Armed Forces Tribunal

Judgment & Order dated 17 Aug 2026 on 17 August 2026

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1. OA- 03/2026

Wing Cdr G Varadaraj ..... Applicant

By legal practitioners for Applicant

Dibya Shankar Bhattacharya

Sarat Kumar Saikia

Shivam Bhattacharya

-Versus-

UOI & Ors ..... Respondents

By legal practitioner for Respondents

Dipanjali Bora, CGSC

CORAM :

HON'BLE MR. JUSTICE UMESH CHANDRA SHARMA, MEMBER (J)

HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)

Page 1 of 40

17.08.2026

Heard Mr.Dibya Shankar Bhattacharya, learned Counsel for the applicant and Mrs.Dipanjali Bora, learned CGSC for the respondents.

Admit. Issue Notice.

Mrs.Dipanjali Bora, learned CGSC, appearing for the respondents accepts notice and seeks time to file counter affidavit.

Let Counter affidavit be filed within 08 weeks.

List the matter after 08 weeks as and when this Bench assembles next.

Sd/-

(Lt Gen C. P. Mohanty)

Member (A)

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Sd/-

(Justice U.C.Sharma )

Member (J)

</div>

Gm

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ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI

2. OA- 04/2026

Rabia Khatun ..... Applicant

By legal practitioners for Applicant

Girish Kumar Gupta

-Versus-

UOI & Ors ..... Respondents

By legal practitioner for Respondents

PK Garodia, CGSC

CORAM :

HON'BLE MR. JUSTICE UMESH CHANDRA SHARMA, MEMBER (J)

HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)

Page 3 of 40

17.08.2026

Heard Mr.Girish Kumar Gupta, learned Counsel for the applicant and

Mr.P.K.Garodia, learned CGSC for the respondents.

Admit. Issue Notice.

Mr.P.K.Garodia, learned CGSC, appearing for the respondents accepts

notice and seeks time to file counter affidavit.

Let Counter affidavit be filed within 08 weeks.

List the matter after 08 weeks as and when this Bench assembles next.

Sd/-

(Lt Gen C. P. Mohanty)

Member (A)

Sd/-

(Justice U.C.Sharma )

Member (J)

Gm

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3. OA- 05/2026

**Ex L/Hav Baikuntha Gayari** ..... **Applicant**

By legal practitioners for Applicant

P Thakuria

G Kakoti

S Medhi

**-Versus-**

**UOI & Ors** ..... **Respondents**

By legal practitioner for Respondents

Dipanjali Bora, CGSC

**CORAM :**

**HON'BLE MR. JUSTICE UMESH CHANDRA SHARMA, MEMBER (J)**

**HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)**

ORDER

**17.08.2026**

Heard Mr.S.Medhi, learned Counsel for the applicant and Mrs.Dipanjali Bora, learned CGSC for the respondents.

Admit. Issue Notice.

Mrs.Dipanjali Bora, learned CGSC, appearing for the respondents accepts notice and seeks time to file counter affidavit.

Let Counter affidavit be filed within 08 weeks.

List the matter after 08 weeks as and when this Bench assembles next **Sd/-**

Member (A)

**Gm**

**Sd/-** (Justice U.C.Sharma ) Member (J)

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4. OA- 06/2026 With MA-04/2026 Ex Sep Lalsanthang ..... Applicant By legal practitioners for Applicant Anup Ranjan Tahbildar -Versus- UOI & Ors ..... Respondents By legal practitioner for Respondents Dipanjali Bora, CGSC CORAM : HON'BLE MR. JUSTICE UMESH CHANDRA SHARMA, MEMBER (J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)

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Heard Mr.A.R.Tahbildar, learned Counsel for the applicant and Mrs.Dipanjali Bora, learned CGSC for the respondents. Admit. Issue Notice. Mrs.Dipanjali Bora, learned CGSC, appearing for the respondents accepts notice and seeks time to file counter affidavit. Let Counter affidavit be filed within 08 weeks. List the matter after 08 weeks as and when this Bench assembles next. MA 04 of 2026 Heard learned Counsel for the parties. Keeping in view the averments made in the Misc.Application and finding the same to be bona fide, in the light of the decision in Union of India and Ors. </td> </tr> </tbody> </table>

*Vrs. Tarsem Singh (2008) 8 SCC 6481*, the MA is allowed condoning the delay of 02 years 2 months 3 days in filing the OA. The MA stands disposed of.

Sd/-

Page 7 of 40

Member (A)

Sd/-

(Justice U.C.Sharma) Member (J)

ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI

5. OA-07/2026

With MA-05/2026

Ex Nb Sub Gobinda Bahadur Chhetri ..... Applicant

Versus

Union of India & Ors. .... Respondents

For Applicant : Mr. Anup Ranjan Tahbildar, Advocate For Respondents : Mrs. Dipanjali Bora, CGSC

CORAM

HON'BLE MR. JUSTICE U. C. SHARMA, MEMBER (J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)

ORDER

17.08.2026

MA-05/2026

Keeping in view the averments made in the miscellaneous application and finding the same to be bona fide, in the light of the decision in *Union of India and Others Vs. Tarsem Singh (2008) 8 SCC 6481*, the MA is allowed condoning the delay of 25 years, 01 month and 14 days in filing the OA.

2. The MA stands disposed of.

OA -07/2026

3. By way of filing the present OA, the applicant seeks grant of Second Service Pension for the service rendered by him in the Defence Security Corps (DSC) and for the said purpose seeks condonation of short fall of 91 days in service.

4. The applicant was enrolled in the Indian Army on 15.11.1963 and was discharged from service on 30.11.1984. For the service rendered in the Indian Army, he has been granted service pension. Thereafter, he was re-enrolled in the Defence Security Corps on 11.03.1986 and was discharged from service of the Corps on 30.06.2022. The applicant was not granted the 2nd service pension for the service rendered in the DSC as he was not having 15 years of qualifying service to receive the pension as per Regulation 266 of Army Pension Regulation 1961 (Part-I). Seeking condonation of short fall in grant of service pension, the applicant has filed this OA.

5. The issue as to whether the short fall in service of one year or a period less than one year for grant of 2nd service pension with regard to service rendered in the DSC can be condoned or not, has been subjected to litigation and the Full Bench of this Tribunal had considered the issue in the case of Smt Shama Kaur Vs. Union of India & Ors. (OA No.1238/2016 decided on 01.10.2019) and it was held that if the shortfall of service is less than one year, the same can be condoned in the light of the provisions of the Pension Regulations.

6. Finally, the matter travelled to the Hon'ble Supreme Court in the case of Union of India & Ors. Vs. Balakrishnan Mullikote (Ex Hav 256812 M), decided on 24.03.2026 in Civil Appeal Diary No.27246/2023 and various others SLPs filed by the Union of India before the Hon'ble Supreme Court. The two substantial questions of law that arose for consideration were formulated in Para 4 of the judgment passed by the Hon'ble Supreme Court very recently on 24.03.2026, the same reads as under:- *"4. The two substantial questions of law that arise for consideration in this batch of appeals are:*

Page 8 of 40

*A. Whether the Union of India, through the Ministry of Defence, is bound to give effect to Paragraphs 9 and 18 of the Pension Regulations for the Army, 1961 (hereinafter referred to as 'Pension Regulations, 1961') and Pension Regulations for the Army, 2008 (hereinafter referred to as 'Pension Regulations, 2008') respectively, as well as Note 5 appended to the letter dated 30th October 1987, while determining the length of qualifying service of personnel serving in the Defence Security Corps (hereinafter referred to as 'DSC') and*

*B. Whether such personnel are entitled to seek condonation of deficiency in the qualifying period of service for the purpose of pension eligibility in accordance with Paragraph 125 of the Pension Regulations, 1961 and Paragraph 44 of the Pension Regulations, 2008."*

7. Finally, the appeals filed by the Union of India were dismissed and the Hon'ble Supreme Court held that there is no bar for DSC personnel earning 2nd Service Pension and the shortfall of one year or less than one year can be condoned. A detailed analysis of the principles of law, rules and regulations applicable have been undertaken by the Hon'ble Supreme Court and in view of the above, the claim of the applicant in this OA is liable to be considered in the light of judgment passed by the Hon'ble Supreme Court in the case of *Balakrishnan Mullikote (Ex Hav 256812 M)* (supra). Accordingly, we dispose of this OA with the following directions:-

- (i) Respondents shall examine the claim of the applicant in the backdrop of the law laid down by the Hon'ble Supreme Court in the case of *Balakrishnan Mullikote (Ex Hav 256812 M)* (supra); and

(ii) In case it is found that the applicant's case is covered by the judgment of the Hon'ble Supreme Court in the case of *Balakrishnan Mullikote (Ex Hav 256812 M)* (supra), the shortfall would be condoned and the pensionary benefits as directed by the Hon'ble Supreme Court shall be granted to the applicant.

(iii) However, on such verification, if for any other reason or based on the service profile and details of the applicant, the respondents find that the applicant is not entitled to the said benefit, it shall be incumbent upon them to pass a detailed speaking order and communicate it to the applicant.

(iv) Either way, action as directed hereinabove, be taken within a period of six months from the date of receipt of a copy of this order.

1. 8. With the aforesaid, the OA stands disposed of.

2. 9. No order as to costs.

Sd/- (LT GEN C.P. MOHANTY) MEMBER (A)

Sd/- (JUSTICE U.C. SHARMA) MEMBER (J)

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6. OA- 08/2026 With MA-06/2026 Ex Sep P Ashuphe Rocky ..... Applicant By legal practitioners for Applicant Anup Ranjan Thbildar -Versus- UOI & Ors ..... Respondents By legal practitioner for Respondents Dipanjali Bora, CGSC CORAM : HON'BLE MR. JUSTICE UMESH CHANDRA SHARMA, MEMBER (J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)

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17.08.2026 Heard Mr.A.R.Tahbildar, learned Counsel for the applicant and Mrs.Dipanjali Bora, learned CGSC for the respondents. Admit. Issue Notice. Mrs.Dipanjali Bora, learned CGSC, appearing for the respondents accepts notice and seeks time to file counter affidavit. Let Counter affidavit be filed within 08 weeks. List the matter after 08 weeks as and when this Bench assembles next, MA 06 of 2026 Heard learned Counsel for the parties. Keeping in view the averments made in the Misc.Application and finding the same to be bona fide, in the light of the decision in Union of India </td> </tr> </tbody> </table>

*and Ors. Vrs. Tarsem Singh (2008) 8 SCC 6481*, the MA is allowed condoning the delay of 02 years 5 months 12 days in filing the OA. The MA stands disposed of.

Sd/-

Member (A)

Sd/- (Justice U.C.Sharma ) Member (J)

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7. OA- 09/2026 With MA-07/2026 Ex Nk D Esou Mao ..... Applicant By legal practitioners for Applicant Anup Ranjan Thbildar -Versus- UOI & Ors ..... Respondents By legal practitioner for Respondents Dipanjali Bora, CGSC CORAM : HON`BLE MR. JUSTICE UMESH CHANDRA SHARMA, MEMBER (J) HON`BLE LT GEN C.P. MOHANTY, MEMBER (A)

Page 12 of 40

Heard Mr.A.R.Tahbildar, learned Counsel for the applicant and Mrs.Dipanjali Bora, learned CGSC for the respondents. Admit. Issue Notice. Mrs.Dipanjali Bora, learned CGSC, appearing for the respondents accepts notice and seeks time to file counter affidavit. Let Counter affidavit be filed within 08 weeks. List the matter after 08 weeks as and when this Bench assembles next. MA 07 of 2026 Heard learned Counsel for the parties. Keeping in view the averments made in the Misc.Application and finding the same to be bona fide, in the light of the decision in Union of India </td> </tr> </tbody> </table>

*and Ors. Vrs. Tarsem Singh (2008) 8 SCC 6481*, the MA is allowed condoning the delay 6 months 7 days in filing the OA. The MA stands disposed of.

*Sd/-*

Member (A)

*Sd/-*

(Justice U.C. Sharma) Member (J)

*Gm*

Page 13 of 40

8. OA- 10/2026

Ex Sub (DMT) Raj Manu Sinha ..... **Applicant**

By legal practitioners for Applicant Rupam Jyoti Sarma Manikangkana Goswami

**-Versus-**

UOI & Ors

..... **Respondents**

By legal practitioner for Respondents PJ Barman, CGSC

CORAM :

**HON'BLE MR. JUSTICE UMESH CHANDRA SHARMA, MEMBER (J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)**

ORDER

17.08.2026

Heard Mr.Rupam Jyoti Sharma, learned Counsel for the applicant and Mr.P.J.Barman, learned CGSC for the respondents.

Admit. Issue Notice.

Mr.P.J.Barman, learned CGSC, appearing for the respondents accepts notice and seeks time to file counter affidavit.

Let Counter affidavit be filed within 08 weeks.

List the matter after 08 weeks as and when this Bench assembles next.

*Sd/-*

Page 14 of 40

Member (A)

*Gm*

*Sd/-*

(Justice U.C.Sharma ) Member (J)

<table border="1"><thead><tr><th data-bbox="91 51 231 81">Notes of the Registry</th><th data-bbox="231 51 934 81">Orders of the Tribunal</th></tr></thead><tbody><tr><td></td><td>ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI9. OA(A)- 11/2026 With MA-08/2026Ex Subedar Maisnam Ibomcha Singh ..... Applicant By legal practitioners for Applicant Kh.Arun Kumar Singh-Versus-UOI & Ors ..... Respondents By legal practitioner for Respondents PJ Barman, CGSCCORAM : HON'BLE MR. JUSTICE UMESH CHANDRA SHARMA, MEMBER (J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)ORDER17.08.2026MA 08 of 2026Heard Kh. Arun Kumar Singh, appearing for the applicant and Mr.P.J.Barman, learned CGSC appearing for the respondents.Learned Counsel for the respondents seeks to file objection petition against the condonation filed under section 5 of the limitation Act. Meanwhile, the applicant is advised to prefer a Mercy Petition to the Competent Authority as it is a case of non joining in service which resulted into desertion and the applicant has already served 28 years 3 moths service.Order dasti.OA(A) 11 of 2026Heard learned Counsel for the parties.Admit. Issue Notice.</td></tr></tbody></table>

Mr.P.J.Barman, learned CGSC for the respondents accepts notice and seeks time to file counter affidavit.

Let counter affidavit be filed within 08 weeks.

List the matter after 08 weeks when this bench assembles next.

*Sd/-*

Page 15 of 40

Member (A)

*Gm/Lb*

*Sd/-*

(Justice U.C.Sharma ) Member (J)

<table border="1"><thead><tr><th data-bbox="104 58 248 88">Notes of the Registry</th><th data-bbox="248 58 892 88">Orders of the Tribunal</th></tr></thead><tbody><tr><td></td><td>ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI10. OA- 12/2026 With MA-09/2026Ex Sepoy Sanjit Paul ..... Applicant By legal practitioners for Applicant Mr Subrata Nath Dr. Gaurabjyoti Sharma Ms Krishangee Bhattacharyya-Versus-UOI & Ors ..... Respondents By legal practitioner for Respondents PK Garodia, CGSCCORAM : HON'BLE MR. JUSTICE UMESH CHANDRA SHARMA, MEMBER (J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)ORDER17.08.2026Heard Dr.Gourabjyoti Sharma, appearing for the applicant and Mr.P.K.Garodia, learned CGSC appearing for the respondents.Admit. Issue Notice.Mr.P.K.Garodia, learned CGSC for the respondents accepts notice and seeks time to file counter affidavit.Let counter affidavit be filed within 08 weeks.List the matter after 08 weeks when this bench assembles next.MA 09 of 2026Heard learned Counsel for the parties.Keeping in view the averments made in the Misc.Application and finding the same to be bona fide, in the light of the decision in Union of India</td></tr></tbody></table>

*and Ors. Vrs. Tarsem Singh (2008) 8 SCC 6481*, the MA is allowed condoning the delay 591 days in filing the OA. The MA stands disposed of.

*Sd/-*

Member (A)

*Gm/Lb*

*Sd/-*

(Justice U.C. Sharma) Member (J)

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11. MA(E) - 02/2026 Lt Col T Moaba Amer ..... Applicant By legal practitioners for Applicant Anup Ranjan Tahbildar -Versus- UOI & Ors ..... Respondents By legal practitioner for Respondents PJ Barman, CGSC CORAM : HON'BLE MR. JUSTICE UMESH CHANDRA SHARMA, MEMBER (J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)

Page 17 of 40

Heard Mr.AR Tahbildar, learned counsel for the applicant and Mr.P.J.Barman, learned CGSC for the respondents. No SLP or appeal has been preferred against the order. The order was passed on 03.10.2024 and till now no attempt has been made by the respondents to comply with the order. In such a case, 08 weeks' time is provided to the respondents to comply with the order. Otherwise, respondents will be under obligation to pay Rs.25,000/- to the applicant as cost. List the case after 08 weeks as and when the Court assembles next. Sd/- (Lt Gen C. P. Mohanty) Member (A) Sd/- (Justice U.C.Sharma ) Member (J) Gm/Lb </td> </tr> </tbody> </table>

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12. MA(E) - 03/2026

Ex Hav Clk Shibu Thampuran

.....

**Applicant**

By legal practitioners for Applicant Dhiraj Kumar

**-Versus-**

UOI & Ors

.....

**Respondents**

By legal practitioner for Respondents P.K.Garodia, CGSC

CORAM :

**HON'BLE MR. JUSTICE UMESH CHANDRA SHARMA, MEMBER (J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)**

ORDER

17.08.2026

Heard the applicant and his learned Counsel Mr.Dhiraj Kumar through V.C. and Mr.P.K.Garodia, learned CGSC for the respondents.

Learned Counsel for the respondents has produced a letter dated 14.08.2026 written by Lt.Col Manisha Yadav, Officiating OIC AFT Cell to learned Counsel for the respondents, in which she is seeking modification of para 14 of the Judgment. Learned Counsel for the applicant has not been provided with the copy of this letter.

Learned Counsel for the respondent is directed to file the modification application after giving a copy of the same to the learned Counsel for the applicant within one week. Respondents Counsel is also directed to bring on record objections, if any, through an affidavit before next date of hearing.

Matter be listed as and when the court assembles next.

Sd/-

Member (A)

Sd/- (Justice U.C.Sharma ) Member (J)

Gm/Lb

Page 19 of 40

</tr> </thead> <tbody> <tr> <td></td> <td> ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI 13. MA(E) - 23/2025 in OA-37/2022) Ex NK Robinson Anal ..... Applicant By legal practitioners for Applicant Anup Ranjan Tahbildar -Versus- UOI & Ors ..... Respondents By legal practitioner for Respondents PJ Barman, CGSC CORAM : HON'BLE MR. JUSTICE UMESH CHANDRA SHARMA, MEMBER (J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)

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Heard Mr.A.R.Tahbildar, learned Counsel for the applicant and Mr.P.J.Barman, learned Counsel for the respondents. In view of the stay order of Hon'ble Gauhati High Court in Writ Petition No.WP ©/5179/2024, the matter is adjourned. List the matter as and when the Court assembles next. Sd/- (Lt Gen C. P. Mohanty) Member (A) Sd/- (Justice U.C.Sharma ) Member (J) GM/Lb </td> </tr> </tbody> </table>

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**14. MA(E) - 24/2025 (in OA-16/2021)**

**Smt D Zhiiloni**

..... **Applicant** By legal practitioners for Applicant Anup Ranjan Tahbildar

**-Versus-**

**UOI & Ors**

..... **Respondents** By legal practitioner for Respondents Dipanjali Bora, CGSC

CORAM :

**HON'BLE MR. JUSTICE UMESH CHANDRA SHARMA, MEMBER (J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)**

ORDER

**17.08.2026**

Heard Mr.A.R.Tahbildar, learned Counsel for the applicant and Mrs.Dipanjali Bora, learned CGSC appearing for the respondents.

In view of the stay order of Hon'ble Gauhati High Court in Writ Petition No.WP (c )/415/2026 the matter is adjourned.

List the matter as and when the Court assembles next.

*Sd/-*

Page 22 of 40

Member (A)

*Sd/-* (Justice U.C.Sharma ) Member (J)

GM/Lb

<table border="1"><thead><tr><th data-bbox="80 45 240 85">Notes of the Registry</th><th data-bbox="240 45 915 85">Orders of the Tribunal</th></tr></thead><tbody><tr><td data-bbox="80 85 240 955"></td><td data-bbox="240 85 915 955">ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI15. MA(E) - 19/2025 (in OA-31/2022)Ex Sep Jaynal Abdin ..... Applicant By legal practitioners for Applicant Anup Ranjan Tahbildar-Versus-UOI & Ors ..... Respondents By legal practitioner for Respondents Dipanjali Bora, CGSCCORAM : HON'BLE MR. JUSTICE UMESH CHANDRA SHARMA, MEMBER (J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)ORDER17.08.2026Heard Mr.A.R.Tahbildar, learned Counsel for the applicant and Mrs.Dipanjali Bora, learned CGSC appearing for the respondents.Learned Counsel for the respondents has provided a copy of the PPO dated 19.07.2026.Learned Counsel for the applicant seeks time to verify the same after consulting with his client. In such a case, the V.C. appearance of the ADG PS is dispensed with.PPO to be filed today during the course of the day through registry.List the matter as and when the Bench assembles next.<div style="display: flex; justify-content: space-between; margin-top: 20px;"><div style="text-align: center;">Sd/-(Lt Gen C. P. Mohanty) Member (A)</div><div style="text-align: center;">Sd/-(Justice U.C.Sharma ) Member (J)</div></div>GM</td></tr></tbody></table>

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16. MA(E) - 13/2023 (in OA-13/2021)

Ex Sep Jamkho Gam

..... **Applicant**

By legal practitioners for Applicant Anup Ranjan Tahbildar

-Versus-

UOI & Ors

..... **Respondents**

By legal practitioner for Respondents Dipanjali Bora, CGSC

CORAM :

**HON'BLE MR. JUSTICE UMESH CHANDRA SHARMA, MEMBER (J)** **HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)**

ORDER

**17.08.2026**

Heard Mr.A.R.Tahbildar, learned Counsel for the applicant and Mrs.Dipanjali Bora, learned CGSC appearing for the respondents.

In view of the stay order of Hon'ble Gauhati High Court in Writ Petition No.WP (c )/839/2024 the matter is adjourned.

List the matter as and when the Court assembles next.

*Sd/-*

Member (A)

*Sd/-* (Justice U.C.Sharma ) Member (J)

Gm/Lb

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17. MA(E) - 08/2023 (in OA-27/2020) Ex Nk Dharani Gohain ..... Applicant By legal practitioners for Applicant Anup Ranjan Tahbildar -Versus- UOI & Ors ..... Respondents By legal practitioner for Respondents PK Garodia, CGSC CORAM : HON'BLE MR. JUSTICE UMESH CHANDRA SHARMA, MEMBER (J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)

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Heard Mr. A.R.Tahbildar, learned Counsel for the applicant and Mr.P.K.Garodia, learned CGSC appearing for the respondents. Perused order dated 27.05.2026 passed by Hon'ble Gauhati High Court in Case No.WP (C) 835/2025, UOI & Ors. Vs. NO.14513258 Ex-NK Dharani Gohain, the applicant. The Hon'ble Gauhati High Court has upheld the order passed by this Tribunal and has dismissed the Writ Petition. However, since then no action has been taken by the respondents to comply the order of this Tribunal. In the interest of justice, 08 weeks' time is provided to the respondents to comply the order, otherwise the respondents shall be under obligation to pay Rs.25,000/- as cost to the applicant. List the matter as and when the Court assembles next. Sd/- (Lt Gen C. P. Mohanty) Member (A) Sd/- (Justice U.C.Sharma ) Member (J) Gm </td> </tr> </tbody> </table>

<table border="1"><thead><tr><th data-bbox="95 48 243 78">Notes of the Registry</th><th data-bbox="243 48 895 78">Orders of the Tribunal</th></tr></thead><tbody><tr><td data-bbox="95 78 243 924"></td><td data-bbox="243 78 895 924">ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI18. MA(E) - 37/2024 (in OA-17/2020)Ex Sub Henkholal Haokip ..... Applicant By legal practitioners for Applicant Anup Ranjan Tahbildar-Versus-UOI & Ors ..... Respondents By legal practitioner for Respondents Pranjal Sharma, CGSCCORAM : HON'BLE MR. JUSTICE UMESH CHANDRA SHARMA, MEMBER (J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)ORDER17.08.2026Heard Mr.A.R.Tahbildar, learned Counsel for the applicant and Mr.Pranjal Sharma, learned CGSC appearing for the respondents.In view of the stay order of Hon'ble Gauhati High Court in Writ Petition No.WP ©/1997/2025 the matter is adjourned.List the matter as and when the Court assembles next.Sd/- (Lt Gen C. P. Mohanty) Member (A)Sd/- (Justice U.C.Sharma ) Member (J)Gm/Lb</td></tr></tbody></table>

<table border="1"><thead><tr><th data-bbox="105 56 248 84">Notes of the Registry</th><th data-bbox="252 56 877 84">Orders of the Tribunal</th></tr></thead><tbody><tr><td></td><td>ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI19. MA(E) - 38/2024 (in OA-17/2021)Ex Hony Nb Sub WNG Eliza Anal..... Applicant By legal practitioners for Applicant Anup Ranjan Tahbildar-Versus-UOI & Ors..... Respondents By legal practitioner for Respondents PK Garodia, CGSCCORAM : HON'BLE MR. JUSTICE UMESH CHANDRA SHARMA, MEMBER (J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)ORDER17.08.2026Heard Mr.A.R.Tahbildar, learned Counsel for the applicant and Mr.P.K.Garodia, learned CGSC appearing for the respondents.In view of the stay order of Hon'ble Gauhati High Court in Writ Petition No.WP ©/1973/2024 the matter is adjourned.List the matter as and when the Court assembles next.Sd/- (Lt Gen C. P. Mohanty) Member (A)Sd/- (Justice U.C.Sharma ) Member (J)Gm/Lb</td></tr></tbody></table>

Page 26 of 40

20. MA(E) - 10/2025 With MA-01/2026

Ex Hony Nb Sub Lhunkhugin ..... **Applicant** By legal practitioners for Applicant Anup Ranjan Tahbildar

-Versus-

UOI & Ors ..... **Respondents** By legal practitioner for Respondents PK Garodia, CGSC

CORAM :

**HON'BLE MR. JUSTICE UMESH CHANDRA SHARMA, MEMBER (J)** **HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)**

ORDER

17.08.2026

MA-01/2026

Heard Mr.P.K.Garodia, learned CGSC for the applicants and Mr.A.R.Tahbildar, learned counsel for the respondent.

This Misc.-Application has been filed by the applicant to adjourn the case till disposal of the case of *Ex Hav-CLk Asa Ram Jat Vs. Union of India in OA* *2679/2021*. Since the case of Asa Ram Jat (Supra) has been decided, hence this petition has become infructuous and accordingly disposed of.

MA(E) - 10/2025

Heard learned Counsel for both the parties.

Perused the record.

This is a case of short fall in service with regard to grant of MACP which had been allowed by this Tribunal on 5.4.2023 when the Judgment in Asa Ram Jat Vs. Union of India & Others had not been pronounced by the Hon'ble Larger Bench of AFT, PB, New Delhi on 23.12.2025. Certainly, at the time of Judgment since the judgment of Asa Ram Jat (Supra) was not in existence, this Tribunal was at liberty to decide the case as per its own wisdom and certainly the judgment in Asa Ram Jat (Supra) will not applicable as *per incuriam*.

The only remedy remains for the respondents either to move a Review Petition or to file Writ Petition/SLP. For this, in the interest of justice, a last opportunity is provided to the respondents to do the needful List the matter as and when this Bench assembles next.

Sd/-

Member (A)

Gm/Lb

Sd/-

(Justice U.C.Sharma ) Member (J)

Page 27 of 40

21. MA(E) - 44/2024 (in OA-05/2021)

Ex NK LH Kolni Anal

.....

**Applicant**

By legal practitioners for Applicant Anup Ranjan Tahbildar

**-Versus-**

UOI & Ors

.....

**Respondents**

By legal practitioner for Respondents PK Garodia, CGSC

CORAM :

**HON'BLE MR. JUSTICE UMESH CHANDRA SHARMA, MEMBER (J)** **HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)**

ORDER

**17.08.2026**

Heard Mr.A.R.Tahbildar, learned Counsel for the applicant and Mr.P.K.Garodia, learned CGSC appearing for the respondents.

In view of the stay order of Hon'ble Gauhati High Court in Writ Petition No.WP (c ) 1766/2025, the matter is adjourned.

List the matter as and when the Court assembles next.

*Sd/-*

Member (A)

Gm/Lb

*Sd/-*

(Justice U.C.Sharma ) Member (J)

</tr> </thead> <tbody> <tr>

Page 28 of 40

22. MA(E) - 36/2024 (in OA-08/2023) <table style="width: 100%; border: none;"> <tr> <td style="width: 50%; vertical-align: top;"> Smt Zangring -Versus- UOI & Ors </td> <td style="width: 50%; vertical-align: top;"> ..... Applicant By legal practitioners for Applicant Anup Ranjan Tahbildar ..... Respondents By legal practitioner for Respondents Dipanjali Bora, CGSC </td> </tr> </table> CORAM : HON'BLE MR. JUSTICE UMESH CHANDRA SHARMA, MEMBER (J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)

Page 29 of 40

Heard Mr.A.R.Tahbildar, learned Counsel for the applicant and Mrs. Dipanjali Bora, learned CGSC appearing for the respondents. Since this case is based on the Judgment of Hon'ble Apex Court in BALAKRISHNAN MULLIKOTE 2026 SCC online SC 464, the respondents had not pressed the Writ Petition NO.2258/2024 on 24.04.2026 before Hon'ble High Court and same was dismissed as not pressed. The respondents have no other option but to comply with the order of this Tribunal, which is based on the Judgment of Apex Court in Balakrishnan Mullikote (Supra). In view of above, one last opportunity is provided to the respondents to comply with the order. In case it is not complied, the respondents will pay Rs.25,000/- as cost by the next date. List the matter after 08 weeks as and when this Bench assembles next. <table style="width: 100%; border: none; margin-top: 20px;"> <tr> <td style="width: 50%; vertical-align: bottom;"> Sd/- (Lt Gen C. P. Mohanty) Member (A) </td> <td style="width: 50%; vertical-align: bottom;"> Sd/- (Justice U.C.Sharma ) Member (J) </td> </tr> </table> Gm </td> </tr> </tbody> </table>

</tr> </thead> <tbody> <tr>

Page 30 of 40

23. MA(E) - 41/2023 ( in OA-38/2022 ) Col Lallan Kr G Singh (Retd) ..... Applicant By legal practitioners for Applicant Anup Ranjan Tahbildar -Versus- UOI & Ors ..... Respondents By legal practitioner for Respondents PK Garodia, CGSC CORAM : HON'BLE MR. JUSTICE UMESH CHANDRA SHARMA, MEMBER (J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)

Page 31 of 40

17.08.2026 Heard Mr.A.R.Tahbildar, learned Counsel for the applicant and Mr.P.K.Garodia, learned CGSC appearing for the respondents. In view of the stay order of Hon'ble Gauhati High Court in Writ Petition No.WP ©/2836/2024, the matter is adjourned. List the matter as and when the Court assembles next. Sd/- (Lt Gen C. P. Mohanty) Member (A) Sd/- (Justice U.C.Sharma ) Member (J) Gm/Lb </td> </tr> </tbody> </table>

Page 32 of 40

24. MA(E) - 42/2023

(in OA-19/2021)

With MA-28/2024

**Ex Dfr Suresh Ch Borah**

.....

**Applicant**

By legal practitioners for Applicant Anup Ranjan Tahbildar

**-Versus-**

**UOI & Ors**

.....

**Respondents**

By legal practitioner for Respondents PJ Barman, CGSC

CORAM :

**HON'BLE MR. JUSTICE UMESH CHANDRA SHARMA, MEMBER (J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)**

ORDER

**17.08.2026**

Heard Mr.A.R.Tahbildar, learned Counsel for the applicant and Mr.P.J.Barman, learned Counsel for the respondents.

Learned Counsel for the respondents has produced a copy of order sheet dated 13.05.2026 of the Hon'ble Gauhati High Court which shows that Hon'ble Gauhati High Court has also listed the matter today (17.08.2026) as similar matter was pending disposal with the Hon'ble Apex Court in Special Leave to Appeal (C) NO.3680/2025.

In view of the above facts, the case is adjourned.

List the matter as and when the court assembles next.

*Sd/-*

Member (A)

*Sd/-* (Justice U.C.Sharma ) Member (J)

**Gm**

</tr> </thead> <tbody> <tr>

Page 33 of 40

25. MA(E) - 01/2025 (in OA-04/2021) Ex Nk Ginjahang ..... Applicant By legal practitioners for Applicant Anup Ranjan Tahbildar -Versus- UOI & Ors ..... Respondents By legal practitioner for Respondents Dipanjali Bora, CGSC CORAM : HON'BLE MR. JUSTICE UMESH CHANDRA SHARMA, MEMBER (J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)

Page 34 of 40

Heard Mr.A.R.Tahbildar, learned Counsel for the applicant and Mrs.Dipanjali Bora, learned CGSC appearing for the respondents. In view of the stay order of Hon'ble Gauhati High Court in Writ Petition No.WP (c )/5476/2025, the matter is adjourned. List the matter as and when the Court assembles next. Sd/- (Lt Gen C. P. Mohanty) Member (A) Sd/- (Justice U.C.Sharma ) Member (J) Gm/Lb </td> </tr> </tbody> </table>

Page 35 of 40

26. MA(E) - 02/2025 (in OA-27/2021)

Ex NK Hav Khaineimang

..... **Applicant**

By legal practitioners for Applicant Anup Ranjan Tahbildar

-Versus-

UOI & Ors

..... **Respondents**

By legal practitioner for Respondents Pranjal Sharma, CGSC

CORAM :

**HON'BLE MR. JUSTICE UMESH CHANDRA SHARMA, MEMBER (J)** **HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)**

ORDER

**17.08.2026**

Heard Mr.A.R.Tahbildar, learned Counsel for the applicant and Mr.Pranjal Sharma, learned CGSC appearing for the respondents.

List the matter as and when the Court assembles next.

*Sd/-*

Page 36 of 40

Member (A)

*Sd/-* (Justice U.C.Sharma ) Member (J)

Gm/Lb

<table border="1"><thead><tr><th data-bbox="88 55 239 87">Notes of the Registry</th><th data-bbox="240 55 901 87">Orders of the Tribunal</th></tr></thead><tbody><tr><td></td><td>ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI27. MA(E) - 39/2024 (in OA-18/2020)Ex Nk Henhkosei Kuki ..... Applicant By legal practitioners for Applicant Anup Ranjan Tahbildar-Versus-UOI & Ors ..... Respondents By legal practitioner for Respondents Pranjal Sharma, CGSCCORAM : HON'BLE MR. JUSTICE UMESH CHANDRA SHARMA, MEMBER (J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)ORDER17.08.2026Heard Mr.A.R.Tahbildar, learned Counsel for the applicant and Mr.Pranjal Sharma, learned CGSC, appearing for the respondents.In view of the stay order of Hon'ble Gauhati High Court in Writ Petition No.WP ©/404/2026, the matter is adjourned.List the matter as and when the Court assembles next.Sd/- (Lt Gen C. P. Mohanty) Member (A)Sd/- (Justice U.C.Sharma ) Member (J)Gm/Lb</td></tr></tbody></table>

Page 37 of 40

28. MA(E) - 42/2024 (in OA-07/2021)

Ex Hony Nb Sub Khamkho Kam ...

**Applicant**

By legal practitioners for Applicant Anup Ranjan Tahbildar

-Versus-

UOI & Ors

..... **Respondents**

By legal practitioner for Respondents Dipanjali Bora, CGSC

CORAM :

**HON'BLE MR. JUSTICE UMESH CHANDRA SHARMA, MEMBER (J)** **HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)**

ORDER

17.08.2026

Heard Mr.A.R.Tahbildar, learned Counsel for the applicant and Mrs.Dipanjali Bora, learned CGSC appearing for the respondents.

List the matter as and when the Court assembles next.

*Sd/-*

Member (A)

*Sd/-* (Justice U.C.Sharma ) Member (J)

*Gm/Lb*

Page 38 of 40

</tr> </thead> <tbody> <tr> <td></td> <td> ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI 29. MA(E) - 40/2024 (in OA-28/2021) Ex Sub WS Wangam Anal ..... Applicant By legal practitioners for Applicant Anup Ranjan Tahbildar -Versus- UOI & Ors ..... Respondents By legal practitioner for Respondents P. Sharma, CGSC CORAM : HON'BLE MR. JUSTICE UMESH CHANDRA SHARMA, MEMBER (J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)

Page 39 of 40

Heard Mr.A.R.Tahbildar, learned Counsel for the applicant and Mr.P.Sharma, learned CGSC appearing for the respondents. Learned Counsel for the respondents has produced a copy of order sheet dated 13.05.2026 of the Hon'ble Gauhati High Court which shows that Hon'ble Gauhati High Court has also listed the matter today (17.08.2026) as similar matter was pending disposal with the Hon'ble Apex Court. In view of the above facts, the case is adjourned. List the matter as and when the court assembles next. Sd/- (Lt Gen C. P. Mohanty) Member (A) Sd/- (Justice U.C.Sharma ) Member (J) Gm </td> </tr> </tbody> </table>

Page 40 of 40

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