicant and Shri Kaushik Chatterji, learned counsel for the respondents.

Supplementary rejoinder affidavit has been filed by the learned counsel for the applicant in Registry. It is informed by the learned counsel for the parties that the pleadings are complete. Since it is a very old matter, hence no further adjournment shall be entertained by any of the parties. List this case on 19.02.2018 for hearing. On the date fixed, parties shall file compilation of case law and chart of events. Original record pertaining to the case shall be produced by the learned counsel for the respondents on the next date fixed.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

PKG

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 1424 of 2017 with M.A. No. 1786 of 2017 Inre: O.A. No. Nil of 2017

Urba Datt Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Vinay Pandey, learned counsel for the applicant and Mrs Anju Singh, learned counsel for the respondents.

M.A. No. 1786 of 2017 Objection filed by the learned counsel for the respondents is taken on record. M.A. aforesaid stands disposed of. M.A.No. 298 of 2018 Reply filed by the learned counsel for the applicant to the objection on the application for condonation of delay is taken on record. M.A. aforesaid stands disposed of. Learned counsel for the applicant prays for and is granted two weeks’ time to file amendment application to amend the prayer clause in the O.A. and to move fresh representation to the authorities concerned for grant of disability pension. List this case on 21.02.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

PKG

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 1583 of 2017 Inre: O.A. No. Nil of 2017

Sep/Driver Vijay Amrit Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Asheesh Aagnihotri, learned counsel for the respondents.

M.A.No. 300 of 2018 A preliminary objection has been raised by the learned counsel for the respondents, which is taken on record. M.A. aforesaid stands disposed of. Learned counsel for the applicant prays for and is granted one week’s time to file reply to the objection filed by the learned counsel for the respondents. List this case on 15.02.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

PKG

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 1811 of 2017 with M.A. Nos. 2296 and 2107 of 2017 (Inre: O.A. No. Nil of 2017)

Jawahar Upadhyay Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Parijat Belaura, learned counsel for the applicant and Shri Anurag Mishra, learned counsel for the respondents.

Objection on the application for condonation of delay filed by learned counsel for the respondents, in Court today, is taken on records. Learned counsel for the applicant does not intend to file reply to the aforesaid objection. M.A. No. 1811 of 2017 By means of this O.A., applicant has prayed rounding of disability pension which is recurring cause of action. Accordingly, this 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. Heard learned counsel for the parties. Arguments concluded. Judgment reserved.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 2153 of 2017 (Inre: O.A. No. Nil of 2017)

Jawahar Upadhyay Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Parijaat Belaura, learned counsel for the applicant and Shri RKS Chauhan, learned counsel for the respondents.

Learned counsel for the respondents prays for and is granted two weeks’ further time to file objection on the application for condonation of delay as well as counter affidavit. List this case on 26.02.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 1907 of 2017 alongwith O.A. (A) No. 500 of 2017

Vijai Misra Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Col AK Srivastava(Retd), learned counsel for the applicant and Shri Yogesh Kesarwani, learned counsel for the

respondents. M.A. No. 301 of 2018 Rejoinder affidavit, on bail application, filed by learned counsel for the applicant, in Court today, is taken on record. Accordingly, aforesaid M.A. stands disposed of. Learned counsel for the respondents prays for and is granted two weeks’ time to go through the aforesaid affidavit. List this case on 26.02.2018 for hearing on bail application.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 2014 of 2017 (Inre: O.A. No. Nil of 2017

Vrajesh Kumar Shankhdhar Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri R Chandra, learned counsel for the applicant and Shri Shyam Singh, learned counsel for the respondents.

Learned counsel for the respondents prays for and is granted a weeks’ further time to file objection on the application for condonation of delay. Replication, if any, may be filed by learned counsel for the applicant, thereof. List this case on 13.02.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 2158 of 2017 (Inre: O.A. No. Nil of 2017

Harish Kumar Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Vikas Kumar Pandey, learned counsel for the applicant and Shri Yogesh Kesarwani, learned counsel for the

respondents. M.A. No. 299 of 2018 Objection on the application for condonation of delay filed by learned counsel for the respondents, in Court today, is taken on record, Accordingly, aforesaid M.A. stands disposed of. Learned counsel for the applicant prays for and is granted four weeks time to file reply to the objection and to take steps for amending the prayer clause which is not happily worded. List this case on 08.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 2162 of 2017 (Inre: O.A. No. Nil of 2017

Brig LV Ramakrishna (Retd) Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Arun Kumar, learned counsel for the applicant and Shri GS Sikarwar, learned counsel for the respondents.

Learned counsel for the respondents prays for and is granted four weeks’ time to file objection on the application for condonation of delay as well as on the ground of maintainability on territorial jurisdiction of this O.A. List this case on 09.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 2206 of 2017 with M.A. No. 2207 of 2017 (Inre: T.A. No. 596 of 2010)

Uday Veer Singh Petitioner By Legal Practitioner for Petitioner Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri PN Chaturvedi, learned counsel for the petitioner and Shri Ashish Saxena, learned counsel for the respondents.

It is submitted on behalf of the respondents that objection for condonation of delay on recall application could not be filed as the page No. 3 of the application for recall of the order dated 16.10.2015 has not been provided by the learned counsel for the applicant. Learned counsel for the applicant submitted that he shall file aforesaid missing page during course of the day. List this case on 12.02.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

O.A. No. 502 of 2017

Harishanker Dwivedi Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

07.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri SK Singh, learned counsel for the applicant and Dr. Shesh Narain Pandey, learned counsel for the respondents.

Learned counsel for the applicant pointed out that counter affidavit filed by learned counsel for the respondents, in Court today, has not sworn by the competent person. Learned counsel for the respondents prays for and is granted two weeks’ time to file aforesaid counter affidavit duly sworn by the competent person. List this case on 19.02.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 M.A. No 1088 of 2017 with M.A. No 2033 of 2017 Inre O.A. Nil of 2017

Nagesh Bahadur Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

06.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri V.K. Pandey, learned counsel for the applicant and Shri R.K.S. Chauhan, learned counsel for the respondents.

M.A. No 1088 of 2017 Heard learned counsel for the parties on application for condonation of delay. By means of this Original Applicant the applicant has prayed for grant of Hony Rank and also seeking benefits in the pension. The reasons given in application for condonation of delay seems to be genuine. Delay in filing the Original Application is condoned. Objection raised by learned counsel for the respondents is rejected. Admit. Counter affidavit filed by learned counsel for the respondents is taken on record. M.A. No 2033 of 2017 Rejoinder affidavit filed by learned counsel for the applicant is taken on record. M.A. aforesaid is disposed of accordingly. List this case on 12.03.2018 for hearing. On the date fixed, learned counsel for the respondents shall produce original documents pertaining to the case for perusal of the Bench.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 129 of 2013

Rajendra Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

06.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri VP Pandey, learned counsel for the applicant and Shri Sunil Sharma, learned counsel for the respondents.

On call of the case, Shri VP Pandey, learned counsel for the applicant submits that his senior Shri SK Singh is not available today and prays for adjournment of the case. Accordingly, the case is adjourned. List this case on 27.02.2018 for hearing. On the date fixed, learned counsel for the respondents shall produce original documents pertaining to the case for perusal of the Bench.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 109 of 2016 with M.A. No 2642 and 2780 of 2016

Amarnath Singh Kharwar Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

06.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Memo of appearance filed by Shri Ashish Saxena, Advocate, on behalf of respondents is taken on record. Office is directed to

show his name as learned counsel for the respondents on the date fixed. Present: Shri Brijendra Bhaskar, Advocate, holding brief of Shri Diwakar Singh, learned counsel for the applicant and Shri Ashish Saxena, learned counsel for the respondents and Shri Amit Chandra, Advocate for Respondent No 6. Learned counsel for the Respondent No 6 submits that the applicant is continuously getting pension and his pension was never stopped. He prays for and is granted two weeks time to file affidavit in pursuance to order dated 06.07.2017. Shri Brijendra Bhaskar, submits that Shri Diwakar Singh, learned counsel for the applicant is not available today and prays for adjournment of the case. List this case on 08.03.2018 for hearing. On the date fixed, learned counsel for the respondents shall produce original documents pertaining to the case for perusal of the Bench.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 136 of 2016 with M.A. No 225 of 2018

Gurdeep Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

06.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

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

M.A. No 225 of 2018 Counter affidavit filed by learned counsel for the respondents in the Registry is taken on record. M.A. aforesaid is disposed of accordingly. Learned counsel for the applicant prays for and is granted four weeks time to file rejoinder affidavit. List this case on 19.03.2018 for hearing. On the date fixed, learned counsel for the respondents shall produce original documents pertaining to the case for perusal of the Bench.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 324 of 2016 with M.A. No 259 of 2018

Harbans Singh Through Manmeet Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

06.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri DS Tiwari, learned counsel for the applicant and Shri AK Sahu, learned counsel for the respondents assisted

by Lt Cdr Chinmay Sharma, Departmental representation for the respondent. Heard learned counsel for the parties. Arguments concluded. Order reserved.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 1 of 2017

Jai Pal Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

06.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri Lal Chand Sahu, learned counsel for the applicant and Shri Namit Sharma, learned counsel for the

respondents. Heard learned counsel for the parties. Arguments concluded. Order reserved.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 20 of 2017 with M.A. No 292 of 2018

Sanjay Prakash Agnihotri Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

06.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri JN Mishra, learned counsel for the applicant and Dr Shailendra Sharma Atal, learned counsel for the

respondents. M.A. No 292 of 2018 Rejoinder affidavit filed by learned counsel for the applicant is taken on record. M.A. aforesaid is disposed of accordingly. From perusal of record it transpires that counter affidavit has not been filed but copy of counter affidavit was served upon learned counsel for the applicant. This fact has been accepted by learned counsel for the respondents. Learned counsel for the respondents is directed to file counter affidavit in the Registry within a week. List this case on 15.02.2018 for hearing. On the date fixed, learned counsel for the respondents shall produce original documents pertaining to the case for perusal of the Bench.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 189 of 2017 with M.A. No 1919 of 2017

Smt Pushpa Devi Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

06.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri KK Mishra, learned counsel for the applicant and Shri RC Shukla, learned counsel for the respondents.

M.A. No 1919 of 2017 Counter affidavit filed by learned counsel for the respondents is taken on record. M.A. aforesaid is disposed off accordingly. Learned counsel for the applicant prays for and is granted two weeks time to file rejoinder affidavit. List this case on 26.02.2018 for hearing. On the date fixed, learned counsel for the respondents shall produce original documents pertaining to the case for perusal of the Bench.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 227 of 2017

Smt Preeti Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

06.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri R Chandra, learned counsel for the applicant and Shri Ashish Saxena and Shri Virat Anand Singh, learned

counsel for the respondents. Learned counsel for the respondents submits that the applicant has filed a case on 16.05.2017 at Meerut and he has concealed this fact. Learned counsel for the applicant is directed to bring on record the said facts. Learned counsel for the respondents prays for and is granted two weeks time to file objection on the point of maintainability of the case and counter affidavit. List this case on 21.03.2018 for hearing. On the date fixed, learned counsel for the respondents shall produce original documents pertaining to the case for perusal of the Bench.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 564 of 2017

Mahendra Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

06.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri KK Mishra, learned counsel for the applicant and Shri Virendra Singh, learned counsel for the respondents.

Learned counsel for the applicant submits that he does not want to file rejoinder affidavit. Heard learned counsel for the parties. Arguments concluded. Order reserved.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 595 of 2017

Girja Shanker Yadav Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

06.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri Shailendra Kumar Singh, learned counsel for the applicant and Shri Rajiv Pandey, learned counsel for the

respondents. Learned counsel for the respondents prays for and is granted two weeks time to file counter affidavit. List this case on 07.03.2018 for orders. This case pertains to Air Force but in the cause list Registry has shown Army. Registry is directed to correct this mistake on the next date of listing.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 653 of 2017 with M.A. No 293 of 2018

Rajesh Kumar Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

06.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri OP Kushwaha, holding brief of Shri Ashok Kumar, learned counsel for the applicant and Mrs Anju Singh,

learned counsel for the respondents. M.A. No 293 of 2018 Rejoinder affidavit filed by learned counsel for the applicant is taken on record. M.A. aforesaid is disposed of accordingly. Pleadings have been exchanged. List this case on 07.03.2018 for hearing. On the date fixed, learned counsel for the respondents shall produce original documents pertaining to the case for perusal of the Bench.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 T.A. No. 107 of 2011 with M.A. No 294 of 2018

Lekh Raj Singh Petitioner By Legal Practitioner for Petitioner Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

06.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri Yash Pal Singh, learned counsel for the petitioner and Md Zafar Khan, learned counsel for the

respondents. M.A. No 294 of 2018 Supplementary counter affidavit of amended portion filed by learned counsel for the respondents is taken on record. Learned counsel for the petitioner submits that he does not intend to file supplementary rejoinder affidavit. List this case on 15.02.2018 for hearing. On the date fixed, learned counsel for the respondents shall produce original documents pertaining to the case for perusal of the Bench.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 T.A. No. 77 of 2016 with M.A. No 295 of 2018

Ashok Kumar Petitioner By Legal Practitioner for Petitioner Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

06.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri KKS Bisht, learned counsel for the petitioner and Dr shesh Narain Pandey, learned counsel for the respondents.

M.A. No 295 of 2018 Rejoinder affidavit filed by learned counsel for the petitioner is taken on record. M.A. aforesaid is disposed of accordingly. By means of this Transferred Application, the petitioner has challenged the punishment awarded to him by Summary Court Martial Proceedings. The same was challenged before Hon’ble High Court Allahabad which subsequently stood transferred to this Tribunal under Section 34 of the Armed Forces Tribunal Act 2007. Pleadings have been exchanged. List this case on 07.03.2018 for hearing. On the date fixed, learned counsel for the respondents shall produce original documents pertaining to the case for perusal of the Bench.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) ukt

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 EX.A. No. A/27 of 2018 Inre O.A. No. 297 of 2017

Bijai Bahadur Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

06.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri Yash Pal Singh, learned counsel for the applicant and Dr. S.N. Pandey, learned counsel for the

respondents assisted by Maj Piyush Thakran, Departmental Representative for the respondents. List revised. It is submitted by learned counsel for the respondents that order under execution has been complied with and copy of PPO has been provided to learned counsel for the applicant. Learned counsel for the applicant submits that today he has contacted his client but he has not received the payment. List this case on 09.03.2018 for orders.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 M.A. No. 1790 of 2017 Inre O.A. No. Nil of 2017

P.N. Mishra Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

06.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: None for the applicant and Shri Ashish Kumar Singh, learned counsel for the respondents.

List revised. None appeared on behalf of the applicant. List this case on 16.02.2018 for hearing on the application for condonation of delay. In the meantime, learned counsel for the applicant may file his replication.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 M.A. No. 931 of 2017 with M.A. No. 932 of 2017, M.A. No. 2336 of 2017 Inre O.A. No. 187 of 2014 Santhil Raja B Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

06.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri K.K. Singh Bisht, learned counsel for the applicant and Shri G.S. Sikarwar, learned counsel for the

respondents. M.A. No. 931 of 2017 This is an application for condonation of delay in filing the recall application which was dismissed by this Tribunal vide order dated 31.10.2014 for want of prosecution. Heard learned counsel for the parties. The reasons given in the application for condonation of delay in filing the recall application seem sufficient. The case is restored to its original number. After restoration of this case, learned counsel for the applicant has submitted that the applicant is resident of Tamilnadu and therefore this case be dismissed as withdrawn with liberty to move before appropriate Bench in accordance with law. Accordingly, the case is dismissed as withdrawn with aforesaid liberty.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. (A) No. 39 of 2017 Smt. Sunita Singh W/o Abhishek Kumar Singh (In Custody) Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

06.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri Shailendra Kumar Singh, learned counsel for the applicant and Dr. Gyan Singh, learned counsel for the

respondents. Learned counsel for the applicant prays for and is granted four weeks’ time to file rejoinder affidavit. List this case on 12.03.2018 for orders.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. (A) No. 420 of 2017 with M.A. No. 289 of 2018

Mohd Meraj Khan (Through Wife Smt Tarannum Nisha) Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

06.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri Shailendra Kumar Singh, learned counsel for the applicant and Ms. Appoli Srivastava, learned counsel for the

respondents. M.A. No. 289 of 2018 Counter affidavit filed by learned counsel for the respondents is taken on record. M.A. aforesaid is disposed of accordingly. Learned counsel for the applicant pays for and is granted two weeks’ time to file rejoinder affidavit. List this case on 12.03.2018 for orders.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 T.A. No. 75 of 2016

Rajesh Kumar Petitioner By Legal Practitioner for Petitioner Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

06.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri Rohit Kumar, learned counsel for the petitioner and Dr. S.N. Pandey, learned counsel for the

respondents. Learned counsel for the petitioner submits that pleadings are complete and the matter be listed for hearing. List this case on 16.03.2018 for hearing. On the date fixed, learned counsel for the respondents shall submit original documents pertaining to the case for perusal of the Bench.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 T.A. No. 20 of 2017

Dhananjay Kumar Petitioner By Legal Practitioner for Petitioner Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

06.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri Y.R. Sharma, learned counsel for the petitioner and Shri Kaushik Chattarjee, learned counsel for the respondents.

Vide order dated 20.12.2017, learned counsel for the respondents were directed to provide copy of DCM proceedings to learned counsel for the petitioner but the same has not been provided to him. Today, learned counsel for the respondents submits that he will provide copy of the DCM proceedings to learned counsel for the applicant during the course of day. List this case on 26.03.2018 for orders.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 T.A. No. 52 of 2017

Lt Dhirendra Tiwari (Retd) Petitioner By Legal Practitioner for Petitioner Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

06.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Memo of appearance filed by Shri Kaushik Chatterji on behalf of the respondents is taken on record. His name be shown

as learned counsel for the respondents when the case is listed next. Present: Shri Virat Anand Singh, learned counsel for the petitioner and Shri Kaushik Chattarji, learned counsel for the respondents assisted by Lt Cdr Chinmay Sharma, representative of Navy. Learned counsel for the petitioner prays for time to file copy of civil appeal alongwith rejoinder affidavit. Learned counsel for the respondents has submitted that the applicant has earlier filed O.A. before Armed Forces Tribunal, Principal Bench, New Delhi referring a Civil Appeal before Hon’ble Apex Court. He has submitted that the applicant be directed to bring on record the copy of the Civil Appeal which was filed before the Hon’ble Apex Court. List this case on 15.03.2018 for orders.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 T.A. No. 26 of 2016

Noor Ahmed Petitioner By Legal Practitioner for Petitioner Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

06.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present: Shri S.A. Siddiqui, learned counsel for the petitioner and Dr. Shailendra Sharma Atal, learned counsel for

the respondents. This is a part heard matter of other Bench. List this case on 09.02.2018 for hearing before appropriate Bench.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) SB

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

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 499 of 2017 Vinod Singh Applicant By Legal Practitioner for Applicant Versus Chief of Army Staff & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

06.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Rohit Kumar, learned counsel for the applicant and Shri Sunil Sharma, learned counsel for the respondents. Having heard the learned counsel for the parties, we find that it is a fit

case for admission. Admit. O.A. No. 499 of 2017

By means of this O.A., the applicant has prayed for a direction to the respondent no.1 to decide his statutory petition dated 05th October 2016 preferred by him, which has not been decided so far. Learned counsel for the applicant has submitted that this O.A. may be disposed of with a direction to the respondent concerned to dispose of the pending statutory petition dated 05th October 2016. Accordingly, with the consent of the learned counsel for the parties, this O.A. is being disposed of at the admission stage with the direction to the authority concerned to decide the statutory petition preferred by the applicant by a speaking and reasoned order within a period of three months from the date of production of a certified copy of this order before him. Registry is directed to send a copy of this order to the respondent concerned to ensure compliance.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

PKG

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

DY-No. 438 of 2017 with M.A. Nos. 1862 & 617 of 2017 Inre: O.A. No. Nil of 2017

Vir Singh Yadav Applicant By Legal Practitioner for Applicant Versus Chief of Army Staff & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

06.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Rohit Kumar, learned counsel for the applicant and Shri RC Shukla, learned counsel for the respondents.

Learned counsel for the applicant prays for and is granted four weeks’ time to take steps for amendment in the prayer clause of the O.A. List this case on 07.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

PKG

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

EX-A. No. 89 of 2017 Inre: O.A. No. 272 of 2013

Pravat Kumar Behuria Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

06.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri SS Rajawat, learned counsel for the Applicant and Dr Shailendra Sharma Atal, learned counsel for the respondents.

EX-A. No. 89 of 2017 Vide order dated 04th January 2018, the following order was passed : “In spite of granting several opportunities, judgment of this Tribunal dated 25.01.2017 passed in O.A. No.272 of 2013 has not been complied with. We grant further time to the respondents to file compliance report within a month subject to payment of cost of Rs.10,000/- which shall be deposited by the respondents in the Registry within two weeks. The costs so deposited shall be paid to the applicant through cheque forthwith. List this case on 06.02.2018 for orders.”

In spite of the said direction, the order under execution has not been complied with on the ground that a civil appeal has been preferred before the Hon’ble Apex Court, which is still pending. Admittedly, the said appeal has not been decided nor there is any stay order staying the operation of the order of this Court. Learned counsel for the respondents submits that the said civil appeal is likely to be listed very soon. Cost of Rs.10,000/- imposed on the respondents by the aforesaid order, has not yet been paid. Learned counsel for the respondents submits that two months’ time may be granted to file compliance report and to wait for the outcome of the civil appeal. Learned counsel for the respondents are directed to ensure payment of cost positively within one week from today and to file compliance report on the next date fixed, failing which they will have to pay the enhanced cost of Rs.15,000/- on the next date fixed. List this case on 20.04.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

PKG

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

EX-A. No. 138 of 2017 Inre: T.A. No. 83 of 2012

Jyoti Prakash Pandey Petitioner By Legal Practitioner for Petitioner Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

06.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri BN Chaubey, learned counsel for the petitioner and Mrs Anju Singh, learned counsel for the respondents.

EX-A. No. 138 of 2017 This is an application for execution of the order dated 21st February 2017 passed by this Tribunal in T.A.No.83 of 2012. It is submitted by the learned counsel for the respondents that letter has been sent to the applicant for furnishing certain documents. Learned counsel for the applicant has admitted that the applicant has received the said letter and has sent the required information to the respondents on 24th January 2018. Learned counsel for the applicant is directed to provide a copy of the said information to the learned counsel for the respondents, so that he may ensure whether the complete information has been furnished or not? In case any discrepancy is found, the matter may be sorted out between the parties. List this case on 15.03.2018 for orders. Meanwhile, compliance report may be filed by the learned counsel for the respondents.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

PKG

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

EX-A. No. 158 of 2017 Inre: T.A. No. 65 of 2016

Sanjay Singh Petitioner By Legal Practitioner for Petitioner Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

06.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri KS Pawar, learned counsel for the petitioner and Shri Amit Jaiswal, learned counsel for the respondents.

Learned counsel for the respondents has filed a copy of the order dated 02nd February 2018 issued by the Senior Record Officer, which is taken on record. It is informed by the learned counsel for the respondents that by the said order, the applicant has been notionally reinstated in service w.e.f. 26th June 1999 (i.e. the date of dismissal) and, therefore, he be notionally discharged on completion of 19 years of service w.e.f. 30th June 2017. The Department has also taken steps for release of the pension accordingly. Learned counsel for the respondents prays for and is granted six weeks’ time to file compliance report. List this case on 23.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

PKG

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 189 of 2017 with M.A. No. 2155 of 2017 (Inre: O.A. No. Nil of 2017)

Satya Narayan Prasad Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

06.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Vijay Kumar Pandey, learned counsel for the applicant and Shri Shyam Singh, learned counsel for the respondents.

M.A. No. 189 of 2017 Since the applicant has been seeking pay and pension arisen out after MACP scheme wef 01.01.2006, therefore, we find that the delay has sufficiently been explained. Accordingly, this application is hereby allowed and the delay in filing the O.A. is hereby condoned. Having heard the learned counsel for the parties, we find that it is a fit case for admission. Admit. Let the case be registered as O.A. Learned counsel for the respondents prays for and is granted four weeks’ time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks’, thereafter. List this case on 21.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 1220 of 2017 with M.A. No. 291 of 2018 (Inre: O.A. No. Nil of 2017)

Hira Lal Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

06.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Shrish Chandra, learned counsel for the applicant and Dr Shailendra Sharma Atal, learned counsel for the respondents.

M.A. No. 291 of 2018 Reply to objection on the application for condonation of delay filed by learned counsel for the respondents, in Court today, is taken record. Accordingly, aforesaid M.A. stands disposed off. Learned counsel for applicant prays for and is granted four weeks’ time to go through it. List this case on 12.03.2018 for hearing on the application for condonation of delay.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 2149 of 2017 (Inre: O.A. No. Nil of 2017)

Jawahar Singh Applicant By Legal Practitioner for Applicant Versus Union of India Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

06.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri KK Misra, learned counsel for the applicant and Shri Adesh Kumar Gupta, learned counsel for the respondents.

Learned counsel for the respondents prays for and is granted two weeks’ further time to file objection on the application for condonation of delay. Replication, if any, may be filed by learned counsel for the applicant, thereafter. List this case on 20.02.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 174 of 2017

Fateh Bahadur Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

06.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri VK Pandey, learned counsel for the applicant and Dr. Shailendra Sharma Atal, learned counsel for the respondents.

Learned counsel for the applicant submits that he has not yet received any instruction from his client to file substitution application and prays that this O.A. may be dismissed. Accordingly, O.A. No. 174 of 2017 is hereby dismissed.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 485 of 2017

Rajesh Kumar Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

06.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri RN Singh, learned counsel for the applicant and Dr. Shailendra Sharma Atal, learned counsel for the respondents.

Learned counsel for the respondents prays for and is granted a weeks’ time to file counter affidavit. Rejoinder affidavit, if any, may be filed by learned counsel for the applicant, thereafter. List this case on 19.02.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 524 of 2017

Jitendra Kumar Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

06.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri KB Singh, Advocate, holding brief of Shri Alok Mishra, learned counsel for the applicant and Dr. Gyan Singh, learned

counsel for the respondents. Shri KB Singh, Advocate, holding brief of Learned counsel for the applicant prays for and is granted four weeks’ further time to file rejoinder affidavit. List this case on 12.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 537 of 2017

Dinesh Kumar Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

06.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Ms Navita Sharma, learned counsel for the applicant and Dr. Shesh Narain Pandey, learned counsel for the respondents.

Learned counsel for the applicant prays for and is granted four weeks’ further time to incorporate amendment in the O.A. which has been allowed vide order dated 16.11.2017. List this case on 08.03.2018 for orders. In the meanwhile, learned counsel for the respondents shall also file counter affidavit.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 633 of 2017

Abinash Chand Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

06.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri PN Chaturvedi, learned counsel for the applicant and Shri Asheesh Kumar Singh, learned counsel for the respondents.

Learned counsel for the applicant prays for and is granted two weeks’ time to take steps for amending the prayer clause. List this case on 09.03.2018 for orders. In the meanwhile, learned counsel for the respondents shall also file counter affidavit.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4

[See rule 11(1)]

ORDER SHEET

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW

Court No. 1

O.A. No. 106 of 2013

Mahabir Singh Applicant

By Legal Practitioner for Applicant

Versus

Union of India & Others Respondents

By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

05.02.2018

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

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

Present: Shri Arun Kumar Bajpai, holding brief of Shri

Sanjay Shukla, learned counsel for the applicant and Shri Sidharth Dhaon, learned counsel for the respondents.

Learned counsel for the respondents has filed Paper book alongwith Bench copy in the Court which is taken on record and served a copy of the same to learned counsel for the applicant.

List this case on 14.03.2018 for hearing.

On the date fixed, learned counsel for the respondents shall produce original documents pertaining to the case for perusal of the Bench.

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

Member (A) Member (J)

ukt

Form No. 4

[See rule 11(1)]

ORDER SHEET

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW

Court No. 1

O.A. No. 86 of 2017 with M.A. No 276 of 2018

Awadhesh Yadav Applicant

By Legal Practitioner for Applicant

Versus

Union of India & Others Respondents

By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

05.02.2018

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

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

Present: Shri Arun Kumar, learned counsel for the applicant

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

M.A. No 276 of 2018

Rejoinder affidavit, filed by learned counsel for the applicant is taken on record. A copy of the same has been served upon to learned counsel for the respondents in the Court. M.A. aforesaid is disposed of accordingly.

Learned counsel for the respondents prays for and is granted two weeks’ time to go through it.

List this case on 06.03.2018 for hearing.

On the date fixed, learned counsel for the respondents shall produce original records pertaining to the case for perusal of the Bench.

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

Member (A) Member (J)

ukt Form No. 4

[See rule 11(1)]

ORDER SHEET

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW

Court No. 1

O.A. No. 91 of 2017 Alongwith M.A. No. 470 of 2017

Jagesgwar Singh Applicant

By Legal Practitioner for Applicant

Versus

Union of India & Others Respondents

By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

05.02.2018

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

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

Present: None for the applicant and Shri R.K.S. Chauhan, learned counsel for the respondents.

It has been informed by learned counsel for the respondents that as directed by the Court, statutory complaint filed by learned counsel for the applicant has been decided.

No one is present on behalf of the applicant hence case is adjourned.

List this case on 16.03.2018 for hearing.

On the date fixed, learned counsel for the respondents shall produce original records pertaining to the case for perusal of the Bench.

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

Member (A) Member (J)

ukt Form No. 4

[See rule 11(1)]

ORDER SHEET

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW

Court No. 1

O.A. No. 105 of 2017 with M.A. No 275 of 2018

Smt. Poonam Shukla Applicant

By Legal Practitioner for Applicant

Versus

Union of India & Others Respondents

By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

05.02.2018

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

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

Present: Shri Angrej Nath Shukla, learned counsel for the

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

M.A. No 275 of 2018

It has been submitted by learned counsel for the respondents that he has filed only a short counter affidavit which does not cover entire controversy. He prays for and is granted two weeks’ time to file detailed counter affidavit.

List this case on 05.03.2018 for orders.

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

Member (A) Member (J)

ukt Form No. 4

[See rule 11(1)]

ORDER SHEET

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW

Court No. 1

O.A. No. 140 of 2017 with M.A. No 278 of 2018

Jaswant Singh Applicant

By Legal Practitioner for Applicant

Versus

Union of India & Others Respondents

By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

05.02.2018

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

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

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

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

M.A. No 278 of 2018

Counter affidavit, filed by learned counsel for the respondents is taken on record. A copy of the same has been served upon to learned counsel for the respondents in the Court. M.A. aforesaid is disposed of accordingly.

Learned counsel for the applicant prays for and is granted two weeks time to file rejoinder affidavit.

List this case on 07.03.2018 for orders.

On the date fixed, learned counsel for the respondents shall produce original records pertaining to the case for perusal of the Bench.

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

Member (A) Member (J)

ukt Form No. 4

[See rule 11(1)]

ORDER SHEET

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW

Court No. 1

O.A. No. 153 of 2017 with M.A. No 44 of 2018

Bhawani Datt Applicant

By Legal Practitioner for Applicant

Versus

Union of India & Others Respondents

By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

05.02.2018

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

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

Present: Shri R. Chandra, learned counsel for the applicant and Shri Yogesh Kesarwani, learned counsel for the respondents.

Heard learned counsel for the parties.

Arguments concluded.

Order reserved.

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

Member (A) Member (J)

Ukt

Form No. 4

[See rule 11(1)]

ORDER SHEET

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW

Court No. 1

O.A. No. 176 of 2017

Sukhdev Singh Applicant

By Legal Practitioner for Applicant

Versus

Chief of Army Staff & Others Respondents

By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

05.02.2018

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

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

Present: Shri Rohit Kumar, learned counsel for the applicant

and Shri Sidharth Dhaon, learned counsel for the respondents.

From perusal of order sheet, it transpires that four opportunities have been granted to learned counsel for the respondents to file counter affidavit. Today again he is praying for time to file counter affidavit.

As a matter of last opportunity, two weeks further time is granted to learned counsel for the respondents to file counter affidavit. It is clarified that in case he fails to file the same no further time shall be granted.

List this case on 09.03.2018 for orders.

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

Member (A) Member (J)

ukt Form No. 4

[See rule 11(1)]

ORDER SHEET

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW

Court No. 1

O.A. No. 388 of 2017 with M.A. No 277 of 2018

Gagan Singh Applicant

By Legal Practitioner for Applicant

Versus

Union of India & Others Respondents

By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

05.02.2018

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

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

Present: Shri Yash Pal Singh, learned counsel for the

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

M.A. No. 277 of 2018

Counter affidavit filed by learned counsel for the respondents is taken on record. M.A. aforesaid is disposed of accordingly.

Learned counsel for the applicant prays for and is granted two weeks’ time to file rejoinder affidavit.

List this case on 26.02.2018 for hearing.

On the date fixed, learned counsel for the respondents shall produce original records pertaining to the case for perusal of the Bench.

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

Member (A) Member (J)

ukt Form No. 4

[See rule 11(1)]

ORDER SHEET

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW

Court No. 1

O.A. (A) No. 279 of 2013

Manoj Kumar Sharma Applicant

By Legal Practitioner for Applicant

Versus

Union of India & Others Respondents

By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

05.02.2018

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

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

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

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

On call of the case, learned counsel for the respondents submits that original documents pertaining to case are not available today and prays for adjournment of the case. Accordingly, the case is adjourned.

As prayed, list this case on 15.02.2018 for hearing.

On the date fixed, learned counsel for the respondents shall produce original records pertaining to the case for perusal of the Bench.

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

Member (A) Member (J)

ukt

Form No. 4

[See rule 11(1)]

ORDER SHEET

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW

Court No. 1

T.A. No. 185 of 2009 with M.A. No. 821 of 2017

Vijay Kumar Yadav Petitioner

By Legal Practitioner for Petitioner

Versus

Union of India & Others Respondents

By Legal Practitioner for Respondens

Notes of the Orders of the Tribunal Registry

05.02.2018

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

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

Present: The applicant Shri Vijay Kumar Yadav in person

and Dr. Chet Narain Singh, learned counsel for the respondents.

The applicant Shri Vijay Kumar Yadav submits that his counsel Shri V.A. Singh is not available today and prays for adjournment of the case. Accordingly, the case is adjourned.

It is clarified that since the writ petition pertains to the year 2007, no further adjournment shall be granted to any of the parties.

List this case on 12.02.2018 for hearing.

On the date fixed, learned counsel for the respondents shall produce original records pertaining to the case for perusal of the Bench.

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

Member (A) Member (J)

ukt

Form No. 4

[See rule 11(1)]

ORDER SHEET

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW

Court No. 1

T.A. No. 753 of 2010 Alongwith O.A. No. 248 of 2011 &

M.A. No 274 of 2018

K.P. Mishra Petitioner

By Legal Practitioner for Petitioner

Versus

Union of India & Others Respondents

By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

05.02.2018

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

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

Present: Shri S.K. Pandey, learned counsel for the petitioner

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

M.A. No 274 of 2018

Amended counter affidavit filed by learned counsel for the respondents is taken on record. M.A. aforesaid is disposed of accordingly.

Learned counsel for the petitioner prays for and is granted two weeks time to file rejoinder affidavit to amended counter affidavit.

List this case on 21.02.2018 for orders.

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

Member (A) Member (J)

ukt

Form No. 4

[See rule 11(1)]

ORDER SHEET

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW

Court No. 1

M.A. No. 1317 of 2016 Inre O.A. No. Nil of 2017

Maneesh Kumar Applicant

By Legal Practitioner for Applicant

Versus

Union of India & Others Respondents

By Legal Practitioner for Respondents

Notes of the Registry Orders of the Tribunal

05.02.2018

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

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

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

Mohd Zafar Khan, learned counsel for the respondents.

M.A. No. 1317 of 2016

By means of this application, the applicant has made prayer to reinstate him in service and grant arrears of pay and allowances. As per office report, the application is delayed by 07 months and 05 days in filing the original application. The reasons given in the affidavit filed in support of the application for condonation of delay seem to be sufficient. The objection raised by the respondents is rejected. The application for condonation of delay is allowed and the delay in filing the original application is condoned.

Admit.

Let the case be registered as O.A.

List this case on 28.03.2018 for orders.

(Lt Gen Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

SB Form No. 4

[See rule 11(1)]

ORDER SHEET

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW

Court No. 1

M.A. No. 1969 of 2017 with M.A. No. 1970 of 2017 Inre O.A. No. 166 of 2011

Sachchida Nand Tiwari Applicant

By Legal Practitioner for Applicant

Versus

Chief of Army Staff & Others Respondents

By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

05.02.2018

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

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

Present: Mrs. Kavita Belaura, learned counsel for the applicant and Dr. Shailendra Sharma Atal, learned counsel for the respondents.

Learned counsel for the respondents pays for and is granted two weeks’ time to file objection on the application for condonation of delay. Replication, if any, may be filed by learned counsel for the applicant within a week, thereafter.

List this case on 07.03.2018 for orders.

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

Member (A) Member (J)

Form No. 4

[See rule 11(1)]

ORDER SHEET

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW

Court No. 1

M.A. No. 2108 of 2017 Inre O.A. No. Nil of 2017

Milap Singh Applicant

By Legal Practitioner for Applicant

Versus

Union of India & Others Respondents

By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

05.02.2018

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

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

Present: Shri Virendra Kumar Gupta, learned counsel for the applicant and Shri Anurag Mishra, learned counsel for the respondents.

Learned counsel for the respondents pays for and is granted a week’s time to file objection on the application for condonation of delay. Replication, if any, may be filed by learned counsel for the applicant within a week, thereafter.

List this case on 26.02.2018 for orders.

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

Member (A) Member (J)

SB Form No. 4

[See rule 11(1)]

ORDER SHEET

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW

Court No. 1

O.A. No. 385 of 2011 with M.A. No. 18 of 2018

Sharma Naresh Kumar Applicant

By Legal Practitioner for Applicant

Versus

Union of India & Others Respondents

By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

05.02.2018

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

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

Present: Shri Vinay Pandey, Advocate holding brief of Shri

Virat Anand Singh, learned counsel for the applicant and Shri D.K. Pandey, learned counsel for the respondents.

M.A. No. 18 of 2018

Supplementary rejoinder affidavit filed by learned counsel for the applicant is taken on record.

On call of the case, Shri Vinay Pandey, Advocate, submits that learned counsel for the applicant is not available today and prays for adjournment of the case. As prayed, the case is adjourned.

List this case on 12.02.2018 for orders.

It is clarified that no further adjourned shall be granted since the case is very old which pertains to the year 2011.

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

Member (A) Member (J)

SB Form No. 4

[See rule 11(1)]

ORDER SHEET

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW

Court No. 1

O.A. No. 17 of 2016 with M.A. No. 2442 of 2016

Rajender Singh Bisht Applicant

By Legal Practitioner for Applicant

Versus

Union of India & Others Respondents

By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

05.02.2018

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

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

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

applicant and Shri Kaushik Chatterji, learned counsel for the respondents.

Learned counsel for the applicant pays for and is granted two weeks’ further time to file rejoinder affidavit.

List this case on 27.02.2018 for orders.

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

Member (A) Member (J)

Form No. 4

[See rule 11(1)]

ORDER SHEET

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW

Court No. 1

O.A. No. 78 of 2016

Shiv Kumar Singh Applicant

By Legal Practitioner for Applicant

Versus

Union of India & Others Respondents

By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

05.02.2018

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

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

Present: Shri Om Prakash Kushwaha, learned counsel for

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

Learned counsel for the parties submit that pleadings have been exchanged and the case is ripe for hearing.

List this case on 16.03.2018 for hearing.

On the date fixed, learned counsel for the respondents shall produce original records pertaining to the case for perusal of the Bench.

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

Member (A) Member (J)

Form No. 4

[See rule 11(1)]

ORDER SHEET

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW

Court No. 1

O.A. No. 164 of 2016

Rajveer Singh Applicant

By Legal Practitioner for Applicant

Versus

Union of India & Others Respondents

By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

05.02.2018

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

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

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

and Shri Bhanu Pratap Singh, learned counsel for the respondents.

Learned counsel for the applicant submits that he shall file supplementary rejoinder affidavit in the Registry during the course of day after serving a copy to learned counsel for the respondents.

List this case on 19.03.2018 for hearing.

On the date fixed, learned counsel for the respondents shall produce original records pertaining to the case for perusal of the Bench.

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

Member (A) Member (J)

Form No. 4

[See rule 11(1)]

ORDER SHEET

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW

Court No. 1

O.A. No. 152 of 2017 with O.A. No. 417 of 2012 (Decided)

Rajendra Singh Applicant

By Legal Practitioner for Applicant

Versus

Union of India & Others Respondents

By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

05.02.2018

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

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

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

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

Learned counsel for the respondents submits that counter affidavit is prepared and the same will be filed within a short time.

As prayed by learned counsel for the respondents, list this case on 12.02.2018 for orders.

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

Member (A) Member (J)

Form No. 4

[See rule 11(1)]

ORDER SHEET

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW

Court No. 1

O.A. No. 296 of 2017

Umesh Chandra Rai Applicant

By Legal Practitioner for Applicant

Versus

Union of India & Others Respondents

By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

05.02.2018

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

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

Present: Shri S.G. Singh, learned counsel for the applicant and Dr. Shailendra Sharma Atal, learned counsel for the respondents.

Learned counsel for the respondents prays for and is granted two weeks’ further time to file counter affidavit.

List this case on 28.02.2018 for orders.

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

Member (A) Member (J)

Form No. 4

[See rule 11(1)]

ORDER SHEET

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW

Court No. 1

T.A. No. 775 of 2010

R.N. Pandey Petitioner

By Legal Practitioner for Petitioner

Versus

Union of India & Others Respondents

By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

05.02.2018

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

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

Present: Shri V.P. Pandey, learned counsel for the petitioner and Shri D.K. Pandey, learned counsel for the respondents.

Learned counsel for the petitioner submits that his client has met with an accident and he could not file amendment application for amending the prayer clause in the petition. As prayed, four weeks’ further time is granted for the same.

List this case on 23.03.2018 for orders.

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

Member (A) Member (J)

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 256 of 2018 with M.A. No. 257 of 2018 Inre: O.A. No. 245 of 2011

Pal Jaswant Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

05.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Memo of appearance filed by Shri Ashish Saxena, Advocate, on behalf of respondents is taken on record.

Present: Shri Brijendra Kumar Saxena, learned counsel for the applicant and Shri Ashish Saxena, learned counsel for the respondents. MA. No. 256 of 2018 This is an application for condonation of delay in moving the application under section 31(2) of the Armed Forces Tribunal Act 2007 for grant of leave to appeal against the judgment and order dated 11.08.2015 passed by this Court in O.A. No. 245 of 2011.

As per stamp reporter’s report, there is delay of 02 years, 04 months and 20 days in filing the application for leave to appeal. Section 31 (2) of the Armed Forces Tribunal Act 2007 provides that the application for leave to appeal shall be made for approaching Hon’ble Supreme Court within a period of 30 days beginning with the date of decision of the Tribunal. Apart from it, we have also gone through the grounds and reasons indicated in the affidavit filed in support of the application. In our considered opinion, the grounds urged in support of the prayer for grant of leave to appeal do not appear to be germane in view of the law laid down by the Hon’ble Supreme Court in Office of the Chief Post Master General and others vs Living Media India Ltd and another reported in 2012 STPL (LE) 46200 SC in which the Hon’ble Supreme Court has observed as under: “Condonation of delay is an exception and should not be used as an anticipated benefit for government departments” and since “the claim on account of impersonal machinery and inherited bureaucratic methodology of making several notes cannot be accepted in view of the modern technologies being used and available. The law of limitation undoubtedly binds everybody including the Government.”

The Hon’ble Supreme Court further observed as under :

In view of the decision of the Hon’ble Supreme Court in the aforesaid case, the application for condonation of delay cannot be entertained and it is hereby rejected.

M.A. No 257 of 2018

Even otherwise also, we do not find any point of law of general public importance involved in the decision so as to grant leave to appeal. Accordingly, this application is also rejected.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

RS/*

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

EX-A. No. 24 of 2018 Inre: O.A. No. 108 of 2010

Sunder Lal Applicant By Legal Practitioner for Applicant Versus The Officer-in-Charge Records The Punjab Regiment & others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

05.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Memo of appearance filed by Shri Ashish Kumar Singh, 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 Virendra Kumar Gupta, learned counsel for the applicant and Shri Ashish Kumar Singh learned counsel for the respondents. EX-A. No. 24 of 2018 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 April 2013 passed in O.A. No. 108 of 2013.

Learned counsel for the respondents prays for and is granted four weeks’ time to seek instructions and to file compliance report. List this case on 09.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

PKG

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 237 of 2018 Inre: EX-A. No. 113 of 2017 Inre: O.A. No. 393 of 2012

Ram Sewak Applicant By Legal Practitioner for Applicant Versus The Officer-in-Charge Armed Corps & another Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

05.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Memo of appearance filed by Dr Shailendra Sharma Atal, 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 Virendra Kumar Gupta, learned counsel for the applicant and Dr Shailendra Sharma Atal, learned counsel for the respondents. M.A. No. 237 of 2018

This is an application moved by the learned counsel for the applicant for correction of the order dated 27.11.2017 passed in Ex. Application No.113 of 2017. By the said order, a cost of Rs.10,000/- was imposed upon the respondents which has admittedly been deposited. It is submitted by the learned counsel for the applicant that it was not clear in the said order as to whom it is to be paid. Accordingly, it is hereby directed that the cost of Rs.10,000/- imposed on the respondents by the said order, shall be paid to the applicant. With the aforesaid clarification, the application stands disposed of. Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) PKG

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 238 of 2018 Inre: O.A. No. 73 of 2017

Durga Singh Panchpal Applicant By Legal Practitioner for Applicant Versus The Officer-in-Carge Armed Corps & another Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

05.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Memo of appearance filed by Dr Gyan Singh, 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 Vinay Pandey, learned counsel for the applicant and Dr Gyan Singh, learned counsel for the respondents. Learned counsel for the applicant prays for and is granted time for better preparation of the case. List this case on 19.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

PKG

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

EX-A. No. 109 of 2017 with M.A. No. 1497 of 2017 Inre: O.A. No. 122 of 2011

Sanjay Kumar Verma Applicant By Legal Practitioner for Applicant Versus Govt of India through Secretary Defence Sena Bhawan Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

05.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri KKS Bisht, learned counsel for the Applicant and Shri GS Sikarwar, learned counsel for the respondents.

EX-A. No. 109 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 28th February 2017 passed in O.A. No. 122 of 2011, whereby the respondents were directed to reinstate the applicant in service till the age of superannuation with all consequential benefits.

Learned counsel for the respondents has submitted that a civil appeal has been preferred against the said order bearing Diary No.39554 of 2017 before Hon’ble the Apex Court. Since the said civil appeal has not come up for hearing, therefore, learned counsel for the respondents prays for some time to wait for the outcome of the civil appeal or till the stay of the operation of the order under execution is vacated.

List this case on 19.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

PKG

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

EX-A. No. 169 of 2017 Inre: T.A. No. 31 of 2013

Chandrabhan Singh Petitioner By Legal Practitioner for Petitioner Versus Govt of India through Secretary Defence Sena Bhawan Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

05.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri VP Pandey, learned counsel for the petitioner and Shri DK Pandey, learned counsel for the respondents.

EX-A. No. 169 of 2017 Learned counsel for the respondents submits that instructions have to be obtained from the OIC, Legal Cell, Nainital. He prays for and is granted two weeks’ time to seek instructions. List this case on 26.02.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

PKG

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

EX-A. No. 177 of 2017 Inre: T.A. No. 579 of 2010

Harish Chandra Petitioner By Legal Practitioner for Petitioner Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

05.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Randhir Singh, Advocate holding brief of Shri Mohd Shariq Khan, learned counsel for the petitioner and Dr

Shailendra Sharma Atal, learned counsel for the respondents. EX-A. No. 177 of 2017 Learned counsel for the respondents has submitted that the applicant was required to furnish certain documents, which he has not filed, therefore, the execution of the order is delayed. We hereby direct the applicant as well as a Representative of the Department shall remain present on the date fixed. List this case on 27.02.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

PKG

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

EX-A. No. 186 of 2017 Inre: T.A. No. 47 of 2011

Rameshwar Singh Petitioner By Legal Practitioner for Petitioner Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

05.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri DS Tiwari, learned counsel for the petitioner and Shri Mohd Zafar, learned counsel for the respondents.

EX-A. No. 186 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 28th June 2017 passed in O.A. No. 47 of 2011, Learned counsel for the respondents has informed the Court that the order under execution has already been complied with in its letter and spirit. Learned counsel for the applicant has also informed the Court on the basis of the instructions received from his client that the applicant has already received the payment and the execution application has rendered infructuous. Accordingly, this Execution Application is dismissed as infructuous.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

PKG

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

EX-A. No. 3 of 2018 Inre: T.A. No. 1402 of 2010

Anurag Singh Petitioner By Legal Practitioner for Petitioner Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

05.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri KK Misra, learned counsel for the petitioner and Shri Namit Sharma, learned counsel for the respondents.

EX-A. No. 3 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 01st December 2017 passed in T.A. No. 1402 of 2010. By the aforesaid order, the respondents were directed to restore the applicant in service with all consequential benefits forthwith, but no action has been taken by the respondents. Learned counsel for the respondents has submitted that the competent authority has prayed for some time for reinstatement in service and consequential benefits to the applicant. In such circumstances, we consider it appropriate to adjourn the case. List this case on 02.04.2018 for orders. Meanwhile, respondents shall file compliance report, failing which the respondents will have to pay a cost of Rs.10,000/- to the applicant.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

PKG

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 49 of 2016 Inre: O.A. No. Nil of 2016

Surender Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

05.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Randhir Singh, Advocate holding brief of Shri SG Singh, learned counsel for the applicant and Shri Asheesh Agnihotri,

learned counsel for the respondents. Shri Randhir Singh, Advocate holding brief of Shri SG Singh, learned counsel for the applicant prays for and is granted two weeks’ time to file his reply to the objection on the application for condonation of delay. List this case on 28.02.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

PKG

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 1473 of 2016 with M.A. No. 1876 of 2017 Inre: O.A. No. Nil of 2016

Arun Kumar Applicant By Legal Practitioner for Applicant Versus Union of India Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

05.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Dileep Singh, learned counsel for the applicant and Dr Shailendra Sharma Atal, learned counsel for the respondents.

Learned counsel for the applicant submits that he is not prepared with the case and prays for time for better preparation of the case. List this case on 07.03.2018 for orders on the application for condonation of delay.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J)

PKG

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 M.A. No. 239 of 2018 (Inre: M.A. No. 2005 of 2016 alongwith M.A. No. 2269 of 2016)

Bhagwan Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

05.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Vinay Pandey, learned counsel for the applicant and Dr. Shailendra Sharma Atal, learned counsel for the respondents.

Learned counsel for the applicant prays for and is granted time for better preparation of the case. List this case on 19.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 M.A. No. 1521 of 2016 (Inre: O.A. No. Nil of 2016)

Nathun Singh Applicant By Legal Practitioner for Applicant Versus Chief of Army Staff & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

05.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri PN Chaturved, learned counsel for the applicant and Shri Virendra Singh, learned counsel for the respondents.

Learned counsel for the applicant prays for and is granted four weeks’ further time to file replication to the objection on the application for condonation of delay filed by the respondents. List this case on 08.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 M.A. Nos. 1876 and 1877 of 2016 (Inre: T.A. No. 1312 of 2010)

Roopa Singh Petitioner By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

05.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri R Chandra, learned counsel for the applicant and Dr. Shailndra Sharma Atal, learned counsel for the respondents.

Learned counsel for the applicant prays for and is granted four weeks’ further time to file compliance to order dated 12.01.2018 of this Court. List this case on 09.03.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 M.A. No. 61 of 2017 with M.A. No. 62 of 2017 (Inre: O.A. No. 455 of 2012)

Prashant Kumar Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

05.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Vinay Pandey, Advocate, holding brief of Shri Virat Anand Singh, learned counsel for the applicant and Dr.

Shailendra Sharma Atal, learned counsel for the respondents. Shri Vinay Pandey, Advocate, holding brief of learned counsel for the applicant prays for and is granted three days further time to file reply to the objection on delay condonation application. List this case on 08.02.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 M.A. No. 82 of 2017 (Inre: O.A. No. Nil of 2017)

Sukhvinder Singh Kandari & Ex Sub Gauri Singh Applicants By Legal Practitioner for Applicants Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

05.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri VP Pandey, Advocate, holding brief of Shri Satendra Kumar Mishra, learned counsel for the applicants and Mrs

Appoli Shrivastava, learned counsel for the respondents. Learned counsel for the applicant prays for and is granted four weeks’ time to file reply to the objection on application for condonation of delay. List this case on 05.03.2018 for hearing on the application for condonation of delay.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 M.A. No. 959 of 2017 (Inre: O.A. No. Nil of 2017)

Mahananda Rath Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

05.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Vinay Pandey, Advocate, holding brief of Shri Virat Anand Singh, learned counsel for the applicant and Shri Yogesh

Kesarwani, learned counsel for the respondents. Shri Vinay Pandey, Advocate, holding brief of learned counsel for the applicant submits that counsel for the applicant has not come to the Court since he is out of station hence he prays for adjournment of the case. Accordingly, in the interest of justice, the case is passed over for the day. List this case on 16.02.2018 for orders.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 M.A. No. 1135 of 2017 (Inre: O.A. No. Nil of 2017)

Jitender Pal Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

05.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri Vinay Pandey, Advocate, holding brief of Shri Virat Anand Singh, learned counsel for the applicant and Shri Yogesh

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 M.A. No. 1277 of 2017 with M.A. No. 273 of 2018 (Inre: O.A. No. Nil of 2017)

Vijay Pal Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

05.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Lt. Gen. Gyan Bhushan, Member (A)

Present: Shri KK Mishra, Advocate, holding brief of Shri Ashish Saxena, learned counsel for the applicant and Shri Yogesh

Kesarwani, learned counsel for the respondents. M.A. No. 273 of 2018 Objection on the application for condonation of delay filed by learned counsel for the respondents, in Court today, after serving a copy upon learned counsel for the applicant, is taken on record. Aforesaid M.A. stands disposed of, accordingly. Learned counsel for the applicant raised an objection that the copy of objection, which has been provided by the respondents, has not been signed. This objection has no substance. Hence, the objection raised by counsel for the applicant is hereby rejected. List this case on 14.03.2018 for orders. In the meanwhile, reply to the objection on delay condonation application may be filed by the applicant.

(Lt. Gen. Gyan Bhushan) (Justice S.V.S. Rathore) Member (A) Member (J) RPM/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 546 of 2017

Jogendra Kumar Sharma Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

02.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)

O.A. No. 546 of 2017, Jogendra Kumar Sharma vs. Union of India and others is allowed.

For order, see our judgment passed on separate sheets.

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

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 327 of 2016

Puran Chander Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

02.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)

O.A. No. 327 of 2016, Puran Chander vs. Union of India and others is allowed.

For order, see our judgment passed on separate sheets.

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

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 M.A. No. 1873 of 2017 Inre O.A. No. Nil of 2017 Umesh Oraon Applicant By Legal Practitioner for Applicant Versus Chief of Army Staff & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

02.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)

Present: Shri S.K. Singh, learned counsel for the applicant and Shri Ashish Kumar Singh, learned counsel for the respondents.

M.A. No. 261 of 2018 Objection on the application for condonation of delay filed by learned counsel for the respondents is taken on record. Learned counsel for the applicant submits that he does not intend to file replication to the objection. M.A. No. 1873 of 2017 By means of this application, the applicant has made prayer for grant of disability pension. As per office report, the application is delayed by 02 years, 06 months and 20 days in filing the original application. The reasons given in the affidavit filed in support of the application for condonation of delay seem to be sufficient. The objection raised by the respondents is rejected. The application for condonation of delay is allowed and the delay in filing the original application is condoned. Admit. Let the case be registered as O.A. Learned counsel for the respondents prays for and is granted four weeks’ time to file counter affidavit. Rejoinder affidavit, if any, may be filed by learned counsel for the applicant within two weeks, thereafter. List this case on 19.03.2018 for orders. (Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) SB

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 M.A. No. 2287 of 2017 with M.A. No. 2288 of 2017 Inre T.A. No. 90 of 2010

Gurumani V Petitioner By Legal Practitioner for Petitioner Versus Chief of Air Staff & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

02.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)

Present: None for the petitioner and Shri Ashish Saxena, learned counsel for the respondents.

On call of the case, no one appears on behalf of the petitioner. In this matter, there is a delay of more than 7 years. Learned counsel for the respondents prays for and is granted two weeks’ time to file objection on the application for condonation of delay in filing the recall application. List this case on 16.02.2018 for orders.

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

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 264 of 2017 with M.A. No. 236 of 2018

Devendra Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

02.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)

Present: Shri S.S. Rajawat, learned counsel for the applicant and Shri Yogesh Kesarwani, learned counsel for the respondents.

M.A. No. 232 of 2018 Amendment application filed by learned counsel for the applicant is taken on record. Learned counsel for the respondents prays for time to file objection on amendment application whereby the applicant has made prayer to add additional prayer in the prayer clause to challenge the order dated 17.07.2002 passed by Chief of Army Staff on his statutory petition. List this case on 26.02.2018 for hearing on amendment application.

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

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 323 of 2016

Rahul Kumar Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

02.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)

Present: Shri R. Chandra, learned counsel for the applicant and Shri Ashish Agnihotri, learned counsel for the respondents.

Heard learned counsel for the parties on this review application. Arguments concluded. Order reserved.

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

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 Dy. No. 980 of 2014

Asha Ram Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

02.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)

Present: Shri P.N. Chaturvedi, learned counsel for the applicant and Dr. Shailendra Sharma Atal, learned counsel for

the respondents. Learned counsel for the respondents informed the Court that a preliminary objection has been raised on the maintainability of the O.A. Learned counsel for the applicant prays for time to file reply to said objection. List this case on 06.03.2018 for hearing.

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

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 213 of 2014

Veer Pratap Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

02.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)

Present: Shri Shailendra Kumar Singh, learned counsel for the applicant and Shri Shyam Singh, learned counsel for the

respondents. Heard learned counsel for the parties. Keeping in view the controversy involved in the present O.A., we are of the view that the respondents should bring on record the policy whereby the regiment of artillery namely Air Defence Artillery was established on 10.01.1995 and as to how the same was formed and the manpower was inducted in the new Air Defence Artillery. List this case on 06.03.2018 for hearing. On the date fixed, learned counsel for the respondents shall produce original documents pertaining to the case for perusal of the Bench.

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

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 214 of 2014 with M.A. No. 55 of 2017

Chunni Lal Yadav Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

02.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)

Present: Shri Shailendra Kumar Singh, learned counsel for the applicant and Ms. Anju Singh, learned counsel for the

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

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 215 of 2014 with M.A. No. 210 of 2017

Rameshwar Dyal Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

02.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)

Present: Shri Shailendra Kumar Singh, learned counsel for the applicant and Mrs. Deepti P Bajpai, learned counsel for the respondents.

Heard learned counsel for the parties. Keeping in view the controversy involved in the present O.A., we are of the view that the respondents should bring on record the policy whereby the regiment of artillery namely Air Defence Artillery was established on 10.01.1995 and as to how the same was formed and the manpower was inducted in the new Air Defence Artillery. List this case on 06.03.2018 for hearing. On the date fixed, learned counsel for the respondents shall produce original documents pertaining to the case for perusal of the Bench.

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

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 269 of 2015

Radhey Shyam Sharma Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

02.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)

Present: Shri Shailendra Kumar Singh, learned counsel for the applicant and Shri D.K. Pandey, learned counsel for the

respondents. List this case on 06.03.2018 for hearing alongwith O.A. No. 213 of 2014 and other connected matters. On the date fixed, learned counsel for the respondents shall produce original documents pertaining to the case for perusal of the Bench.

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

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 36 of 2016 with M.A. No. 235 of 2018 MK Chandrasekharan Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of Orders of the Tribunal the Registry 02.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)

Present: Shri Yash Pal Singh, learned counsel for the applicant and Shri Amit Jaiswal, learned counsel for the respondents.

This is an application with prayer to recall the order dated 12.12.2017 whereby cost of Rs. 5000/- was imposed upon the applicant and the same was directed to be paid to Departmental Representative Col Sonali who had to come from New Delhi. It is submitted by learned counsel for the applicant that Col Sonali was not summoned to remain present in Court on said date. However, a perusal of the order shows that cost was awarded on the ground that learned counsel for the applicant was absent on account of being busy in District Consumer Forum. A perusal of the order sheet shows that on a large number of occasions, when the case was fixed for hearing, on one or the other ground, the case was adjourned on the request of learned counsel for the applicant. While hearing learned counsel for the parties on this application, learned counsel for the applicant submitted that the cost may be directed to be paid to the Bar Association AFT Lucknow. Upon hearing learned counsel for the parties, we are inclined to accept this submission of the learned counsel for the applicant to the above extent. Accordingly, the order dated 12.12.2017 is modified to the extent that the cost imposed by said order shall be remitted to the Bar Association AFT Lucknow. List this case on 28.02.2018 for hearing. On the date fixed, learned counsel for the respondents shall produce original documents pertaining to the case for perusal of the Bench.

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

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 246 of 2016

Nichkoo Charmkar Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

02.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)

Present: Shri Manoj Kumar Singh, learned counsel for the applicant and Shri Kaushik Chatterji, learned counsel for the

respondents. Rejoinder affidavit filed by learned counsel for the applicant in Court is taken on record. Learned counsel for the respondents prays for time to go through it. List this case on 12.03.2018 for hearing. On the date fixed, learned counsel for the respondents shall produce original documents pertaining to the case for perusal of the Bench.

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

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 223 of 2017 with M.A. No. 1473 of 2017

Mohd Nasim Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

02.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)

Present: Shri Rajindra Pratap Singh, learned counsel for the applicant and Shri Asheesh Agnihotri, learned counsel for the

respondents. Heard learned counsel for the parties. Argument concluded. Order reserved.

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

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 T.A. No. 12 of 2014

Sumont Gupta Petitioner By Legal Practitioner for Petitioner Versus Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of the Orders of the Tribunal Registry

02.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)

Present: Shri Sanjay Katiyar, Advocate holding brief of Shri Abhishek Singh, learned counsel for the petitioner and Shri

Namit Sharma, learned counsel for the respondents. It is informed at Bar that Shri Abhishek Singh, learned counsel for the applicant is indisposed of and is not attending Tribunal today. As prayed, the case is adjourned. List this case on 09.02.2018 for hearing. On the date fixed, learned counsel for the respondents shall produce original documents pertaining to the case for perusal of the Bench. It is clarified that the case may be heard and disposed of finally on the next date of listing.

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

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 T.A. No. 84 of 2016 Devendra Singh Kushwaha Petitioner By Legal Practitioner for Petitioner Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

02.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal BBP Sinha, Member (A)

Present: Shri Nishant Verma, learned counsel for the petitioner and Dr. Shailendra Sharma Atal, learned counsel for the respondents.

This is an application for amendment whereby the applicant has sought to challenge the order dated 04.01.2017 which was passed on his statutory petition dated 03.09.2015. The controversy involved in the present petition relates to plural marriage. Initially this T.A. was filed in the Hon’ble High Court at Allahabad bearing No 13012 of 2001 whereby the petitioner has challenged the order dated 12.03.2001 and 02.02.2001. The pleadings were exchanged and the petition was transferred to this Tribunal which was received on 04.07.2016. After filing the Writ Petition in the Hon’ble High Court, applicant moved fresh representation before the Chief of the Army Staff after lapse of inordinate delay of 14 years which was decided vide order dated 04.01.2017 which is proposed to be challenged. We have heard learned counsel for the parties at length and we do not find any sufficient ground to allow the amendments. Accordingly, the application for amendment is rejected. List this case on 06.03.2018 for hearing. On the date fixed, learned counsel for the respondents shall produce original documents pertaining to the case for perusal of the Bench. (Air Marshal BBP Sinha) (Justice S.V.S. Rathore) Member (A) Member (J) anb Form No. 4

{See rule 11(1)} ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW

Court No. 1

O.A. No. 16 of 2017

Kulbhushan Dwivedi Applicant By Legal Practitioner for the Applicant

Versus

Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of Orders of the Tribunal the Registry 02.02.2018

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

Judgment pronounced.

OA is allowed.

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

separate sheets.

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

LN/-

Form No. 4

{See rule 11(1)} ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW

Court No. 1

O.A. No. 255 of 2016

Brij Kishor Dwivedi Applicant By Legal Practitioner for the Applicant

Versus

Union of India & Others Respondents By Legal Practitioner for Respondents

Notes of Orders of the Tribunal the Registry 02.02.2018

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

Judgment pronounced.

OA is allowed.

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

separate sheets.

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

LN/-

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

O.A. No. 237 of 2011

Vijai Shankar Yadav Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

02.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

O.A. No. 237 of 2011 Vijai Shankar Yadav Vs Chief of Army Staff & Others is partly allowed.

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

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

RS/*

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

O.A. No. 110 of 2017

Ravindar Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

02.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

O.A. No. 110 of 2017 Ravindar Singh Vs Union of India & Others is allowed.

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

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

RS/*

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

O.A. No. 243 of 2017

Kamlesh Kumar Dey Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

02.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

O.A. No. 243 of 2017 Kamlesh Kumar Dey Vs Union of India & Others is allowed.

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

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

RS/*

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 243 of 2018 Inre: O.A. No. Nil of 2018

Smt Bala Devi Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

02.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Memo of appearance filed by Shri RC Shukla, 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 KK Misra, learned counsel for the applicant and Shri RC Shukla, learned counsel for the respondents. M.A. No. 243 of 2018 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 45 years, 10 month and 24 days. Copy of this application has been served upon the learned Standing Counsel for the respondents on 31.01.2018. Learned Standing Counsel appearing for the respondents prays for and is granted four weeks’ time to file objection to the delay condonation application. Replication, if any, may be filed by the learned counsel for the applicant within two week’s thereafter. List this case on 05.03.2018 for orders.

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

RS/*

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 244 of 2018 Inre: O.A. No. Nil of 2018

Braj Bhushan Pandey Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

02.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Memo of appearance filed by Dr Shailendra Sharma Atal, Advocate, on behalf of respondents is taken on record. His name be

shown as learned counsel for the respondents, when the case is listed next. Present: Shri Parijat Belaura, learned counsel for the applicant and Dr Shailendra Sharma Atal, learned counsel for the respondents. M.A. No. 244 of 2018 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 11 years, 06 months and 29 days. Copy of this application has been served upon the learned Standing Counsel for the respondents on 31.01.2018. Learned Standing Counsel appearing for the respondents prays for and is granted four weeks’ time to file objection to the delay condonation application. Replication, if any, may be filed by the learned counsel for the applicant within two week’s thereafter. List this case on 06.03.2018 for orders.

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

RS/*

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 246 of 2018 Inre: O.A. No. Nil of 2018

Prem Kumar Sharma Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

02.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Memo of appearance filed by Shri Shyam Singh, 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 KK Misra, learned counsel for the applicant and Shri Shyam Singh, learned counsel for the respondents. M.A. No. 246 of 2018 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 26 years, 11 months and 25 days. Copy of this application has been served upon the learned Standing Counsel for the respondents on 31.01.2018. Learned Standing Counsel appearing for the respondents prays for and is granted four weeks’ time to file objection to the delay condonation application. Replication, if any, may be filed by the learned counsel for the applicant within two week’s thereafter. List this case on 23.03.2018 for orders.

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

RS/*

Form No. 4

[See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 250 of 2018 Inre: O.A. No. Nil of 2018

Smt Savitri Chand Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

02.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Memo of appearance filed by Dr Gyan Singh, 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 PN Chaturvedi, learned counsel for the applicant and Dr Gyan Singh, learned counsel for the respondents. M.A. No. 250 of 2018 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 07 years, 04 month and 08 days. Copy of this application has been served upon the learned Standing Counsel for the respondents on 22.01.2018. Learned Standing Counsel appearing for the respondents prays for and is granted four weeks’ time to file objection to the delay condonation application. Replication, if any, may be filed by the learned counsel for the applicant within two week’s thereafter. List this case on 26.03.2018 for orders.

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

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Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

EX-A. No. 18 of 2018 Inre: T.A. No. 133 of 2010

Yogendra Singh Tomar Petitioner By Legal Practitioner for Petitioner Versus Govt of India through Secretary Defence Sena Bhawan Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

02.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Memo of appearance filed by Shri Namit Sharma, Advocate, on behalf of respondents is taken on record. His name be shown as

learned counsel for the respondents, when the case is listed next. Present: Shri DKS Rathore, learned counsel for the petitioner and Shri Namit Sharma, learned counsel for the respondents. EX-A. No. 18 of 2018 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 20th September 2017 passed in T.A. No. 133 of 2010.

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

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Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 240 of 2018 with M.A. No. 241 of 2018 Inre: O.A. No. 567 of 2017

Union of India & Others Applicant By Legal Practitioner for Applicant Versus Balak Singh Negi Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

02.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Present: Ms Deepti P Bajpai, learned counsel for the applicant and Maj Piysh Thakran, Departmental Representative.

MA. No. 240 of 2018 This is an application for condonation of delay in moving the application under section 31(2) of the Armed Forces Tribunal Act 2007 for grant of leave to appeal against the judgment and order dated 18.12.2017 passed by this Court in O.A. No. 567 of 2017.

As per stamp reporter’s report, there is delay of 12 days in filing the application for leave to appeal. Section 31 (2) of the Armed Forces Tribunal Act 2007 provides that the application for leave to appeal shall be made for approaching Hon’ble Supreme Court within a period of 30 days beginning with the date of decision of the Tribunal. Apart from it, we have also gone through the grounds and reasons indicated in the affidavit filed in support of the application. In our considered opinion, the grounds urged in support of the prayer for grant of leave to appeal do not appear to be germane in view of the law laid down by the Hon’ble Supreme Court in Office of the Chief Post Master General and others vs Living Media India Ltd and another reported in 2012 STPL (LE) 46200 SC in which the Hon’ble Supreme Court has observed as under:

The Hon’ble Supreme Court further observed as under :

In view of the decision of the Hon’ble Supreme Court in the aforesaid case, the application for condonation of delay cannot be entertained and it is hereby rejected.

M.A. No 241 of 2018

Even otherwise also, we find that the matter pertains to enhanced pension in the rank of Naib Subedar but we do not find any point of law of general public importance involved in the decision so as to grant leave to appeal. Accordingly, this application is also rejected.

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

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Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 248 of 2018 with M.A. No. 249 of 2018 Inre: O.A. No. 163 of 2016

Union of India & Others Applicant By Legal Practitioner for Applicant Versus Laxman Singh Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

02.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Present: Shri Ashish Kumar Singh, learned counsel for the applicant and Maj Piysh Thakran, Departmental Representative.

MA. No. 248 of 2018 This is an application for condonation of delay in moving the application under section 31(2) of the Armed Forces Tribunal Act 2007 for grant of leave to appeal against the judgment and order dated 01.11.2017 passed by this Court in O.A. No. 163 of 2016.

As per stamp reporter’s report, there is delay of 02 months in filing the application for leave to appeal. Section 31 (2) of the Armed Forces Tribunal Act 2007 provides that the application for leave to appeal shall be made for approaching Hon’ble Supreme Court within a period of 30 days beginning with the date of decision of the Tribunal. Apart from it, we have also gone through the grounds and reasons indicated in the affidavit filed in support of the application. In our considered opinion, the grounds urged in support of the prayer for grant of leave to appeal do not appear to be germane in view of the law laid down by the Hon’ble Supreme Court in Office of the Chief Post Master General and others vs Living Media India Ltd and another reported in 2012 STPL (LE) 46200 SC in which the Hon’ble Supreme Court has observed as under:

The Hon’ble Supreme Court further observed as under :

In view of the decision of the Hon’ble Supreme Court in the aforesaid case, the application for condonation of delay cannot be entertained and it is hereby rejected.

M.A. No 249 of 2018

Even otherwise also, we find that the matter pertains to grant enhanced pension to the rank of Naib Subedar but we do not find any point of law of general public importance involved in the decision so as to grant leave to appeal. Accordingly, this application is also rejected.

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

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Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1

M.A. No. 251 of 2018 with M.A. No. 252 of 2018 Inre: O.A. No. 565 of 2017

Union of India & Others Applicant By Legal Practitioner for Applicant Versus Gautam Lal Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

02.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Present: Dr Gyan Singh, learned counsel for the applicant and Maj Piysh Thakran, Departmental Representative.

MA. No. 251 of 2018 This is an application for condonation of delay in moving the application under section 31(2) of the Armed Forces Tribunal Act 2007 for grant of leave to appeal against the judgment and order dated 18.12.2017 passed by this Court in O.A. No. 565 of 2017.

As per stamp reporter’s report, there is delay of 13 days in filing the application for leave to appeal. Section 31 (2) of the Armed Forces Tribunal Act 2007 provides that the application for leave to appeal shall be made for approaching Hon’ble Supreme Court within a period of 30 days beginning with the date of decision of the Tribunal. Apart from it, we have also gone through the grounds and reasons indicated in the affidavit filed in support of the application. In our considered opinion, the grounds urged in support of the prayer for grant of leave to appeal do not appear to be germane in view of the law laid down by the Hon’ble Supreme Court in Office of the Chief Post Master General and others vs Living Media India Ltd and another reported in 2012 STPL (LE) 46200 SC in which the Hon’ble Supreme Court has observed as under:

The Hon’ble Supreme Court further observed as under :

In view of the decision of the Hon’ble Supreme Court in the aforesaid case, the application for condonation of delay cannot be entertained and it is hereby rejected.

M.A. No 252 of 2018

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

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Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 T.A. No. 360 of 2010 with M.A. No. 254 of 2018

Nepal Singh Petitioner By Legal Practitioner for Petitioner Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

01.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Present: Shri Nepal Singh, applicant, in person and Dr. Shailendra Sharma Atal, learned counsel for the respondents.

M.A. No. 254 of 2018 Applicant, who appears in person has moved an application for transfer of this case to AFT, Chandigarh, in Court today, is taken on record. Accordingly, aforesaid M.A. stands disposed of. Since we have no power to transfer this case from one bench to another bench. Therefore, he advised to take steps prescribed for transfer of this case from this bench to AFT, Chandigarh before next date of listing. List this case on 20.04.2018 for orders.

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

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 T.A. No. 690 of 2010 Tikam Singh Petitioner By Legal Practitioner for Petitioner Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

01.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Present: Shri PN Chaturvedi, learned counsel for the applicant and Dr Shailendra Sharma Atal, learned counsel for the respondents.

In this case, matter pertains to disability pension. Invalid Medical Board Proceeding has not been filed either by the applicant or by the respondents. Learned counsel for the respondents prays for and is granted two weeks’ time to bring on record the Invalid Medical Board Proceeding. List this case on 16.02.2018 for orders.

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

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 T.A. No. 12 of 2016 with M.A. No. 255 of 2018 Tohid Ahmad Petitioner By Legal Practitioner for Petitioner Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

01.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Present: Shri PN Chaturvedi, learned counsel for the applicant and Dr Shesh Narain Pandey and Shhri Rajiv Pandey, learned counsel

for the respondents. M.A. No. 255 of 2018 Rejoinder affidavit filed by learned counsel for the petitioner, in Court today, is taken on record. Accordingly, aforesaid M.A. stands disposed of. List this case on 19.02.2018 for hearing. On the date fixed, original record pertaining to the case shall be produced by the learned counsel for the respondents for perusal of the bench.

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

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 T.A. No. 80 of 2016 Anoop Kumar Petitioner By Legal Practitioner for Petitioner Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

01.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Present: Shri Ram Dheeraj Yadav, learned counsel for the applicant and DK Pandey, learned counsel for the respondents.

On call of the case, learned counsel for the petitioner prays for two weeks’ further time to file rejoinder affidavit. Since this Writ Petition pertains to the year 2001 which has passed over more than 9 times by this Court on the pretext of filing the rejoinder affidavit, last opportunity is granted to file the rejoinder affidavit within two weeks, failing which the T.A. shall be disposed of in accordance with the law. List this case on 21.02.2018 for orders.

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

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 T.A. No. 87 of 2016 Yuraj Singh Petitioner By Legal Practitioner for Petitioner Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

01.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

List has been revised. Present: Shri Shailendra Kumar Singh, learned counsel for the

petitioner and Shri VPS Vats, learned counsel for the respondents. This Writ Petition pertains to the year 2001. Counter affidavit has been filed in the month of May 2017. Thereafter, learned counsel for the petitioner seek time more than 8 times to file rejoinder affidavit. Even today, an adjournment has been prayed to file rejoinder affidavit. Therefore, in the interest of justice, last opportunity is granted to file rejoinder affidavit within a week, failing which the right to file rejoinder affidavit shall be closed and the case be disposed of in accordance with law. List this case on 12.02.2018 for orders.

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

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 EX-A. No. 181 of 2017 (Inre: O.A. No. 174 of 2016)

Kailash Kumar Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

01.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Present: Dr Shailendra Sharma Atal, learned counsel for the respondents.

This case is taken up in the revised list. None appears on behalf of the applicant. Learned counsel for the respondents prays for and is granted three weeks’ time to move an application for review the operative portion of the order dated 25th July 2017 passed in O.A. No. 174 of 2016. List this case on 26.02.2018 for orders.

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

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 160 of 2017

Tejbir Singh Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

01.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Present: Shri R Chandra, learned counsel for the applicant and Mohd Zafar Khan, learned counsel for the respondents.

Learned counsel for the applicant prays for and is granted four weeks’ further time to file rejoinder affidavit. List this case on 12.03.2018 for orders.

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

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 O.A. No. 593 of 2017

Maharaj Ahmed Khan Applicant By Legal Practitioner for Applicant Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

01.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Present: Shri Rohit Kumar, Advocate, holding brief of Shri KK Misra, learned counsel for the applicant and Shri Rajiv Pandey,

learned counsel for the respondents. Learned counsel for the respondents prays for and is granted a weeks’ time to file counter affidavit. Thereafter, rejoinder affidavit, if any, may be filed by learned counsel for the applicant. List this case on 12.02.2018 for orders.

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

Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 1 T.A. No. 97 of 2016 with M.A. No. 2096 of 2017

Gyan Prakash Srivastava Petitioner By Legal Practitioner for Petitioner Versus Union of India & Others Respondents By Legal Practitioner for Respondents Notes of the Orders of the Tribunal Registry

01.02.2018 Hon’ble Mr. Justice S.V.S. Rathore, Member (J) Hon’ble Air Marshal B.B.P. Sinha, Member (A)

Present: Col TB Srivastava(Retd), learned counsel for the petitioner and Shri Asheesh Agnihotri, learned counsel for the

respondents. Heard learned counsel for the parties. Arguments concluded. Judgment reserved

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