Armed Forces Tribunal

Judgment & Order dated 19 Mar 2026 on 19 March 2026

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1. MA( E)-38/2024 (in OA-17/2021)

Ex Hony Nb Sub WNG Eliza Anal ..... Applicant

By legal practitioners for Applicant AR Tahbilar

-Versus-

UOI & Ors ..... Respondents

By legal practitioner for Respondents PK Garodia, CGSC

CORAM :

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

Page 1 of 50

<ol>

<li>On the case being taken up for hearing, Shri AR Tahbilar learned counsel for the applicant and Shri PK Garodia learned counsel for the respondents are present.</li>

<li>Ld counsel for the respondents submits that the matter is pending before the Hon'ble Gauhati High Court vide Writ petition No. 1973/2024.</li>

<li>Since the matter is subjudice before the Hon'ble Gauhati High Court, after outcome of the Writ petition, list this matter when the Bench reassembles next.</li>

</ol>

Page 2 of 50

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

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

</div>

rathore/kk

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Notes of the

Registry

Orders of the Tribunal

**ARMED FORCES TRIBUNAL,

REGIONAL BENCH, GUWAHATI**

**2. MA(E)-10/2025

(With MA-13/2025 and MA-01/2026 )**

**Ex Hony Nb Sub Lhunkhugin ..... Applicant**

By legal practitioners for Applicant

AR Tahbildar

PK Garodia

**-Versus-**

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

By legal practitioner for Respondents

PK Garodia, CGSC

AR Tahbildar

**CORAM :**

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

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

ORDER

**19.03.2026**

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

**MA No. 13/2025**

2. This application has been moved on behalf of the respondents for modification of order dated 05.04.2023 passed in OA No. 05/2022.

3. Learned counsel for the respondents submits that the applicant was discharged from service w.e.f. 30.06.2006 after rendering 23 years 11 months 03 days of service. He further submits that in the order dated 05.04.2023, the Tribunal has mentioned length of service as 23 years 11 months and 06 days of service.

4. Keeping in view the factual position of the case, the length of service as mentioned in the order is modified as under - For 23 years 11 months and 06 days Read as 23 years 11 months and 03 days.

1. 5. Learned counsel for the respondents submits that there being typographical error, the mistake would have been occurred.

2. 6. In view of the above, order dated 05.04.2023 passed in OA No. 5/2022 be amended accordingly. MA aforesaid is disposed of.

3. 7. As far as execution of this case is concerned, list when the Bench reassembles next.

Sd/-

Page 3 of 50

Member (A)

Sd/-

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

Rathore/kk

<table border="1"><thead><tr><th data-bbox="61 68 218 108">Notes of the Registry</th><th data-bbox="221 61 933 108">Orders of the Tribunal</th></tr></thead><tbody><tr><td></td><td>ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI3. MA (E)-44/2024 (in OA-05/2021)EX NK LH Kolni Anal ..... ApplicantBy legal practitioners for Applicant AR Tahbilda-Versus-UOI & Ors ..... RespondentsBy legal practitioner for Respondents PK Garodia, CGSCCORAM :HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER (J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)ORDER19.03.20261. On the case being taken up for hearing, Shri AR Tahbilda learned counsel for the applicant and Shri PK Garodia learned counsel for the respondents are present.2. Ld counsel for the respondents submits that the similar matter is pending before the Hon'ble Gauhati High Court and next date is fixed on 13.05.2023.3. Since the matter is subjudice before the Hon'ble Gauhati High Court, list the matter when the Bench reassembles 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)rathore/kk</div><div style="text-align: center;">Sd/-(Justice S.K. Gupta) Member (J)</div></div></td></tr></tbody></table>

Page 4 of 50

</tr> </thead> <tbody> <tr> <td></td> <td> ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI 4. MA(E)-36/2024 (in OA-08/2023) Smt Zangring ..... Applicant By legal practitioners for Applicant AR Tahbilda -Versus- UOI & Ors ..... Respondents By legal practitioner for Respondents Dipanjali Bora, CGSC CORAM : HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER (J)

Page 5 of 50

ORDER 19.03.2026 1. On the case being taken up for hearing, Shri AR Tahbilda, learned counsel for the applicant and Shri Dipanjali Bora learned counsel for the respondents are present. 2. Ld counsel for the respondents submits that the matter has been stayed by the Hon'ble Gauhati High Court vide order dated 14.02.2025 in Writ petition No. 2258/2024. 3. Since the matter is subjudice before the Hon'ble Gauhati High Court, after outcome of the Writ petition, list the matter when the Bench reassembles next. <div style="display: flex; justify-content: space-around; 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>

Notes of the Registry

Orders of the Tribunal

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

5. **MA(E)-41/2023** **(in OA-38/2022)**

**Col Lallan Kr G. Singh (Retd)**

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

**-Versus-**

**UOI & Ors**

..... **Respondents** By legal practitioner for Respondents PK Garodia, CGSC

CORAM :

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

ORDER

**19.03.2026**

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

2. 2. Learned counsel for the respondents submits that against order of this Tribunal, respondents have approached the Hon'ble Gauhati High Court which has passed interim order dated 16.09.2024 for stay of order of this Tribunal.

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

4. 4. The respondents are directed to apprise this Tribunal regarding final outcome of the case.

Sd/-

Member (A)

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

Rathore/kk

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Page 6 of 50

6. OA-12/2025 Smt Manwara Begum ..... Applicant By legal practitioners for Applicant Tirthankar Das Shyamal Das Topeswar Das -Versus- UOI & Ors ..... Respondents By legal practitioner for Respondents PK Garodia, CGSC CORAM : HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER (J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)

Page 7 of 50

<ol> <li>1. On the case being taken up for hearing, none appeared on behalf of the applicant. Shri PK Garodia learned counsel for the respondents is present.</li> <li>2. Counter affidavit has not been filed.</li> <li>3. Learned counsel for the respondents seeks some more time to file counter affidavit which is allowed.</li> <li>4. 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) </div> <div style="text-align: center;"> (Justice S.K. Gupta) Member (J) </div> </div> Rathore/kk </td> </tr> </tbody> </table>

Page 8 of 50

</tr> </thead> <tbody> <tr> <td></td> <td> ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI 7. OA-31/2023 Hav Pinkoo Gogoi ..... Applicant By legal practitioners for Applicant Dr BN Gogoi Parbin Talukdar Pritam Paul -Versus- UOI & Ors ..... Respondents

PK Garodia, CGSC CORAM : HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER (J)

Page 9 of 50

<ol> <li>1. Nobody appears on behalf of the applicant. Shri PK Garodia, learned counsel for the respondents is present.</li> <li>2. On the last occasion, none appeared on behalf of the applicant. It appears that the applicant is not interested to proceed with the case.</li> <li>3. Matter is dismissed for default due to not non-prosecution.</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>

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Page 10 of 50

8. OA-03/2025 With MA-05/2025 Ex Hav H. Zarzokima ..... Applicant By legal practitioners for Applicant AR Tahbildar. -Versus- UOI & Ors ..... Respondents By legal practitioner for Respondents PK Garodia, CGSC CORAM : HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER (J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)

Page 11 of 50

1. On the case being taken up for hearing, Shri AR Tahbildar learned counsel for the applicant and Shri PK Garodia learned counsel for the respondents are present. 2. In this case, counter affidavit has already been filed on 17.11.2025, but till today delay condonation application is pending. MA No. 05/2025 3 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 08 years 02 months and 17 days in filing OA. 2 Ld counsel for the applicant submits that due to poor financial condition, the applicant could not approach this Tribunal earlier. Therefore, delay has caused in filing this application. He 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. He further submits that this OA pertaining to disability pension, bar of limitation is not applicable. </td> </tr> </tbody> </table>

1. 3 Per contra, learned counsel for the respondents submits that the delay has not been properly explained.

2. 4 Heard learned counsel for the parties and perused the records.

3. 5 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-03/2025**

1. 6 This OA has been filed for grant of disability element of pension to the applicant.

2. 7 Matter needs adjudication.

3. 8 Admit.

4. 9 Counter affidavit already filed on behalf of the respondents is taken on record.

5. 10 Ld counsel for the applicant declines to file rejoinder affidavit.

6. 11 Now the pleadings are complete.

7. 12 List this matter for final hearing when the Bench reassembles next.

Sd/-

Page 12 of 50

Member (A)

Sd/-

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

Rathore/kk

<table border="1"><thead><tr><th data-bbox="61 66 216 105">Notes of the Registry</th><th data-bbox="216 66 918 105">Orders of the Tribunal</th></tr></thead><tbody><tr><td data-bbox="61 105 216 942"></td><td data-bbox="216 105 918 942">ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATIOA-04/20259.Smt Eshia & 2 Others ..... Applicant By legal practitioners for Applicant S Pfokrelo Puni Sani Smt Mercy Min NP Haibila-Versus-UOI & Ors ..... Respondents By legal practitioner for Respondents PK Garodia, CGSCCORAM : HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER (J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)ORDER19.03.2026<ol style="list-style-type: none;"><li>1. On the case being taken up for hearing, Shri S Pfokrelo, learned counsel for the applicant and Shri PK Garodia, learned counsel for the respondents are present.</li><li>2. Matter pertains to grant of family pension requires adjudication.</li><li>3. Admit.</li><li>4. Counter affidavit already filed on behalf of the respondents is taken on record.</li><li>5. Ld counsel for the applicant is not inclined to file rejoinder affidavit.</li><li>6. At this stage, learned counsel for applicant submits that the deceased soldier belonged to Assam Regiment and legal heirs of the deceased soldiers have filed this OA. He further submits that as per information received process of publication of Part-II order is in process.</li><li>7. Learned counsel for the respondents seeks time to verify the record produced on behalf of the applicant.</li></ol></td></tr></tbody></table>

8. Learned counsel for the applicant submits that the copy of letter received from respondent authority has been given to the respondents for verification of its content.

9. Copy of the order be given dasti.

10. List the matter when the Bench reassembles next.

Sd/-

Page 13 of 50

Member (A)

Rathore/kk

Sd/-

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

<table border="1"><thead><tr><th data-bbox="72 35 225 75">Notes of the Registry</th><th data-bbox="225 35 938 75">Orders of the Tribunal</th></tr></thead><tbody><tr><td data-bbox="72 75 225 949"></td><td data-bbox="225 75 938 949">ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI10. OA-05/2025K Haiba @ K Haiba Jaochim ..... Applicant By legal practitioners for Applicant S Pfokrelo Puni Sani Smt Mercy Min NP Haibila-Versus-UOI & Ors ..... Respondents By legal practitioner for Respondents PK Garodia, CGSCCORAM :HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER (J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)ORDER19.03.2026<ol style="list-style-type: none;"><li>1. On the case being taken up for hearing, Shri S Pfokrelo, learned counsel for the applicant and Shri PK Garodia, learned counsel for the respondents are present.</li><li>2. Counter affidavit already filed on behalf of the respondents is taken on record.</li><li>3. Ld counsel for the applicant submits that he is not inclined to file rejoinder affidavit.</li><li>4. Learned counsel for the applicant submits that copies of PAN card and Adhar Card have been sent to Record office, Kumaon Regiment for completion of documentation.</li><li>5. List the matter when the Bench reassembles next.</li><li>6. Copy of this order be given dasti.</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>

13Orders of the TribunalNotes of the RegistryARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI

11. OA-06/2025 With MA-11/2025

Ex Sigmn Purna Kanta Kurmi

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

-Versus-

UOI & Ors

..... **Respondents** By legal practitioner for Respondents PJ Barman ,CGSCCORAM :HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER (J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)ORDER19.03.2026

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.

MA-11/2025

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 32 years 09 months in filing OA.

3 Submission of learned counsel for the applicant is that matter being pertaining to grant of pensionery benefits, 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 perused on delay condonation application and perused the record.

Page 14 of 50

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

**OA-06/2025**

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

2. 8 Matter needs adjudication.

3. 9 Admit.

4. 10 Counter affidavit already filed on 29.01.2026 on behalf of the respondents is taken on record.

5. 11 Learned counsel for the respondents submits that similar controversy is pending before the Hon'ble Supreme Court in the case of Union of India & Ors vs AK Thapa, SLP (Civil) Diary No. 38701/2025.

6. 12 Since the similar matter is pending before the Hon'ble Supreme Court, this case is adjourned till final outcome of the verdict of the Hon'ble Supreme Court.

7. 13 Respondents are directed to apprise this Tribunal regarding outcome of the aforesaid appeal.

8. 14 List this case when the next bench reassembles.

Sd/-

Member (A)

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

rathore/kk

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12. OA-38/2024 With MA-34/2024 Ex Sep Sasang Vaiphei ..... Applicant By legal practitioners for Applicant G Khupchinpao -Versus- UOI & Ors ..... Respondents By legal practitioner for Respondents Dipanjali Bora, CGSC CORAM : HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER (J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)

Page 16 of 50

1. On the case being taken up for hearing, Shri G Khupchinpao, learned counsel for the applicant and Shri Dipanjali Bora, learned counsel for the respondents are present. MA No. 34/2024 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 04 years 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. He further submits that this OA pertaining to grant of service 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.

Page 17 of 50

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-38/2024**

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

2. 8 Matter needs adjudication.

3. 9 Admit.

4. 10 Counter affidavit is already on record.

5. 11 Ld counsel for the applicant submits that rejoinder affidavit is ready. He further submits that he will file rejoinder affidavit during course of the day which is allowed.

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

Sd/-

Page 18 of 50

Member (A)

Sd/-

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

rathore/kk

3Notes of the RegistryOrders of the TribunalARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI

13. OA-25/2024

Ex NK Zamkhokam 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 S.K. GUPTA, MEMBER (J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)ORDER19.03.2026

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

2. 2. Counter affidavit already filed. Learned counsel for the applicant declines to file rejoinder affidavit.

3. 3. Pleadings are complete.

4. 4. Learned counsel for the respondents submits that he wants to file amended copy of counter affidavit. He may do so before the next date of physical final hearing after serving copy to the learned counsel for the applicant.

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

Sd/-

Page 19 of 50

Member (A)

rathore/kk

Sd/-

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

Notes of the Registry

Orders of the Tribunal

ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI

14. OA-21/2024

Smti Padma Devi alias Padma Bista Chhetri ..... Applicant By legal practitioners for Applicant S Pandey, S Thapa A Joshi N Kharsentry P Chetri R Chandap P Ghosh

-Versus-

UOI & Ors

..... Respondents

By legal practitioner for Respondents Dipanjali Bora, CGSC

CORAM :

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

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

ORDER

19.03.2026

1. 1 Nobody appeared on behalf the applicant. Mrs Dipanjali Bora, learned counsel for the respondents is present.

2. 2 Counter affidavit has already been filed.

3. 3 Since none is present on behalf of the applicant, one more opportunity is given to the applicant to file rejoinder affidavit.

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

*Sdlr*

Page 20 of 50

Member (A)

*Sdr*

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

rathore/kk

Notes of the Registry

Orders of the Tribunal

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

15. OA-07/2025 With MA-12/2025

**Smti Kanga Elizabeth**

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

**-Versus-**

**UOI & Ors**

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

CORAM :

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

ORDER

**19.03.2026**

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

**MA-12/2025**

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 11 years 11 months and 03 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. He further submits that this OA pertaining 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.

**OA-07/2025**

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

2. 8 Matter needs adjudication.

3. 9 Admit.

4. 10 Counter affidavit already filed on behalf of the respondents on 23.10.2025 is taken on record.

5. 11 Ld counsel for the applicant declines to file rejoinder affidavit.

6. 12 Now the pleadings are complete.

7. 13 Counsel for the respondents submits that out of total service of 10 years, period of 301 days is non qualifying service, meaning thereby the total qualifying service rendered by the applicant is less than 10 years; therefore the matter is covered by the Judgment of AK Thapa.

8. 14 List the matter when the Bench reassembles next.

Sd/-

Page 22 of 50

Member (A)

Sd/-

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

rathore/kk

Notes of the Registry

Orders of the Tribunal

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

16. OA-08/2025

**Smti Dhan Kumari BC**

..... **Applicant**

By legal practitioners for Applicant Amit Joshi Punam Sunar Srijana Sharma Gewali Ruma Paul Shwetha Paul

**-Versus-**

**UOI & Ors**

..... **Respondents**

By legal practitioner for Respondents PK Garodia, CGSC

CORAM :

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

ORDER

**19.03.2026**

1. 1. On the case being taken up for hearing, Shri Amit Joshi, learned counsel for the applicant appeared through virtual mode and Shri PK Garodia, learned counsel for the respondents is physically present.

2. 2. Counter affidavit filed on 18.11.2025 which is taken on record.

3. 3. Learned counsel for the applicant submits that time be allowed to file rejoinder affidavit. As prayed two weeks time is allowed to file rejoinder affidavit.

4. 4. Ld counsel for the respondents apprised that the applicant's husband was discharged from service 31.05.1982.

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

Sd/-

Page 23 of 50

Member (A)

Rathore/kk

Sd/-

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

Notes of the Registry

Orders of the Tribunal

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

17. **OA-09/2025 With MA-15/2025**

**Ex Nb Sub Kaushal Kishori Giri** ..... **Applicant** By legal practitioners for Applicant AR Tahbildar

**-Versus-**

**UOI & Ors** ..... **Respondents** By legal practitioner for Respondents Dipanjali Bora, CGSC

CORAM :

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

ORDER

**19.03.2026**

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.

**MA-15/2025**

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 12 years 20 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. He further submits that this OA pertaining to disability 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.

**OA-09/2025**

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

8 Matter needs adjudication.

9 Admit.

10 Counter affidavit already filed on behalf of the respondents on 27.01.2026 is taken on record.

11 Ld counsel for the applicant declines to file rejoinder affidavit.

12 Now the pleadings are complete.

13 Heard learned counsel for the parties and perused the record.

14 Arguments concluded.

15 Order reserved.

*Sd/-*

Member (A)

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

rathore/kk

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Page 24 of 50

18. OA(A)-34/2024 Subedar SKT Arvind Singh ..... Applicant By legal practitioners for Applicant Amit Joshi Punam Sonar Srijana Sharma Gewali Ruma Paul -Versus- UOI & Ors ..... Respondents By legal practitioner for Respondents PK Garodia, CGSC CORAM : HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER (J)

Page 25 of 50

<ol> <li>1. On the case being taken up for hearing, Shri Amit Joshi, learned counsel for the applicant appeared through virtual mode and Shri PK Garodia learned counsel for the respondents is physically present.</li> <li>2. As prayed by the learned counsel for the applicant, case is adjourned.</li> <li>3. 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) </div> <div style="text-align: center;"> (Justice S.K. Gupta ) Member (J) </div> </div> rathore/kk </td> </tr> </tbody> </table>

<table border="1"><thead><tr><th data-bbox="53 31 208 68">Notes of the Registry</th><th data-bbox="211 31 933 68">Orders of the Tribunal</th></tr></thead><tbody><tr><td data-bbox="53 68 208 945"></td><td data-bbox="211 68 933 945">ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI19. OA-13/2022Ex -SWR Sukumar Roy ..... Applicant By legal practitioners for Applicant Rupam Jyoti Sarma Nisha Moni Borah-Versus-UOI & Ors ..... Respondents By legal practitioner for Respondents PK Garodia, CGSC S. Dutta S Haque H Das (Counsels for Resp No.5)CORAM : HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER (J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)ORDER19.03.20261. On the case being taken up for hearing, Shri Rupam Jyoti Sarma, learned counsel for the applicant and Shri PK Garodia learned counsel for the respondents are present.2. In pursuance of the order dated 21.02.2025, today learned counsel for the respondents produced original copy of RMB proceedings which we have perused and returned to the legal representative for the respondents, as photocopy of the same documents is already available with counter affidavit. Since copy of the original records is available, there is no need to retain original records of RMB/ RSMB.3. Learned counsel for the applicant seeks time to file case laws in support of his contention.4. Pleadings are complete.5. List for final hearing when the Bench reassembles next.<div style="display: flex; justify-content: space-between; align-items: flex-end; margin-top: 20px;"><div data-bbox="243 824 448 949" style="text-align: center;"><div style="border: 1px solid black; padding: 5px; width: 100px; margin-bottom: 5px;">Sd/-</div>(Lt Gen C. P. Mohanty) Member (A)rathore/kk</div><div data-bbox="669 824 874 949" style="text-align: center;"><div style="border: 1px solid black; padding: 5px; width: 100px; margin-bottom: 5px;">Sd/-</div>(Justice S.K. Gupta) Member (J)</div></div></td></tr></tbody></table>

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<table border="1"><thead><tr><th data-bbox="65 65 218 101">Notes of the Registry</th><th data-bbox="222 65 942 101">Orders of the Tribunal</th></tr></thead><tbody><tr><td></td><td>ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI20. OA-03/2024Ex –Nk Philem Ibungo Singh ..... Applicant By legal practitioners for Applicant AR Tahbildar-Versus-UOI & Ors ..... Respondents By legal practitioner for Respondents PK Garodia, CGSCCORAM :HON`BLE MR. JUSTICE S.K. GUPTA, MEMBER (J) HON`BLE LT GEN C.P. MOHANTY, MEMBER (A)ORDER19.03.2026<ol style="list-style-type: none;"><li>1. On the case being taken up for hearing, Shri AR Tahbildar, learned counsel for the applicant and Shri PK Garodia, learned counsel for the respondents are present.</li><li>2. Heard learned counsel for the parties at some length and perused the record.</li><li>3. Learned counsel for the applicant submits that disability caused to the applicant is attributable to/aggravated by military service as the Commanding Officer has clearly laid down this fact while recording his opinion. It is further submitted on behalf of the applicant that the disability caused to the applicant is aggravated by military service as after the injury he was posted to High Altitude Area.</li></ol></td></tr></tbody></table>

4. During the course of hearing, when learned counsel for the applicant was asked to clarify whether the injury sustained during annual leave is attributable to or aggravated by military leave, he sought time to file case laws in support of his contention. Learned counsel for the applicant further submits that although he has filed case laws in support of his contention, he may be permitted to file more case laws, which is allowed.

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

Sd/-

Member (A)

Sd/-

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

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

Page 27 of 50

21. OA-04/2024 Ex -Hav Raphael Lalfamkima ..... Applicant By legal practitioners for Applicant AR Tahbildar -Versus- UOI & Ors ..... Respondents By legal practitioner for Respondents PK Garodia, CGSC CORAM : HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER (J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A) ORDER 19.03.2026 <ol style="list-style-type: none;"> <li>1. On the case being taken up for hearing, Shri AR Tahbildar, learned counsel for the applicant and Shri PK Garodia, learned counsel for the respondents are present.</li> <li>2. Heard learned counsel for the parties and perused the record.</li> <li>3. Arguments concluded.</li> <li>4. Order reserved.</li> </ol>

<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> </tbody> </table>

Page 28 of 50

</tr> </thead> <tbody> <tr> <td></td> <td> ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI 22. OA-26/2023 Ex -Hav Lil Bahadur Thapa ..... Applicant By legal practitioners for Applicant AR Tahbilda -Versus- UOI & Ors ..... Respondents By legal practitioner for Respondents PK Garodia ,CGSC

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

Page 29 of 50

<ol style="list-style-type: none;"> <li>1. On the case being taken up for hearing, Shri AR Tahbilda, learned counsel for the applicant and Shri PK Garodia, learned counsel for the respondents are present.</li> <li>2. Heard learned counsel for the parties and perused the record.</li> <li>3. Learned counsel for the applicant submits that though the disability in respect of the applicant was detected in peace area but it was started in field area but the condition of the applicant deteriorated in peace area.</li> <li>4. During the course of hearing, learned counsel for the respondents submitted that the applicant is a case of Alcoholic Dependence Syndrome (ADS).</li> <li>5. Learned counsel for the applicant submitted that no medical record has</li> </ol> </td> </tr> </tbody> </table>

been produced on behalf of the respondents that the applicant is a case of ADS. Learned counsel for the respondents further submits that time be allowed to bring on record documents related to ADS.

6. In the circumstances to substantiate the submission of learned counsel for the applicant, four weeks time is allowed to the respondents to file medical record to the effect that the applicant is a case of ADS.

7. Heard in part.

8. After submission of record by the respondents registry shall fix the next date for hearing of this matter through virtual mode after consultation of the members.

9. Copy of this order be provided to Legal representative for the respondents.

Sd/-

Member (A)

Sd/-

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

Page 30 of 50

</tr> </thead> <tbody> <tr> <td></td> <td> ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI 23. OA-14/2024 With MA-13/2024 Ex –Rect Lallian Chin ..... Applicant By legal practitioners for Applicant AR Tahbilda -Versus- UOI & Ors ..... Respondents By legal practitioner for Respondents PK Garodia, CGSC

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

Page 31 of 50

1. On the case being taken up for hearing, Shri AR Tahbilda, learned counsel for the applicant and Shri PK Garodia, learned counsel for the respondents are present. M.A. No. 13/2024 2. This is an application for condonation of delay in filing Original Application. This application is supported with affidavit. There is delay of 05 months and 26 days in filing Original Application. 3. Submission of learned counsel for the applicant is that it is a pensionary matter in which bar of limitation is not applicable. His further submission is that delay in filing Original Application is not deliberate, but on account of reasons stated in affidavit filed in support of application. 4. Per contra, learned counsel for the respondents submits that the delay </td> </tr> </tbody> </table>

has not been properly explained.

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

2. 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.

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

**O.A. No. 14 of 2024**

1. 8. This O.A. has been filed for grant of disability element of pension to the applicant.

2. 9. Matter requires consideration.

3. 10. Admit.

4. 11. In this case counter affidavit has already been filed on behalf of the respondents on 05.09.2024 which is on record. Learned counsel for the applicant declines to file rejoinder affidavit.

5. 12. Now pleadings are complete and the case is ripe for hearing.

6. 13. At this stage, learned counsel for the respondents submits that similar matter has been stayed by the Hon'ble Supreme Court in the case of **Union of India & Ors vs AK Thapa**, SLP(C) No. 024309/2025.

7. 14. List when the next bench reassembles.

Sd/-

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

Sd/-

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

Page 32 of 50

</tr> </thead> <tbody> <tr> <td></td> <td> ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI 24. OA-09/2024 Smt L Athia ..... Applicant By legal practitioners for Applicant AR Tahbildar -Versus- UOI & Ors ..... Respondents By legal practitioner for Respondents PK Garodia, CGSC

Page 33 of 50

HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER (J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A) ORDER 19.03.2026 <ol style="list-style-type: none;"> <li>1. On the case being taken up for hearing, Shri AR Tahbildar, learned counsel for the applicant and Shri PK Garodia, learned counsel for the respondents are present.</li> <li>2. Heard learned counsel for the parties and perused the record.</li> <li>3. Arguments concluded.</li> <li>4. Order reserved.</li> </ol> <div style="display: flex; justify-content: space-between;"> <div style="width: 45%;"> Sd/- (Lt Gen C. P. Mohanty) Member (A) </div> <div style="width: 45%;"> Sd/- (Justice S.K. Gupta) Member (J) </div> </div> </td> </tr> </tbody> </table>

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

Page 34 of 50

25. OA(A)-54/2016 Ex NK Paongam ..... Applicant By legal practitioners for Applicant Hemanta Saikia Bulbul Hussin Khan -Versus- UOI & Ors ..... Respondents By legal practitioner for Respondents PK Garodia, CGSC CORAM : HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER (J)

Page 35 of 50

<ol style="list-style-type: none;"> <li>1. On the case being taken up for hearing, Shri Harish Agarwal, Advocate holding brief of Shri Hemanta Saikia, learned counsel for the applicant and Shri PK Garodia, learned counsel for the respondents are present.</li> <li>2. Brief holder prays for adjournment on the ground that learned counsel for the applicant is not available today.</li> <li>3. On request of brief holder, the case is passed over for the day.</li> <li>4. List for physical final hearing when the next bench reassembles.</li> </ol>

<div style="text-align: center;"> 5d1- (Lt Gen C. P. Mohanty) Member (A) </div> <div style="text-align: center;"> 5d1- (Justice S.K. Gupta) Member (J) </div> </div> </td> </tr> </tbody> </table>

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

Page 36 of 50

26. OA-15/2024 Ex Hav Alok Paul ..... Applicant By legal practitioners for Applicant Rupam Jyoti Sarma Mani Kangana Goswami -Versus- UOI & Ors ..... Respondents By legal practitioner for Respondents PK Garodia ,CGSC CORAM : HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER (J)

Page 37 of 50

<ol style="list-style-type: none;"> <li>1. On the case being taken up for hearing, Shri Rupam Jyoti Sarma, learned counsel for the applicant and Shri PK Garodia, learned counsel for the respondents are present.</li> <li>2. Heard learned counsel for the parties and perused the record.</li> <li>3. In this case pleadings have already been exchanged.</li> <li>4. Learned counsel for the respondents submits that he has not received copy of rejoinder affidavit. Learned counsel for the applicant is directed to supply copy of rejoinder affidavit to learned counsel for the respondents within two weeks.</li> <li>5. List this case for physical final hearing when the next bench reassembles.</li> </ol>

<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> </tbody> </table>

Page 38 of 50

<table border="1"><thead><tr><th data-bbox="68 68 221 104">Notes of the Registry</th><th data-bbox="221 68 941 104">Orders of the Tribunal</th></tr></thead><tbody><tr><td></td><td>ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI27. OA-35/2022Ex Rect Sabbir Ahmed ..... Applicant By legal practitioners for Applicant Alakananda Chakraborty-Versus-UOI & Ors ..... Respondents By legal practitioner for Respondents PK Garodia, CGSCCORAM : HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER (J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)ORDER19.03.2026<ol><li>1. On the case being taken up for hearing, Shri Alakananda Chakraborty, learned counsel for the applicant and Shri PK Garodia, learned counsel for the respondents are present.</li><li>2. On request made by learned counsel for the applicant the case is passed over for the day.</li><li>3. List when the next bench reassembles.</li></ol><div style="display: flex; justify-content: space-between; margin-top: 40px;"><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></tbody></table>

Page 39 of 50

</tr> </thead> <tbody> <tr> <td></td> <td> ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI 28. OA-12/2018 Shri A Nipuni Mao ..... Applicant By legal practitioners for Applicant K Chonjohn TH Trimal Ch Singh -Versus- UOI & Ors ..... Respondents By legal practitioner for Respondents PK Garodia, CGSC CORAM : HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER (J)

Page 40 of 50

ORDER 19.03.2026 <ol> <li>1. On the case being taken up for hearing, none is present for the applicant. Shri PK Garodia, learned counsel for the respondents is present.</li> <li>2. On the last occasion i.e. on 20.02.2025 Shri S Serto, Advocate appeared on behalf of the applicant and apprised that the arguing counsel expired. He submitted that he will Vakalatnama on behalf of the applicant.</li> <li>3. Today, neither Vakalatnama has been filed by Shri S Serto, Advocate nor is he present, meaning thereby that he is not interested in this case.</li> <li>4. This O.A. is dismissed due to non-prosecution.</li> </ol> <div style="display: flex; justify-content: space-between;"> <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> </td> </tr> </tbody> </table>

Page 41 of 50

<table border="1"><thead><tr><th data-bbox="75 65 225 98">Notes of the Registry</th><th data-bbox="225 65 937 98">Orders of the Tribunal</th></tr></thead><tbody><tr><td data-bbox="75 98 225 958"></td><td data-bbox="225 98 937 958">ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI29. OA(A)-30/2022 With MA-16/2022Smt Pushpa Shrikant ..... Applicant By legal practitioners for Applicant Rupam Jyoti Sarma-Versus-UOI & Ors ..... Respondents By legal practitioner for Respondents PK Garodia ,CGSCCORAM :HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER (J) HON'BLE LT GEN C.P. MOHANTY, MEMBER (A)ORDER19.03.20261. On the case being taken up for hearing, Shri Rupam Jyoti Sarma, learned counsel for the applicant and Shri PK Garodia, learned counsel for the respondents are present.2. On request of learned counsel for the applicant, the case is passed over for the day.3. List for physical final hearing when the next bench reassembles.<div style="display: flex; justify-content: space-around; margin-top: 20px;"><div style="text-align: center;"><div style="border: 1px solid black; width: 100px; height: 100px; margin-bottom: 5px;"></div>Sd/-(Lt Gen C. P.Mohanty) Member (A)</div><div style="text-align: center;"><div style="border: 1px solid black; width: 100px; height: 100px; margin-bottom: 5px;"></div>Sd/-(Justice S.K.Gupta ) Member (J)</div></div></td></tr></tbody></table>

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

Page 42 of 50

30. OA-42/2018 Smt Zonghinglovi ..... Applicant By legal practitioners for Applicant PD Nair G Alam H Rahman SRA Naser S Goyal AR Tahbildar -Versus- UOI & Ors ..... Respondents By legal practitioner for Respondents PK Garodia, CGSC CORAM : HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER (J)

Page 43 of 50

ORDER 19.03.2026 <ol> <li>1. On the case being taken up for hearing, none is present for the applicant. Shri PK Garodia, learned counsel for the respondents is present.</li> <li>2. On next date of listing, if learned counsel for the applicant fails to argue this case and also if he fails to file original marriage certificate, this case shall be dismissed due to non-prosecution.</li> <li>3. List when the next bench reassembles.</li> </ol>

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

Page 44 of 50

31. OA(A)-06/2022 Ex-Rfn Anil Chandra Nath ..... Applicant By legal practitioners for Applicant Vipin Kumar Sachitra Bora P Borah -Versus- UOI & Ors ..... Respondents By legal practitioner for Respondents Dipanjali Bora, CGSC CORAM : HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER (J)

Page 45 of 50

<ol> <li>1. On the case being taken up for hearing, none is present for the applicant. Ms Dipanjali Bora , learned counsel for the respondents is present.</li> <li>2. If learned counsel for the applicant fails to appear before this Tribunal on next date of listing, this case shall be dismissed due to non-prosecution.</li> <li>3. In the interest of justice, one more opportunity is granted to learned counsel for the applicant to argue the matter.</li> <li>4. List for physical final hearing when the next bench reassembles,</li> </ol>

<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> </tbody> </table>

Page 46 of 50

</tr> </thead> <tbody> <tr> <td></td> <td> ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI 32. OA-07/2022 Ex-Rfn Birendra Singh ..... Applicant By legal practitioners for Applicant Vipin Kumar Sachitra Bora P Borah -Versus- UOI & Ors ..... Respondents

Dipanjali Bora, CGSC CORAM : HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER (J)

Page 47 of 50

1. On the case being taken up for hearing, none is present for the applicant. Ms Dipanjali Bora, learned counsel for the respondents is present. 2. In the interest of justice, the case is adjourned. 3. List for physical final hearing when the next bench reassembles. <div style="display: flex; justify-content: space-between; margin-top: 20px;"> <div style="text-align: center;"> Sdl- (Lt Gen C. P. Mohanty) Member (A) </div> <div style="text-align: center;"> Sdl- (Justice S.K. Gupta) Member (J) </div> </div> </td> </tr> </tbody> </table>

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

Page 48 of 50

33. OA-41/2018 Smt Vanlalruati ..... Applicant By legal practitioners for Applicant PD Nair G Alam H Rahman SRA Naser S Goyal AR Tahbildar -Versus- UOI & Ors ..... Respondents By legal practitioner for Respondents PJ Barman, CGSC CORAM : HON'BLE MR. JUSTICE S.K. GUPTA, MEMBER (J)

Page 49 of 50

<ol> <li>1. On the case being taken up for hearing, none appeared for the applicant. Shri PJ Barman, learned counsel for the respondents is present.</li> <li>2. If learned counsel for the applicant fails to argue this case on next date of listing, the case shall be dismissed due to non-prosecution.</li> <li>3. List this matter for physical final hearing when the bench reassembles.</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> </td> </tr> </tbody> </table>

Page 50 of 50

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