Armed Forces Tribunal

Judgment & Order dated 20 Mar 2026 on 20 March 2026

**ARMED FORCES TRIBUNAL,

REGIONAL BENCH, GUWAHATI**

OA-02/2026

**Md. Awash Khan**

..... **Applicant**

By legal practitioners for Applicant

N Jotendra Singh (Sr Adv)

Purabi Hazarika

**-Versus-**

**UOI**

..... **Respondents**

By legal practitioner for Respondents

.....CGSC

**CORAM:**

**HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER(J)

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

ORDER

20.03.2026

1. 1. On the case being taken up for hearing, Ms Purabi Hazarika, learned counsel for the applicant is present while nobody is present on behalf of the respondents.

2. 2. This matter pertains to dismissal of the applicant from Naval service (No.3) U/s 45 (A) & 47 (C) of the Indian Navy Act, 1957.

3. 3. The applicant preferred a representation on 25.08.2025 against the order of dismissal order dated 20.05.2025, which is pending before the respondent authorities.

4. 4. Learned counsel for the applicant submits that the limited prayer of the applicant is to dispose of the said representation dated 25.08.2025 by the respondent authorities within a stipulated period.

1. 5. Accordingly, this application is disposed of with direction to the respondents to dispose of the representation (annexure-3) filed by the applicant within three months from the date of receipt of this order.

2. 6. OA stands disposed of.

Sd/-

Member (A)

Sd/-

(Justice S.K. Gupta) Member (J)

rathore/kk

2. MA(E)-42/23 (in OA-19/21) With MA-28/2024

Ex-Dfr Suresh Ch Borah

..... Applicant By legal practitioners for Applicant AR Tahbildar

-Versus-

UOI

Page 1 of 27

PJ Barman

CORAM:

HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER(J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)

ORDER

20.03.2026

1. 1. On the case being taken up for hearing, Shri AR Tahbildar learned counsel for the applicant and Shri PJ Barman learned counsel for the respondents are present.

2. 2. This execution application has been filed for implementation of the order of this Tribunal dated 31.05.2022 passed in OA No. 19/2021.

3. 3. Ld counsel for the respondents submits that the similar matters are pending before the Hon'ble Gauhati High Court.

4. 4. Since the matter is subjudice before the Hon'ble Gauhati High Court, list the matter after six weeks when the Bench reassembles next.

Sd/-

(Lt Gen C. P. Mohanty) Member (A)

rathore/14k

Sd/-

(Justice S.K.Gupta) Member (J)

<table border="1"> <thead> <tr> <th data-bbox="112 96 238 146">Notes of the Registry</th> <th data-bbox="238 96 889 146">Orders of the Tribunal</th> </tr> </thead> <tbody> <tr> <td data-bbox="112 146 238 965"></td> <td data-bbox="238 146 889 965"> ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI 3. MA(E)-01/2025 (in OA-04/2021) Ex NK Ginjahang ..... Applicant By legal practitioners for Applicant AR Tahbildar -Versus- UOI ..... Respondents By legal practitioner for Respondents Dipanjali Bora CORAM: HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER(J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A) ORDER 20.03.2026 <ol> <li>1. On the case being taken up for hearing, Shri AR Tahbildar learned counsel for the applicant and Shri Dipanjali Bora, learned counsel for the respondents are present.</li> <li>2. This execution application has been filed for implementation of the order of this Tribunal dated 15.05.2023 passed in OA-04/2021.</li> <li>3. Ld counsel for the respondents submits that the similar matters are pending before the Hon'ble Gauhati High Court.</li> <li>4. Since the matter is subjudice before the Hon'ble Gauhati High Court, list the matter after six weeks when the Bench reassembles next.</li> </ol> <div style="display: flex; justify-content: space-between; margin-top: 20px;"> <div style="text-align: center;"> (Lt Gen C. P. Mohanty) Member (A) </div> <div style="text-align: center;"> (Justice S.K.Gupta) Member (J) </div> </div> rathore/kk </td> </tr> </tbody> </table>

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

Ex Hav Khaineimang

..... Applicant By legal practitioners for Applicant AR Tahbildar

-Versus-

UOI

Page 2 of 27

P Sharma

CORAM:

HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER(J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)

ORDER

20.03.2026

1. 1. On the case being taken up for hearing, Shri AR Tahbildar, learned counsel for the applicant and Shri B Basumatary holding the brief of Shri P Sarma, learned counsel for the respondents are present.

2. 2. This execution application has been filed for implementation of the order of this Tribunal dated 06.04.2023 passed in OA No. 27/2021.

3. 3. Ld counsel for the respondents submits that the similar matters are pending before the Hon'ble Gauhati High Court.

4. 4. Since the matter is subjudice before the Hon'ble Gauhati High Court, list the matter after six weeks when the Bench reassembles next.

Sd/-

(Lt Gen C. P. Mohanty) Member (A)

rathore/kk

Sd/-

(Justice S.K.Gupta) Member (J)

<table border="1"> <thead> <tr> <th data-bbox="78 52 212 106">Notes of the Registry</th> <th data-bbox="212 52 923 106">Orders of the Tribunal</th> </tr> </thead> <tbody> <tr> <td data-bbox="78 106 212 972"></td> <td data-bbox="212 106 923 972"> ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI 5. MA(E)-39/2024 (in OA-18/2020) Ex NK Henhkosei Kuki ..... Applicant By legal practitioners for Applicant AR Tahbildar -Versus- UOI ..... Respondents By legal practitioner for Respondents P Sharma CORAM: HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER(J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A) ORDER 20.03.2026 <ol> <li>1. On the case being taken up for hearing, Shri AR Tahbildar learned counsel for the applicant and Shri B Basumatary holding the brief of Shri P Sarma, learned counsel for the respondents are present.</li> <li>2. This execution application has been filed for implementation of the order of this Tribunal dated 03.04.2023 passed in OA No. 18/2020.</li> <li>3. Ld counsel for the respondents submits that the Hon'ble Gauhati High Court has stayed operation of the order passed by this Tribunal vide order dated 30.01.2026 passed in Writ petition No. 404/2026.</li> <li>4. Since the matter is subjudice before the Hon'ble Gauhati High Court, list the matter when the Bench reassembles next.</li> </ol> <div style="display: flex; justify-content: space-between; margin-top: 20px;"> <div style="text-align: center;"> (Lt Gen C. P. Mohanty) Member (A) rathore/kk </div> <div style="text-align: center;"> (Justice S.K. Gupta) Member (J) </div> </div> </td> </tr> </tbody> </table>

Page 3 of 27

<table border="1"> <thead> <tr> <th data-bbox="80 38 200 95">Notes of the Registry</th> <th data-bbox="200 38 915 95">Orders of the Tribunal</th> </tr> </thead> <tbody> <tr> <td data-bbox="80 95 200 955"></td> <td data-bbox="200 95 915 955"> ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI 6. MA(E)-42/2024 (in OA-07/2021) Ex Hony Nb Sub Khamkho Kam ..... Applicant By legal practitioners for Applicant AR Tahbildar -Versus- UOI .....Respondents By legal practitioner for Respondents Dipanjali Bora CORAM: HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER(J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A) ORDER 20.03.2026 <ol> <li>1. On the case being taken up for hearing, Shri AR Tahbildar learned counsel for the applicant and Shri B Basumaty holding the brief of Shri P Sarma, learned counsel for the respondents are present.</li> <li>2. Ld counsel for the respondents submits that the operation of the order has been stayed by the Hon'ble Gauhati High Court vide order dated 03.04.2024 in Writ petition No. 860/2024.</li> <li>3. Since the matter is subjudice before the Hon'ble Gauhati High Court, list the matter after 08 weeks when the Bench reassembles next.</li> </ol> <div style="display: flex; justify-content: space-around; margin-top: 20px;"> <div data-bbox="220 770 420 890"> (Lt Gen C.P. Mohanty) Member (A) </div> <div data-bbox="610 770 810 890"> (Justice S.K. Gupta) Member (J) </div> </div> rathora/kk </td> </tr> </tbody> </table>

Page 4 of 27

<table border="1"> <thead> <tr> <th data-bbox="81 31 199 87">Notes of the Registry</th> <th data-bbox="201 31 914 87">Orders of the Tribunal</th> </tr> </thead> <tbody> <tr> <td data-bbox="81 89 199 985"></td> <td data-bbox="201 89 914 985"> ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI 7. MA(E)-40/2024 (in OA-28/2021) Ex Sub WS Wangam Anal ..... Applicant By legal practitioners for Applicant AR Tahbilda -Versus- UOI .....Respondents By legal practitioner for Respondents P Sharma CORAM: HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER(J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A) ORDER 20.03.2026 <ol> <li>1. On the case being taken up for hearing, Shri AR Tahbilda learned counsel for the applicant and Shri B Basumatary holding the brief of Shri P Sarma, learned counsel for the respondents are present.</li> <li>2. This execution application has been filed for implementation of the order of this Tribunal dated 12.10.2024 passed in OA No. 28/2021.</li> <li>3. Ld counsel for the respondents submits that the matter is pending before the Hon'ble Gauhati High Court.</li> <li>4. Since the matter is subjudice before the Hon'ble Gauhati High Court, list the matter when the Bench reassembles next.</li> </ol> <div style="display: flex; justify-content: space-around; margin-top: 40px;"> <div style="text-align: center;"> (Lt Gen C. P. Mohanty) Member (A) rathore/kk </div> <div style="text-align: center;"> (Justice S.K. Gupta) Member (J) </div> </div> </td> </tr> </tbody> </table>

<table border="1"><thead><tr><th data-bbox="81 14 200 75">Notes of the Registry</th><th data-bbox="200 14 921 75">Orders of the Tribunal</th></tr></thead><tbody><tr><td data-bbox="81 75 200 989"></td><td data-bbox="200 75 921 989">ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI8. OA-35/2024Smti. Maramla Ao ..... Applicant By legal practitioners for Applicant Supongwati Walling R Atsula Kips-Versus-UOI &Ors .....Respondents By legal practitioner for Respondents PJ BarmanCORAM: HON'BLE MR. JUSTICE S.K. GUPTA , MEMBER(J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)ORDER20.03.2026<ol><li>1. On the case being taken up for hearing, Ms Atsula Kips, learned counsel for the applicant and Shri PJ Barman, learned counsel for the respondents are present.</li><li>2. Counter affidavit filed on 24.03.2024 is on record.</li><li>3. Ld counsel for the applicant submits that the rejoinder is ready and same will be filed during the course of the day.</li><li>4. Pleadings are complete.</li><li>5. Fixed for final hearing when the Bench reassembles next.</li></ol><div style="display: flex; justify-content: space-between; margin-top: 20px;"><div style="text-align: center;"> (Lt Gen C. P. Mohanty) Member (A)</div><div style="text-align: center;"> (Justice S.K.Gupta) Member (J)</div></div>rathore/kk</td></tr></tbody></table>

9. OA-37/2024 with MA-33/2024

Smti. Imlinikenla

..... Applicant By legal practitioners for Applicant Supongwati Walling R Atsula Kips

-Versus-

UOI & Others

Page 5 of 27

Dipanjali Bora

CORAM:

HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER(J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)

ORDER

20.03.2026

1. On the case being taken up for hearing, Ms Atsula Kips, learned counsel for the applicant and Mrs Dipanjali Bora, learned counsel for the respondents are present.

MA-33/2024

2 This application has been filed on behalf of the applicant for condonation of delay in filing OA. This application is supported with affidavit. There is delay of 403 days in filing OA.

3 Ld counsel for the applicant submits that delay in filing OA is not deliberate, but on account of reasons stated in affidavit filed in support of delay condonation application. Ld counsel for the applicant further submits that this OA pertains to grant of family pension, bar of limitation is not applicable.

4 Per contra, learned counsel for the respondents submits that the delay has not been properly explained.

5 Heard learned counsel for the parties and perused the records.

6 Considering the facts and circumstances of the case and also the matter being related to grant of family pension, delay in filing OA is hereby condoned. Delay condonation application i.e. MA aforesaid is disposed of.

**OA-37/2024**

1. 7 This OA has been filed for grant of family pension to the applicant.

2. 8 Matter being related to grant of family pension needs adjudication.

3. 9 Admit.

4. 10 Counter affidavit filed by the respondent is available on record.

5. 11 Learned counsel for the applicant submits that rejoinder affidavit is ready and will be filed during the course of the day.

6. 12 List for final hearing when the Bench reassembles next.

Sd/- (Lt Gen C. P. Mohanty) Member (A)

Sd/- (Justice S.K.Gupta) Member (J)

rathore/kk

OA-29/2023 with MA-44/2023 & MA-14/2025

**Khupkhomang Singslt**

..... Applicant By legal practitioners for Applicant Serto T Kom Mathuk Thumra Paulianmung

**-Versus-**

**UOI**

Page 6 of 27

P J Barman

CORAM:

**HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER(J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)**

ORDER

20.03.2026

1. 1. On the case being taken up for hearing, nobody appears on behalf of the applicant. However, Shri PJ Barman, learned counsel for the applicant is present.

2. 2. Registry is hereby directed to inform applicant either personally or through virtual mode on next date of listing.

3. 3. In the interest of justice, last opportunity is provided to the applicant to be present before this Tribunal.

4. 4. List this matter when the Bench reassembles next.

Sd/-

**Member (A)**

rathore/kk

Sd/-

(Justice S.K. Gupta) **Member (J)**

11. OA-26/2024

Ex-Hav Paokholal

..... Applicant By legal practitioners for Applicant AR Tahbilda

-Versus-

UOI

Page 7 of 27

Pranjal Sharma

CORAM:

HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER(J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)

ORDER

20.03.2026

1. 1. On the case being taken up for hearing, Shri AR Tahbilda learned counsel for the applicant and Shri B Basumaty holding the brief of Shri P Sarma, learned counsel for the respondents are present.

2. 2. Counter affidavit has been filed.

3. 3. Learned counsel for the applicant submits that he wants to file rejoinder. He may do so before the next date of hearing.

4. 4. List the matter when the Bench reassembles next.

*Sd/-*

(Lt Gen C. P. Mohanty) Member (A)

rathore/kk

*Sd/-*

(Justice S.K.Gupta) Member (J)

**ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI**

OA-14/2025

**Ex Sep Ganeswar Das**

..... Applicant By legal practitioners for Applicant Rupam Jyoti Sarma Manikankana Goswami

**-Versus-**

**UOI & Others**

Page 8 of 27

PJ Barman

CORAM:

**HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER(J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)**

ORDER

20.03.2026

1. 1. On the case being taken up for hearing, Shri Rupam Jyoti Sarma, learned counsel for the applicant and Shri PJ Barman, learned counsel for the respondents are present.

2. 2. In this case, counter affidavit has already been filed on behalf of the respondents.

3. 3. Learned counsel for the applicant wants to file rejoinder affidavit.

4. 4. This matter is pertaining to grant of disability element of pension to DSC personnel.

5. 5. It is informed by learned counsel for the respondents that similar matter is pending before Armed Forces Tribunal, Principal Bench, New Delhi in O.A. No. 1611/2019 (Sep/DSC Ramji Yadava vs UOI & Ors).

6. 6. List this case after decision of the aforesaid matter when the next bench is available.

*Sd/-*

(Lt Gen C. P. Mohanty) Member (A)

*Sd/-*

(Justice S.K. Gupta ) Member (J)

**ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI**

Page 9 of 27

OA-15/2025 with MA-20/2025

**Ex Naik D Adani**

..... **Applicant** By legal practitioners for Applicant AR Tahbildar

**-Versus-**

**UOI & Others**

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

CORAM:

**HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER(J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)**

ORDER

20.03.2026

1. On the case being taken up for hearing, Shri AR Tahbildar, learned counsel for the applicant and Mrs Dipanjali Bora, learned counsel for the respondents are present.

2. On perusal of record, it transpires that delay condonation application has not been decided.

**MA-20/2025**

2 This application has been filed on behalf of the applicant for condonation of delay in filing OA. This application is supported with affidavit. There is delay of 17 years 04 months and 07 days in filing OA.

3 Learned counsel for the applicant submits that applicant is a poor person and resident of Manipur which is situated in remote location, he could not file the present OA before this Tribunal in time. Ld counsel for the applicant further submits that delay in filing OA is not deliberate, but on account of reasons stated in affidavit filed in support of delay condonation application. Ld counsel for the applicant further submits that this OA pertains to grant of disability element of pension, bar of limitation is not applicable.

4 Per contra, learned counsel for the respondents submits that the delay has not been properly explained.

1. 5 Heard learned counsel for the parties and perused the records.

2. 6 Considering the facts and circumstances of the case and also the matter being related to grant of disability element of pension, delay in filing OA is hereby condoned. Delay condonation application i.e. MA aforesaid is disposed of.

**OA-15/2025**

1. 7 This OA has been filed for grant of disability element of pension to the applicant.

2. 8 Matter being related to grant of disability element of pension needs adjudication.

3. 9 Admit.

4. 10 Respondents are directed to file counter affidavit within six weeks to which rejoinder affidavit, if any, may be filed on behalf of the applicant within two weeks thereafter.

5. 11 Respondents are directed to produce original copy of RMB proceeding on next date of listing.

6. 12 List for final hearing when the Bench reassembles next.

Sd/- (Lt Gen C. P. Mohanty) Member (A)

Sd/- (Justice S.K.Gupta ) Member (J)

rathore/kk

Page 10 of 27

<table border="1"> <thead> <tr> <th data-bbox="75 45 198 100">Notes of the Registry</th> <th data-bbox="198 45 945 100">Orders of the Tribunal</th> </tr> </thead> <tbody> <tr> <td data-bbox="75 100 198 992"></td> <td data-bbox="198 100 945 992"> ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI OA-43/2018 14 Smti. Zaitanmawii ..... Applicant By legal practitioners for Applicant Parswajyoti Das Nair Syed Rizwan Ahmed Nasar Siwangi Goyal -Versus- UOI & Others ..... Respondents By legal practitioner for Respondents PJ Barman CORAM: HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER(J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A) ORDER 20.03.2026 <ol style="list-style-type: none;"> <li>1. On the case being taken up for hearing, none is present for the applicant. Shri PJ Barman, learned counsel for the respondents is present.</li> <li>2. Additional affidavit filed on behalf of the applicant is taken on record.</li> <li>3. Learned counsel for the applicant may appear before this Tribunal through virtual mode on next date of hearing, if he is having difficulty to appear in person.</li> <li>4. If learned counsel for the applicant fails to appear before this Tribunal either personally or through virtual mode on next date of listing, this case shall be dismissed due to non-prosecution.</li> <li>5. In the interest of justice, one more opportunity is granted to the applicant to appear on next date of listing.</li> <li>6. Meanwhile, Registry shall ensure appearance of the counsel through virtual mode.</li> <li>7. List the matter when the Bench reassembles next.</li> </ol> <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 S.K. Gupta ) Member (J) </div> </div> rathore/kk </td> </tr> </tbody> </table>

Page 11 of 27

<table border="1"> <thead> <tr> <th data-bbox="61 35 181 91">Notes of the Registry</th> <th data-bbox="181 21 918 91">Orders of the Tribunal</th> </tr> </thead> <tbody> <tr> <td></td> <td style="text-align: center;"> ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI </td> </tr> <tr> <td></td> <td style="text-align: center;"> 15 OA-11/2020 </td> </tr> <tr> <td></td> <td> Hav/Opr Rishi Kesh Kumar .....Applicant By legal practitioners for Applicant Vipin Kumar Sachitra Bora P Borah </td> </tr> <tr> <td></td> <td style="text-align: center;"> -Versus- </td> </tr> <tr> <td></td> <td> UOI .....Respondents By legal practitioner for Respondents PJ Barman </td> </tr> <tr> <td></td> <td> CORAM: HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER(J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A) </td> </tr> <tr> <td></td> <td style="text-align: center;"> ORDER </td> </tr> <tr> <td></td> <td> 20.03.2026 </td> </tr> <tr> <td></td> <td> 1 On the case being taken up for hearing, none is present for the applicant, however, Shri PJ Barman, learned counsel for the respondents is present. 2 In the interest of justice, the case is passed over for the day. 3 List when the Bench reassembles next. </td> </tr> <tr> <td></td> <td style="text-align: center;"> <div style="display: flex; justify-content: space-around;"> <div style="text-align: center;"> Sd/- (Lt Gen C.P. Mohanty) Member (A) </div> <div style="text-align: center;"> Sd/- (Justice S.K. Gupta) Member (J) </div> </div> </td> </tr> <tr> <td></td> <td style="text-align: left;"> Rathore/kk </td> </tr> </tbody> </table>

16. OA(A)-35/2017

Wing Cdr JJ Jacob

... Applicant By legal practitioners for Applicant Raghavendra Jha Manisha Jha Tapan Deori B Talukdar

-Versus-

UOI

Page 12 of 27

P Sharma

CORAM:

HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER(J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)

ORDER

20.03.2026

1. 1. On the case being taken up for hearing, Shri Tapan Deori, learned counsel for the applicant and Shri B Basumatary holding the brief of Shri P Sharma, learned counsel for the respondents are present.

2. 2. As prayed by the learned counsel for the applicant, case is adjourned.

3. 3. List this matter when the Bench reassembles next.

*Sd/-*

Member (A)

*Sd/-*

(Justice S.K. Gupta) Member (J)

OA-28/2024

Lieutenant Sukhminder Singh

.....Applicant By legal practitioners for Applicant Col Dibya Shankar Bhattacharya (Retd) Sarat Kumar Saikia

-Versus-

UOI

Page 13 of 27

PJ Barman

CORAM:

HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER(J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)

ORDER

20.03.2026

1. 1. On the case being taken up for hearing, Col Dibya Shankar Bhattacharya (Retd), learned counsel for the applicant and Shri PJ Barman, learned counsel for the respondents are present.

2. 2. Today the case is listed for final hearing.

3. 3. During the course of hearing, counsel for the applicant has produced copy of judgment dated 08.07.2022 passed by AFT(RB) Chandimandir passed in OA No. 1505/2018, Shukhminder Singh Vs UOI & Ors.,

4. 4. List this matter, when the Bench reassembles next.

Sd/-

Page 14 of 27

Member (A)

Sd/- (Justice S.K. Gupta) Member (J)

Rathore/kk

<table border="1"><thead><tr><th data-bbox="75 10 198 75">Notes of the Registry</th><th data-bbox="198 10 940 75">Orders of the Tribunal</th></tr></thead><tbody><tr><td></td><td>ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI18.OA-39/2024 with MA-35/2024Ex Sep HB Hranglun Anal..... Applicant By legal practitioners for Applicant AR Tahbildar-Versus-UOI & Others.....Respondents By legal practitioner for Respondents Dipanjali BoraCORAM: HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER(J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)ORDER20.03.20261. On the case being taken up for hearing, Shri AR Tahbildar, learned counsel for the applicant and Ms Dipanjali Bora, learned counsel for the respondents are present.M.A. No. 35/20242. There is delay of 46 years, 02 months and 03 days in filing Original Application. The applicant has filed delay condonation application supported with affidavit.3. Learned counsel for the applicant submits that delay in filing Original Application is not deliberate but for the reasons stated in affidavit filed in support of delay condonation application.4. Per contra, learned counsel for the respondents submits that the delay has not been properly explained.5. Heard learned counsel for the parties and perused the record.6. Considering that in matters involving recurring benefits bar of limitation is not applicable and grounds stated in affidavit filed in support of delay condonation application are genuine and sufficient, delay is liable to be condoned.</td></tr></tbody></table>

7. Accordingly, delay in filing Original Application is condoned. Delay condonation application stands disposed off.

**O.A. No. 39 of 2024**

8. This O.A. has been filed for grant of invalid pension. Matter needs adjudication.

9. Admit.

10. In this case counter affidavit has already been filed on behalf of the respondents. Rejoinder affidavit, if any, may be filed on behalf of the applicant within two weeks next.

11. Learned counsel for the respondents submits that similar controversy has been stayed by the Hon'ble High Court Guwahati in the case of **AK Thapa**.

12. List for physical final hearing when the next bench reassembles.

Sd/-

Member (A)

Sd/- (Justice S.K. Gupta) Member (J)

19. OA-36/2024 with MA-32/2024

**Smti Sashikokla Konyak**

..... Applicant By legal practitioners for Applicant Supongwati Walling R Atsula Kips

**-Versus-**

**UOI & Others**

Page 15 of 27

Dipanjali Bora

CORAM:

**HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER(J)** **HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)**

ORDER

20.03.2026

1. 1. On the case being taken up for hearing, Ms R Atsula Kips, learned counsel for the applicant and Mrs Dipanjali Bora, learned counsel for the respondents are present.

2. 2. Counter affidavit filed on 25.06.2025 is taken on record.

3. 3. Learned counsel for the applicant submits that rejoinder affidavit is ready and same will be filed during the course of the day.

4. 4. List this matter for final hearing when the Bench reassembles next.

5. 5. Learned counsel for the respondents to produce the original medical documents on the next date of hearing.

Sd/-

Member (A)

Sd/-

(Justice S.K. Gupta) Member (J)

21. OA-05/2024

Ex Sep Purnananda Kumbang

..... Applicant By legal practitioners for Applicant AR Tahildar

-Versus-

UOI

Page 16 of 27

PJ Barman

CORAM:

HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER(J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)

ORDER

20.03.2026

1. 1. On the case being taken up for hearing, Shri AR Tahildar, learned counsel for the applicant and Shri PJ Barman, learned counsel for the respondents are present.

2. 2. On request of learned counsel for the applicant, the case is passed over for the day.

3. 3. List this case for physical final hearing when the next bench reassembles.

Sd/-

Page 17 of 27

Member (A)

Sd/-

(Justice S.K. Gupta) Member (J)

**ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI**

22. OA-27/2023

**Smt Bishnu Kala Thapa**

..... **Applicant** By legal practitioners for Applicant S Pandey, S Thapa, N Kharsentary And P Chetri

**-Versus-**

**UOI & others**

.....**Respondents** By legal practitioner for Respondents Ms Dipanjali Bora

CORAM:

**HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER(J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)**

ORDER

Page 18 of 27

1. 1. On the case being taken up for hearing, Shri S Pandey, learned counsel for the applicant and Ms Dipanjali Bora, learned counsel for the respondents are present.

2. 2. Heard learned counsel for the parties at length and perused the record.

3. 3. Registry is hereby directed to list this case as first case for final hearing when the next bench reassembles.

4. 4. Respondents are directed to produce original record pertaining to this case.

5. 5. Learned counsel for the applicant may file case laws in support of his contention on the next date of listing when the case shall be heard finally.

**Member (A)**

(Justice S.K. Gupta) **Member (J)**

24. OA-10/2024

Brigadier Jogesh Chandra Talukdar (Retd) .....Applicant

By legal practitioners for Applicant Col DS Bhattaacharya, Sri Sarat Kumar Saikia

-Versus-

UOI

Page 19 of 27

PJ Barman,CGSC

CORAM:

HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER(J) HON'BLE LTGEN C.P. MOHANTY, MEMBER (A)

ORDER

20.03.2026

1. Invoking the jurisdiction of this Tribunal under Section 22(1) (c) of the Armed Forces Tribunal Act, 2007, the applicant has filed the OA with following prayers: - **(a) To issue/pass an order or direction of appropriate nature to the respondents to summon and quash/set aside their orders leading to denial of applicant's 40% disability element of pension due to his 40% disability 'Generalized Anxiety Disorder (F-41.4) duly rounded off to 50% in spite of the fact it has been endorsed as attributable to or aggravated by Military service in various medical boards including the Release Medical Board (RMB) and also direct the authorities to hold the Applicant's disability as attributable to or aggravated by Military Service for life.**

**(b) To direct the authorities to grant disability element of pension with rounding of benefit at the rate of 50% to the applicant with effect from the date of discharge that is 01.03.2022.**

**(c) To direct the authorities to pay arrears of disability element of pension with rounding off benefits wef 01.03.2022 with interest thereon.**

**(d) Issue/Pass any other order or direction as this Hon'ble Tribunal may deem fit in the circumstances of the case.**

**(e) Allow this application with cost and 18% interest on arrears.**

2. During the course of hearing, learned counsel for the applicant fairly restricted the relief to the grant of disability element of pension in respect of the disability (a) Generalised Anxiety Disorder (F-41.4), assessed at 40% only by the Release Medical Board held at 151 Base Hospital, Guwahati on 25.09.2021.

3. It is the case of the applicant, a retired Brigadier, that the said disability was first detected in January 2018 while he was posted at Headquarters 2 Mountain Division and he was subsequently treated at INHS Asvini and various military hospitals during the period from 27.01.2018 to 19.02.2018. It is further contended that the disability has been held to be attributable to military service by the competent medical authorities.

4. Per contra, learned counsel appearing for the respondents has opposed the claim, contending that the disability has no causal connection with military service. It is also submitted that certain additional documents are required to be brought on record to substantiate the said contention.

5. Having heard the learned counsel for the parties in light of the controversy and upon consideration of the material available on record we are of the considered opinion that the matter requires further medical evaluation for proper adjudication, particularly in view of the nature of the disability and the rival contentions regarding its attributability/aggravation.

6. Therefore, at this moment, in the interest of justice, without going into the merits of the case, we direct the respondents to conduct a Post Discharge Medical Board (PDMB) of the applicant at nearest Command Hospital i.e. Command Hospital, Kolkata. The date of the said Medical Board shall be intimated to the applicant at least one month in advance, through learned counsel for the applicant, so as to enable his appearance in time at the designated hospital.

7. The entire exercise shall be completed within a period of three months from now. The respondents shall place the report of the Post Discharge Medical Board on record, upon completion of the above examination before the case is taken up again for final hearing.

8. List the matter for further consideration along with the said report, as and when the Bench re-assembles.

Sdr

Member (A)

Sdr

(Justice S.K. Gupta) Member (J)

**ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI**

25. OA-02/2023 With MA-01/2023

**Ex-LD Melin Singpho**

.....Applicant By legal practitioners for Applicant Subrata Choudhury

**-Versus-**

**UOI**

Page 20 of 27

P Sharma, CGSC

CORAM:

**HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER(J) HON'BLE LTGEN C.P. MOHANTY, MEMBER (A)**

ORDER

20.03.2026

1. On the case being taken up for hearing, Shri Subrata Choudhury, learned counsel for the applicant and Shri B Basumatary holding the brief of Shri P Sharma, learned counsel for the respondents are present.

**MA-01/2023**

2 This application has been filed on behalf of the applicant for condonation of delay in filing OA. This application is supported with affidavit. There is delay of 15 years in filing OA.

3 Submission of learned counsel for the applicant is that matter being pertaining to grant of disability element of pension, delay may be condoned.

4 Submission of learned counsel for the respondents is that delay has not been properly explained by the applicant.

5 Heard learned counsel for the parties on delay condonation application and perused the record.

6 Considering the facts and circumstances of the case and also the matter being related to grant of disability pension, delay in filing OA is hereby condoned. Delay condonation application i.e. MA aforesaid is disposed of.

OA-02/2023

7 Counter affidavit already filed on 02.04.2024 on behalf of the respondents is taken on record.

8 Learned counsel for the applicant submits that page No. 6 of the counter affidavit is missing. He may receive the page No. 6 of the counter affidavit from the legal representative.

9 List this case final hearing when the next bench reassembles.

Sd/-

(Lt Gen C. P. Mohanty) Member (A)

Sd/-

Member (J)

rathore/kk

27. OA-11/2023

Ex-Hav Rajni Kanta Das

.....Applicant By legal practitioners for Applicant Dipamoni Kalita Alakananda Chakraborty

-Versus-

UOI

Page 21 of 27

Dipanjali Bora ,CGSC

CORAM:

HON'BLE MR.JUSTICE S.K.GUPTA, MEMBER(J) HON'BLE LTGEN C.P. MOHANTY, MEMBER (A)

ORDER

20.03.2026

1. 1. On the case being taken up for hearing, nobody appears on behalf of the applicant and Shri Dipanjali Bora, learned counsel for the respondents is present.

2. 2. Learned counsel for the respondents submits that all grievances have been redressed and a fresh PPO has been issued on 03.09.2025.

3. 3. On perusal of the PPO, it appears that all other allowances along with service benefit have already been granted to the applicant meaning thereby grievances are redressed.

4. 4. This OA is disposed of in full and final satisfaction.

5. 5. If any grievance is left, the applicant may approach by filing OA before this Tribunal.

Sd/-

Member (A)

rathore/kk

Sd/- (Justice S.K. Gupta) Member (J)

28. OA-09/2023

Ex-Sep Leivon Kom

.....Applicant By legal practitioners for Applicant AR Tahbildar

-Versus-

UOI

Page 22 of 27

Dipanjali Bora , CGSC Subrata Dutta & Associates (Appearing for respondent No.6)

CORAM:

HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER(J) HON'BLE LTGEN C.P. MOHANTY, MEMBER (A)

ORDER

20.03.2026

1. 1. On the case being taken up for hearing, Shri AR Tahbildar, learned counsel for the applicant and Shri Dipanjali Bora, learned counsel for the respondents are present.

2. 2. Learned counsel for the respondents submits that sometime may be given to find out whether arrear part of the disability pension is given to the applicant or not.

3. 3. List this matter when the Bench reassembles next.

Sd/-

Member (A)

Sd/-

(Justice S.K. Gupta) Member (J)

29. OA-15/2019 With MA-21/2019

**Mrs Sonabi Begum**

.....Applicant By legal practitioners for Applicant Zahangir Hussain (Legal Aid Counsel) Moynul Hoque

-Versus-

**UOI**

Page 23 of 27

PJ Barman, CGSC RA Choudhury RA Mazumdar (Counsel for Resp No.10).

CORAM:

HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER(J) HON'BLE LTGEN C.P. MOHANTY, MEMBER (A)

ORDER

20.03.2026

1. 1. On the case being taken up for hearing, Mr Zahangir Hussain, learned counsel for the applicant and Mr. PJ Barman, learned counsel for the respondents are present.

2. 2. As prayed by the learned counsel for the applicant, case is adjourned.

3. 3. List this matter when the Bench reassembles next.

Sd/-

Page 24 of 27

Member (A)

Sd/-

(Justice S.K. Gupta) Member (J)

Rathore/ak

<table border="1"> <thead> <tr> <th data-bbox="62 26 188 81">Notes of the Registry</th> <th data-bbox="188 26 946 81">Orders of the Tribunal</th> </tr> </thead> <tbody> <tr> <td data-bbox="62 81 188 917"></td> <td data-bbox="188 81 946 917"> ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI 30. OA(A)-24/2023 Sahajan Ahmed Laskar .....Applicant By legal practitioners for Applicant SB Laskar HA Laskar AH Ahmed -Versus- UOI .....Respondents By legal practitioner for Respondents Dipanjali Bora,CGSC CORAM: HON'BLE MR.JUSTICE S.K.GUPTA, MEMBER(J) HON'BLE LTGEN C.P. MOHANTY, MEMBER (A) ORDER 20.03.2026 <ol> <li>1. On the case being taken up for hearing, none appeared on behalf of the applicant. Mrs Dipanjali Bora, learned counsel for the respondents is present.</li> <li>2. This matter requires more than two days for hearing.</li> <li>3. List this matter before next regular Bench.</li> </ol> <div style="display: flex; justify-content: space-around; margin-top: 20px;"> <div style="text-align: center;"> (Lt Gen C.P. Mohanty) Member (A) </div> <div style="text-align: center;"> (Justice S.K. Gupta) Member (J) </div> </div> rathore/ak </td> </tr> </tbody> </table>

31. OA(A)-30/2023

Sub (RT) Brijesh Kumar Sharma

.....Applicant By legal practitioners for Applicant Amit Joshi Punam Sunar Srijana Sharma Gewali Nilam Gurung

-Versus-

UOI

Page 25 of 27

PJ Barman, CGSC

CORAM:

HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER(J) HON'BLE LTGEN C.P. MOHANTY, MEMBER (A)

ORDER

20.03.2026

1. 1. On the case being taken up for hearing, Shri Amit Joshi, learned counsel for the applicant and Shri PJ Barman, learned counsel for the respondents are present.

2. 2. Case is adjourned today.

3. 3. This matter requires more than two days for hearing.

4. 4. List before next regular Bench.

Sdt

Page 26 of 27

Member (A)

Sdt

(Justice S.K. Gupta) Member (J)

**ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI**

32. OA-20/2024

**Ex-Sep DY Kongam Anal**

.....**Applicant** By legal practitioners for Applicant AR Tahbildar

**-Versus-**

**UOI**

.....**Respondents** By legal practitioner for Respondents PJ Barman, CGSC

CORAM:

**HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER(J) HON'BLE LTGEN C.P. MOHANTY, MEMBER (A)**

ORDER

20.03.2026

1. 1. On the case being taken up for hearing, Shri AR Tahbildar, learned counsel for the applicant and Shri PJ Barman, learned counsel for the respondents are present.

2. 2. Learned counsel for the applicant has submitted that the applicant was absent for 208 days.

3. 3. However, learned counsel for the respondents submits that the period of absence of the applicant is 1280 days as reflected in the document produced.

4. 4. In this matter detail hearing is required.

5. 5. List when the Bench reassembles next.

Member (A)

(Justice S.K. Gupta) Member (J)

Page 27 of 27

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