Judgment & Order dated 05 Sep 2022 ( Cause List Ser No 01 to 60) on 5 September 2022

ORDER

0s.09.2022 Issue notice returnable within 6 weeks. OIC AFT Legal Cell representative will take notice of it and inform the counsel for the respondents. 6 weeks' time is granted to file objection.

2. List the matter after 6 weei<s. (JUSTICE RAJENDITA MENON) CHAIRPERSON ( LT GEN PM HARIZ) MEMBER (A) : Mc/kk

ARMED FORCES TITIBUNAL REGIONAL BENCH GUWAHATI (Th rough Video-conferencing)

3. MA- 1 I I 2022with NI.A-10 I 22 Union of India & Ors Versus Ex-Sep Jamkho Gam

CORAM:

Applicant ..... Respondents : Deepanjali Bora,Advocate : AR Tahbildar, Advocate

ORDER

05.09.2022 Both the applications are allowed. Delay will be condoned and leave to appeal will be granted. (JUSTICE RAJENDRA MENON) C}IAIRPERSON (LT GEN PM HARIZ) MEMBER (A) Mc/kk

ARMED FORCES TRIBUNAL REGIONAL I}ENCH CUWAHATI (Through Video-conferencin g)

4. MA-13 / 2022 w ith M.A-12 / 22 Union of India & Ors Applicants Versus Ex-Sep Gin Khan Khup

: Deepanjali Bora, Advocate For the Respondent : AR Tahbildar, Advocate

CORAM:

HON'BLE MR JUSTICE RAJENDRA MENON, CHAIRPERSON HOI{'BLE LT GEN PM HARIZ, MEMBER(A)

ORDER

05.09.2022 Both the applications are allowed. Delay will be condoned and leave to appeal will be granted. (JUSTICE RAJENDRA MENON) CHAIRPERSON (LT GEN PM HARIZ) MEMBER (A) Mc/kk

CUWAHATI (Th rough Video-conferencin g)

5. oA-20t2022 Ex-Sub/Clk (SD) Manoj Kumar Manjhi Applicant Versus Union of India & Ors. Respondents For the Applicant : AR Tahbildar, Advocate For the Respondent : Deepanjali Bora, Advocate

CORAM:

HON'BLE MR JUSTICE RAJENDRA MENON, CHAIRPERSON HON'BLE LT GEN PM HARIZ,;MEI4BER(A)

ORDER

05.09.2022 Deepanjaii Bora, learned counsel for the respondents submits that she will file counter affidavit during the course of one week. Prayer is allowed.

2. List in due course.

CHAIRPERSON (LT GEN PM HARIZ) MEMBER (A) Mc/kk

GUWAHATI (Throu gh Vidco-conferencin g)

6. O A-21 /2022 with MA-03 /22 Ex-Lnk Repket Chuchang Ao Applicant Versus Union of India & Ors. Respondents For the Applicant : AR Tahbildar, Advocate For the Respondent : PK Garodia, Advocate

CORAM:

ORDER

0s.09.2022 PK Garodia, leamed counsel for the respondents prayed for time and is granted 4 weeks fufther time to file counter affidavit.

2. List after 4 weeks. (.IUSTICE RA.IENDRA MENON) CHAIRPERSON (LT GEN PM HARIZ) MEMBER (A) Mc/kk

ARMED FORCES TITIBUNAL REGIONAL BENCH GUWAHATI (Throu gh Video-conferencin g)

7. oA-02t2022 Smt Tngency Lyngdoh Applicant Versus Union of India & Ors. Respondents For the Applicant : Manik Chandra Gaurab J Sharrna For the Respondent : B Kumar

CORAM:

HON'BLE MR JUSTICE RAJENDRA MENON, CIIAIRPERSON

ORDER

05.09.2022 Heard the learned counsel for both sides.

2. Let a copy of the counter affidavit filed by the respondents be served upon the learned couns.l ,"p..r.nting the applicant within one week. If advised, learned counsel for the applicant may file rejoinder within four weeks thereafter.

3. List after 6 weeks. (JUSTICE RAJENDRA MENON) CHAIRPERSON (LT GEN PM HARIZ) MEMBER (A) Mc/kk

GUWAHATI (Th rough Video-conferencin g)

8. oA-1412021 Ex-Nk Haokhosiam APPlicant Versus

: Deepanjali Bora

CORAM:

HON'BLE MR JUSTICE RAJENDRA MENON, CIIAIRPERSON HON'BLE LT GEN PM HARIZ, MEMBER(A)

ORDER

05.09.2022 Counter affidavit has been filed by the respondents.

2. AR Tahbildar, learned counsel for the applicant may seek instruction, and if advised, may file rejoinder within 4 weeks.

3. List after 6 weeks. (JUSTICE RAJENDRA MENON) CHAIRPERSON (LT GEN PM HARIZ) MEMBER (A) Mc/kk

ARMBD FORCES TRIBUNAL RBGIONAL BENCH GUWAHATI (Th rough Video-confercncin g)

9. oA-2912020 Col Mandeep Singh Applicant Versus

: Applicant in person For the Respondent : Deepanjali Bora

CORAM:

HON'BLE MR JUSTICE RAJENDRA MENON, CHAIRPERSON HON'I}LE LT GEN PM HARIZ, MEMBER(A)

ORDER

05.09.2022 Deepanjali Bora, learned counsel for the respondents has filed the counter affidavit.

2. The applicant appearing in person submits that he has not received the copy of the counter affidavit. Let a copy of the counter affidavit filed by the respondent be served to the applicant within one week through the Registrar of this Bench.

3. Respondents will handover the counter affidavit and documents relating to the case to the Registrar, and Registrar will hand it over to the applicant. 4, If advised, applicant may file rejoinder within 4 weeks thereafter.

5. List for hearing. Mc/kk

CHAIRPERSON (LT GEN PM HARIZ) MEMBER (A)

ARMED FORCES TRIBUNAL RECIONAL BENCH GUWAHATI (Through Video-conferencing)

10. oA-06t2020 Smt Juthika Sinha Versus

: PK Garodia

CORAM:

HON{'BLE LT GEN PM HARIZ, MEMBER(A)

ORDER

05.09.2022 AR Tahbildar, learrred counsel for the applicant prays for and is granted 2 weeks' time to file rejoinder.

2. List in due course. (JUSTICE RAJENDRA MENON) CHAIRPERSON (LT GEN PM HARIZ) MEMBER (A) Mc/kk Applicant

ARMBD FORCES TRIBUNAL REGIONAL BENCH GUWAHATI (Through Video-conferencin g) ll. oA-24/2021 Smt M Roshni Devi Versus

: PJ Barman

CORAM:

Applicant Respondents FION'BLE MR JUSTICE RAJENDRA MENON, CHAIRPERSON HON'BLE LT GEN PM HARIZ, MEMBER(A)

ORDER

05.09.2022 Learned counsel for the respondents submits that the counter affidavit has been filed. However, in the file no counter affidavit is available. Office to verif,u the record and place it on record.

2. AR Tahbildar, learned counsei for the applicant, if advised, may file rejoinder within 4 weeks thereafter.

3. List after 6 weeks.

CHAIRPERSON (LT GEN PM HARIZ) MEMBER (A) mc/kk

ARMED FORCE,S TRIBUNAL REGIONAL BENCH GIJWAHATI (Th rough Video-conferencin g)

oA-2s12021 Ex-Hony Nb Sub TH Ibohanbi Singh Applicant Versus

CORAM:

: B Kumar

ORDER

05.09.2022 B Kurnar, learned counsel for the respondents submits that pleadings are complete and the case be posted for hearing in due course. I1, advised, rejoinder may be filed by the applicant within 4 weeks.

2. List in due course. (JI]STICE RAJENDRA MENON) CHAIRPERSON (LT GEN PM HARIZ) MEMBER (A) Mc/kk

ARMED FORCES TRIBUNAL REGIONAL I]ENCH GUWAHATI (Through Video-conferencing)

13. oA-26/2021 Ex-Hav KH Ashikho Applicant Versus

: B Kumar

CORAM:

ORDER

05.09.2022 B Kumar, learned counsel for the respondents submits that pleadings are complete and the case be posted for hearing in due course. If, advised, rejoinder may be filed by the applicant within 4 weeks. (JUSTICE RAJENDRA MENON) CHAIRPERSON (LT GEN PM HARIZ) MEMBER (A) Mc/kk

ARMED FORCES TIIIBUNAL REGIOI\AL BENCH GUWAHATI (Through Video-conferencin g)

14. OA-0612021 rvith MA-07121 (For condonation of clelay) Ex-Sep SR Warhring Anal .... Applicanf ; Versus

For tlre Applican t

: Deepanjali Bora

CORAM :

HON'BLE MII. JUSTICE RAJENDRA MENON, CHATRPERSON IION'BLE LT GEN PM HARIZ, MEMBER(A)

ORDER

05.09.2022 Learned counsel for the rospondents submits that she has filecl tl're counter affidavit.

2. AR Tahbildar, learned counsel for the applicant also submits that he has received the counter affidavit.

3. Horvever, counter affidavit is not available on record. Otfice to verify and place the counter affidavit on record.

4. AR Tahbildar, learned counsel for the applicant may file rejoinder to the counter affidavit within 4 weeks.

5. List the matter for hearing in due course. (JUSTICE RAJENDRA N{ENON) CHAIRPERSON (LT GEN PM I'IARTZ) MEMBER (A) Mc/kk

GUWAHATI (Th rough Video-conferencin g)

15. oA-2U2018 Smt Gina Gogoi Applicant Versus

: Rajib Sarma Inakashi Deka For the Respondent : Deepanjali Bora

CORAM:

HOIVBLE MR JUSTICE RAJENDRA MENON, CHAIRPERSON I{ON'BLE LT GEN PM HARIZ, MEMBER(A)

ORDER

05.09.2022 None appears for the applicant despite of issue of notice.

2. On 02.11.2021, counsel for the applicant had submitted that no instruction was received in the matter and therefore, office was directed to issue notice to the applicant by Registered Post. When the matter was taken up on 06.01.2022, none appears for the applicant. However, office record shows that there is no record regarding issuance of notice to the applicant and its service.

3. OI'llcc to issue fresh notice to the applicant informing her about the pendoncy ol' the matter along with the copy of this order. In case, the applicarrt does not appear on the next date fixed or does not make arrangcl.llcnt lbr her representation, we will proceed with the rnatter in accordernce with law. 4' Office shall send a copy of this order with notice informing the applicant about the next date of hearing.

5. List the matter after 6 weeks. (JUSTICE RAJENDRA MENOi\) CHAIRPERSON

MEMBER (A) Mc/kk

ARMED FORCES TRII]UNAL IIEGIONAL BENCH GUWAHATI (Through Video-conferencing)

16. OA-18/2020 with MA-l7/20 (For condonation of delay) Ex-Nk Henkhosei Kuki Applicant Versus Union of India & Ors. Respondents

: P Sharma

CORAM:

HON'BLE MR JUSTICE RAJENDRA MENON, CI{AIRPERSON I.ION'BLE LT GEN PM HARIZ, MEMBER(A)

ORDER

0s.09.2022 Counter affidavit has already been filed.

2. AR Tahbildar, learned counsel fbr the applicant submits that he wants to file additional docurnents by way of an affidavit. Praycr is allowed. 4 weeks time is granted to-file additional documents. (JUSTICE RAJENDRA MENON) CHAIRPERSON (LT GEN PM HARIZ) MEMBER (A) Mc/kk

REGIONAL I}ENCH GUWAHATI (Th rough Video-conferencin g)

17. oA-15/2021 Smt Phalunching Applicant Versus Union of India & Ors. Respondents

: pJ Barman

CORAM:

ORDER

05.09.2022 AR Tahbildar, learned counsel for the applicant seeks time to file rejoinder.

2. Prayer is allowed

3. 6 weeks time is granted to file rejoinder. (JUSTICE RAJENDRA MENOi\) CHAIRPERSON (LT GEN PM HARIZ) MEMBER (A) Mc/kk

GI]WAHATI (Through Video-conferencin g)

18. oA-2012021 Ex-Nk M Ginjahang Versus

CORAM:

Applicant ... Respondents : AR Tahbildar : B Kumar HON'BLE MR JUSTICE RAJENDRA MENON, CHAIRPERSON HON'BLE LT CEN PM HARIZ, MEMBER(A)

ORDER

0s.09.2022 Counter affidavit has been filed by the respondents. Respondents have admitted with regard to availability of the Scheme for financial upgradation under MACP to DSC personnel. However, the respondents submit that inspite of notification being issued on 05.09.2016 in this regard, administrative instructions/guidelines for implementation of the same is under preparation at Service HQs. Once the instruction/guidelines are received from the competent authority, applicant's case will be considered for MACP.

2. Counter affidavit was filed by the respondents on 10.05 .2022 and there is nothing to indicate as to why inspite of notification being issued on 05 .09.2016, administrative guidelines have not been issued till date. a-.

Respondents to explain the position and also tell us as to why the instructions/guidelines have not been issued.

3. Let a copy of this order be furnished to the learned counsel for the respondents for necessary compliance.

4. List after 4 weeks. (JUSTTCE RA.IENDRA MENON) CHAIRPERSON (LT GEN PM HARIZ) MEMBER (A) Mc/kk

ARMED FORCBS TRIBUNAL REGIONAL BENCH GUWAHATI (Th rough Video-co nf'erencin g)

19. oA-22t2021 Ex-Nk L Jamzanag Paite Versus

CORAM:

Applicant

: B. Kumar

ORDER

05.09.2022 Counter affidavit has been filed by the respondents. Respondents have admitted with regard to availability of the Scheme for financial upgradation under MACP TO DSC personnel. However, the respondents submit that inspite of notification-being issued on 05.09.2016 in this regard, administrative instructions/guidelines for irnplementation of the same is under preparation at Service HQs. Once the instruction/guidelines are received from the competent authority, applicant's case will be considered for MACP.

2. Counter affidavit was filed by the respondents on 06.04.2022 and there is nothing to indicate as to why inspite of notification being issued on 05.09.2016, administrative guidelines have not been issued till date.

Respondents to explain the position and also tell us as to why the instructions/guidelines have not been issued.

3. Let a copy of this order be furnished to the learned counsel for the respondents for necessary compliance.

4. List after 4 weeks. (JUSTICE RAJENDRA MENON) C}IAIRPERSON (LT GEN PM HARrZ) MEMBER (A) Mc/kk

GUWAHATI (Through Video-conferencing)

20. oA-1712021 Ex-Hony Nb Sub WNG Eliza Anal Applicant Versus Union of India & Ors. Respondents

: PK Garodia

CORAM:

ORDER

05.09.2022 Learned counsel for the respondents submits that he has filed the counter affidavit. However, the same is not available on record. Office to verify and place the same on record.

2. Let a copy of the counter affidavit filed by the respondents be served on the learned counsel for the applicant who will seek instructions and file rejoinder, if advised, within 6 weeks.

3. List the matter after 6 weeks.

CHAIRPERSON (LT GtrN PM HARIZ) MEMBER (A) Mc/kk

ARMED FORCES TRII}T]NAL REGIOI\AL I}ENCH GUWAHATI (Th rough Video-conferencin g)

21. oA-19/2020 Ex-Hony Nb Sub NL Angkhun Anal Versus

: PJ Barman

CORAM:

Applicant

ORDER

05.09.2022 As prayed for by the learned counsel for the applicant, list the matter after 4 weeks so as to enable him to file rejoinder, in the meantime. (JUSTICE RAJENDRA MENON) CHAIRPERSOI\ (LT GEN PM HARIZ) MEMBER (A) Mc/kk

GUWAHATI (Through Video-conferencin g) )) O A-2812020 rvith MA-20 12020 Ex-Sep (MT) Jahidul Islam Versus

: Zahangir Hussain (Legal Aid Counsel) Rupam Jyoti Shanna For the Respondent : PJ Barman

CORAM:

Applicant ..... Respondents HON'BLE MR JUSTICE RAJENDRA MENON, CHAIRPtrRSON HON'BLE LT GEN PM HARIZ, MEMBER(A)

ORDER

05.09.2022 Counter affidavit has been filed by the respondents. Counsel for the applicant seeks time to file rejoinder.4 week's time is granted to file rejoinder.

2. List in due course. (JUSTICE RAJENDRA MENON) CHAIRPERSOI\ (LT GBN PM HARIZ) MEMBER (A) Mc/kk

GUWAHATI (Through Video-conferencing)

23. O A-17 12020 with MA-10/20 Ex-Sub Henkholal Haokip Applicant Versus Union of India & Ors. Respondents

: P Sharma

CORAM:

I{ON'BLE, MR JUSTICE RAJENDRA MENON, CHAIRPERSON HON'BLE LT GEN PM HARIZ, MEMBER(A)

ORDER

05.09.2022 Counter affidavit filed by the respondents is not available on record. Office to verifu and place it on record.

2. Let a copy of the counter affidavit be served on the learned counsel for the applicant who may file rejoinder, if any, within 4 weeks. (JUSTICE RAJENDRA MENON) CHAIRPERSON (LT GEN PM HARIZ) MEMBER(A) Mc/kk

GUWAHATI (Th rou gh Video-conferencin g)

24. O A-23 /202 1 with N{{-l{lzl Ex-Nk Thngnei Pau Applicant Versus Union of India & Ors. ...... Respondents

: B Kumar

CORAM:

ORDER

05.09.2022 Counter affidavit has been filed by the respondents. Respondents have admitted with regard to availability of the Scheme for financial upgradation under MACP to DSC'personnel. However, the respondents submit that inspite of notification being issued on 05.09.2016 in this regard, administrative instructions /guidelines for implementation of the same is under preparation at Service HQs. Once the instruction/guidelines are received from the competent authority, applicant's case will be considered for MACP.

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2. There is nothing on record to indicate as to why inspite of notification being issued on 05.09.2016, administrative guidelines have not been issued till date. Respondents to explain the position and also tell us as to why the instructions/gr-ridelines have not been issued.

3. Counter affidavit filed by the respondents is not available on record. Office to verifl, and place it on record. Let a copy of the counter affidavit be served on the learned counsel for the applicant who may file rejoinder, if any, within 4 weeks.

CHAIRPERSON (LT GEN PM HArlrZ) MEMBER (A) Mc/kk

GUWAHATI (Through Video-conferencing)

25. OA-l 5/2019 with Nl.I^-zlllg Mrs Sonabi Begum Applicant Vcrsus

: Zahangir Hussain (Legal Aid Counsel) Moynul Hoque For the Respondent : PJ Barman

CORAM:

HON'BLE MR JUSTICE RAJENDRA MENON, CHAIRPERSON I{ON'BLE LT GEN PM HARIZ, MEMBER(A)

ORDER

0s.09.2022 4 weeks time is granted to the learned counsel for the applicant to file rejoinder.

2. List in due course. (JUSTICE RAJENDRA MENON) CHAIRPERSON (LT GEN PM HARIZ) MEMBER (A) Mc/kk

GUWAHATI (Through Video-conferencin g)

26. oA-09/2020 Ex-Rfn Sameer Gurung Versus Union of India & Ors. Applicant ..... Respondents.

: PJ Barman

CORAM:

HOI{'BLE MR JUSTICE RAJENDRA MENON, CHAIRPERSON HON'BLB LT GEN PM HARIZ,N{EI{BER(A)

ORDER

05.09.2022 4 weeks time is granted to the learned counsel for the applicant to file rejoinder.

2. List in due course. (JUSTICE RAJENDRA MENON) CHAIRPERSON (LT GEN PM HARIZ) MEMBER (A) Mc/kk

GUWAHATI (Through Video-conferencin g)

27. O A-27 12021 rvith MA-15/21 Ex-Hav Khaineimang Versus

For the Respondent : P Sharma

CORAM:

Applicant

ORDER

05.09.2022 Counter affidavit filed by the respondents is not available on record. Office to verify and place the same on record. Copy of counter affidavit be served on the learned counsel for the applicant, who, if advised, ffi&Y file rejoinder within 6 weeks.

2. List after 6 weeks. (JUSTICE RAJENDRA MENON) CHAIRPERSON (LT GEN PM HARIZ) MEMBER (A) Mc/kk

ARMED FORCES TRII}UNAL REGIONAL BEI{CH GUWAHATI (Th rough Vidco-conferencing)

28. oA-43t2019 Ex-Sub WS Wangam Anal Versus l]nion of India & Ors. Applicant

F'or the Applicant

: Deepanjali Bora

CORAM:

IIONI'BI-E MII JUSTICE RAJE]\DRA MENON, CHAIRPERSON IION'BLE, t,T GEN PM HARIZ, MEMBER(A)

ORDER

05.09.2022 Heard the lean-red counsel fbr the parties.

2. Pleadings are complete. Matter be listed for hearing in due course. (JUSTICE RAJEI\DRA MENON) CHAIRPERSON (LT GEN PM HARIZ) MEMBER (A) Mc/kk

ARMED FORCES TRIBUNAL REGIONAL I}ENCH GUWAHATI (Through Video-conferencing)

29. oA-45t20t9 Ex-Sub Langzathang Applicant Versus

Respondents

: PK Garodia

CORAM:

HON'BLE MR JUSTICE RAJENDRA MENON, CHAIRPERSON HON'BLE LT GEN PM HARTZ,I/IEM.BER(A)

ORDER

05.09.2022 Heard the learned counsel for the parlies.

2. Pleadings are complete. Matter be listed for hearing in due course. (JUSTICE RAJENDRA MENON) CHAIRPERSON (LT GEN PM HARIZ) MEMBER (A) Mc/kk

GUWAIIATI (Through Video-conferencin g)

30. oA-0912022 Ex-Nk Pram Prakash Tilvari Versus I]nion of India & Ors.

CORAM:

Applicant : AR r"hb,d;;" ResPondents : P Sharma HON'BLE MIT JUSTICE RAJENDRA MENON, CHAIRPERSON HON'BLE LT GEN PM HARIZ, MEMBER(A)

ORDER

05.09.2022 This application has been filed by the applicant praying for restoration of the Disability Element of Pension granted to the applicant, which was discontinued w.e.f. 23.01.2012. However, today when the matter is taken up for hearing, AR Tahbildar, learned counsel for the applicant has informed the Court that after filing of the application and on receipt of notice, the payrnent of disability element of pension has been restored and arrear has been paid. However, he submits that it was discontinued w.e.f. 23.01.2021 and for the iast 10 years, the applicant was deprived of the pensionary benefits and as such he is entitled to interest on delayed payment.

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2. Accordingly, today prayer has been made by the leamed counsel for the applicant that the respondents may be directed to pay the interest on the delay to release the disability element of pension.

3. Respondents are directed to show cause as to why relief as prayed for will not be granted to the applicant as shown in Para 8 of the application, within 6 weeks.

4. Let a copy of this order be served on the respondents for their response. (JUSTICE RAJEI\DRA MENON) CHAIRPERSON

MEMBER (A) Mc/kk

GUWAHATI (Th rough Video-conferencing)

31. CA-01/2020 in oA-0512017 Ex-Sep Paokholun Applicant Versus

: B Kumar

CORAM:

HON'BLE MR JUSTICE RAJENDRA MENON, CHAIRPERSON HON'BLE LT GBN PM HARIZ, MEMBER(A)

ORDER

05.09.2022 Leamed counsel for the respondents seek one week time to file affidavit with regard to payment to the applicant.

2. Compliance repoft be filed within one week from today.

3. List in due course. (JUSTICE RAJENDRA MENON) CIIAIRPERSON (LT GEN PM HARIZ) MEMBER (A) Mc/kk

GUWAHATI (Th rou gh Video-conferencin g)

32. MA (Exe) -01/2019 in OA (A)-2912014 Ex-Rfn Satish Kr Shukla Versus

: Vipin Kumar For the Respondent : Deepanjali Bora

CORAM:

Applicant

HON'BLE LT GEN PM HARIZ,M.E:]I{BER(A)

ORDER

05.09.2022 Learned counsel for the applicant seeks time to file rejoinder. Prayer is allowed. 3 weeks time is granted to file rejoinder.

2. List in due course. (JUSTICE RAJENDRA MENON) CHAIRPERSON (LT GEN PM HARIZ) MEMBER (A) Mc/kk

GUWAHATI (Through Video-conferencing)

33. CA-0212020 in OA-37/18 Smt Yumlembam Geeta Leima Applicant Versus

For the Applican t : AR Tahbildar Pompi Dutta Dhar For the Respondent : PK Garodia

CORAM:

ORDER

05.09.2022 It is admitted position that the order passed by this Tribunal on 22.02.2019 in OA No. 3712018 been complied with.

2. In view of the above, contempt proceedings are closed and matter stands disposed of. (JUSTICE RAJENDRA MENON) CHAIRPERSON (LT GEN PM HARIZ) MEMBER (A) Mc/kk

-/ ARMED FORCES TRIBUI\AL REGIONAL BENCH GUWAHATI (Th rough Video-conferencin g)

34. CA-0212021 (in OA-34117) Capt Vyom Kumar (Retd) Versus

Applicant For the Respondent : B Kumar

CORAM:

HON'BLE MR JUSTICE RAJENDRA MENON, CHAIRPERSON HOI{'BLE LT GEN PM HARIZ, MEMBER(A)

ORDER

05.09.2022 B. Kumar, learned counsel for the respondents has submitted that the order passed by the Tribunal on 09.08.2019 in OA-3412017 has been complied with and PPO has been issued and nothing survives.

2. However, learned counsel fo, ,fr. applicant has rebutted the same. Leamed counsel for the applicant is directed to file affidavit in rebuttal of the submission of learned counsel for respondents failing which we will dispose of the matter.

3. 2 weeks time is granted to file affidavit by the leamed counsel for the applicant. Respondents : Rupam Jyoti Sharma

4. List in due course.

CHAIRPERSON (LT GEN PM HARIZ) MEMBER (A) Mc/kk

GUWAHATI (Th rough Video-conferencin g)

35. CA-01/2021 in oA-1212019 Ex-Sub Khamchinkhap Zou Applicant Versus

: B Kumar

CORAM:

ORDER

05.09.2022 Compliance report is not yet filed by the respondents.

2. As a matter of last of indulgence, 4 weeks time is granted to the respondents to comply with the order dated 03.02.2020 passed by the Tribunal in OA-1212019, failing which coercive action will be taken against the respondents.

3. List after 4 weeks. (JUSTICE RAJENDRA MENON) CHAIRPERSON (LT GEN PM HARIZ) MEMBER (A) Mc/kk

GUWAHATI (Through Video-conferencing)

36. MA(Exe) -1312021 in 0A-2312019 Ex-Sgt Ananta Mahisaya Das Versus Union of India & Ors. Applicant

: PJ Barman

CORAM:

ORDER

05.09.2022 From the communication dtd 1 6.06.2022, filed by the Office of the Indian Army Headquarters, New Delhi, it is seen that the issue is pending for finalization before the respondent No. 4.

2. Respondent No. 4 is accordingly directed to take necessary action to release the payment to the applicant as per order dtd. 03 .02.2020 passed by the Tribunal in OA-2312019, failing which coercive action will be taken against respondent No. 4 for non-compliance of the order.

') 'L-

3. List after 4 weeks.

CHAIRPERSON (LT GEN PM HARIZ) MEMBER (A) Mc/kk

GUWAHATI (Th rough Video-conferencin g)

37. 0A-2812021 with NIA-1612021 Ex-Sub WS Wangam Anal Versus

: Pranjal Sharma

CORAM:

Applicant

HON'BLE LT GBN PM HARIZ, MEMBER(A)

ORDER

05.09.2022 Learned counsel for the respondents submits that he will file the counter affidavit within one week. He may do so with a copy to AR Tahbildar, learned counsel for the applicant.

2. AR Tahbildar, leamed counsel for the applicant may file rejoinder within 4 weeks.

3. List after 4 weeks. (JUSTICE RAJENDRA MENON) CHAIRPERSON (LT GEN PM HARIZ) MEMBER (A) Mc/kk

GUWAHATI (Th rough Video-conferencing)

38. oA-2912021 Ex-MWO (Hony Fg Offr) Nityananda Saikia Applicant Vcrsus

: PJ Barman

CORAM:

HON'BLE MR JIJSTICE RAJENDRA MENON, CHAIRPE,RSON HON'BLE, LT GEN PM HARIZ, MEMBER(A)

ORDER

05.09.2022 Counter affidavit on behalf of respondents No. 1 to 4 has been filed and is available on record.

2. AR Tahbildar, learned counsel for the applicant wants to file rejoinder. 4 weeks time is granted to do so.

List after 4 weeks. (JUSTICE RAJENDRA MENON) CTIAIRPERSON (LT GEN PM HARIZ) MEMBER (A) Mc/kk

GUWAHATI (Through Video-conferencing)

39. oA-01/2022 Ex-Hav ([Iony Nb Sub) Hira Nath Das Applicant Versus

: PK Garodia

CORAM:

HON'BLE MR JUSTICE RAJENDRA MEI\ON, CHAIRPERSON HON'BLE LT GEN PM HARIZ, MEMBER(A)

ORDER

0s.09.2022 Counter affidavit has been filed.

2. Leamed counsel for the respondents has pointed out that there are certain typographical errors in Para 3 of the counter affidavit with regard to the date of discharge from service and he seeks 2 weeks time to correct the same. Prayer is allowed.

2. AR Tahbildar, learned counsel for the applicant, if advised, may file re.f oinder within 4 weeks.

3. List after 4 weeks.

CHAIRPERSON (LT GEN PM HARIZ) MEMBER (A) Mc/kk

GUWAHATI (Through Video-conferencin g)

40. 0A-03/2022 with M.A-01122 Ex-Sub Sati Mohan Sinha APPlicant Versus Union of India & Ors. .... Respondents For the Applicant : Girish Kumar Gupta For the Respondent : P Sharma

CORAM:

HON'BLE MR JUSTICE RAJENDRA MENON, CIIAIRPERSON HON'BLE LT GEN PM HARTZ,M.EI{BER(A)

ORDER

05.09.2022 Learned counsel for the respondents seeks 4 weeks further time to file counter affidavit. Prayer is allowed.

2. List after 4 weeks. (JU S TI C E RAJ END RAPYHilT)

MEMBER (A) Mclkk

GUWAHATI (Through Video-conferencin g)

41. oA-0412022 Ex-Hav Lamkhomang Versus Union of India & Ors. Applicant

: PK Garodia

CORAM:

HON'BLE MR JUSTICE RAJENDRA MENON, CIIAIRPERSON HON'BLE LT GEN PM HARIZ, MEMBER(A)

ORDER

05.09.2022 4 weeks time is granted to the respondents to file counter affidavit. Copy of the counter affidavit be served to AR Tahbildar, learned counsel for the applicant, who may file rejoinder, if advised, within 2 weeks.

2. List after 4 weeks. (JUSTICE RAJENDRA MENON) CHAIRPERSON (LT GEN PM HARIZ) MEMBER (A) Mc/kk

RBGIONAL BENCH GUWAHATI (Through Video-conferencing)

42. oA-0512022 Ex-Hony Nb Sub Lhunkhogin Versus Union of India & Ors. Applicant

: PK Garodia

CORAM:

ORDER

05.09.2022 4 weeks time is granted to the respondents to file counter affidavit. Copy of the counter affidavit be served to AR Tahbildar, leamed counsel for the applicant, who may file rejoinder, if advised, within 2 weeks.

2. List after 4 weeks. (JUSTTCE RAJENDRA MENON) CHAIRPERSON (LT GEN PM HARIZ) MEMBER (A) Mc/kk

GUWAHATI (Through Video-conferencing)

43. oA(A)-06/2022 Ex-Rfn Anil Chandra Nath Applicant Versus

: Vipin Kumar B Pathak For the Respondent : Deepanjali Bora

CORAM:

ORDER

05.09.2022 Learned counsel for the respondents seeks 4 weeks time to file counter affidavit. He is allowed to do so.

2. List after 4 weeks. (JUSTICB RAJE|{DRA MENON) CHAIRPERSON (LT GEN PM HARIZ) MEMBER (A) Mc/kk

ARMED FORCES TRIBUNAL REGIONAL BEI\CH GUWAHATI (Th rough Video-conferencin g)

44. oA-07 t2022 Ex-Rfn Birendra Singh Applicant Versus

: Vipin Kumar B Pathak For the Respondent : Deepanjali Bora

CORAM:

HON'BLE MR JUSTICE RAJENDRA MBNON, CHAIRPERSON HON'BLE LT GEN PM HARIZ, MEMBER(A) ORDBR 0s.09.2022 6 weeks further time is granted to the learned counsel for the respondents to file counter affidavit.

2. List alter 6 weeks. (JUSTICE RAJENDRA MENON) CHAIRPERSON (LT GEN PM IIARIZ) MEMBER (A) Mc/kk

ARMED FORCES TRIBUNAL REGIONAL BENCII GUWAIIATI (Through Video-conferencin g)

45. OA-0 8/2 0 22 w ith M A-02 122 Ex-Sep SR Thungshel Anal Versus

Applicant

: Deepanjali Bora

CORAM:

ORDER

05.09.2022 Learned counsel for the respondents submits that she will file counter affidavit within 4 weeks. Prayer is allowed.

2. List alter 4 weeks. (JUSTICE RAJENDRA MENON) CHAIRPERSON (LT GEN PM HARIZ) MEMBER (A) Mc/kk

GUWAHATI (Through Video-conferencing)

46. oA-10/2022 Ex-Sep LH Beloveson Anal Versus Union of India & Ors. Applicant

: AR Tahbiidar For the Respondent : PJ Barman

CORAM:

HON'BLE MR JUSTICB RAJBNDRA MENON, CHAIRPERSON HON'BLE LT GEN PM HARTZ,MEMBER(A)

ORDER

05.09.2022 Counter affidavit has been filed by the respondents. AR Tahbildar, learned counsel for the applicant seeks 4 weeks time to file rejoinder. Prayer is allowed.

2. List after 4 weeks. (JUSTICE RAJENDRA MENON) C}IAIRPBRSON (LT GEN PM HARIZ) MEMBER (A) Mc/kk

GUWAHATI (Through Video-conferencin g)

47. oA-1112022 Ex-Sub Thangtinmang Kuki Applicant Versus

: PK Garodia

CORAM:

HON'BLE MR JUSTICE RAJBNDRA MENON, CHAIRPERSON HON'BLE LT GEN PM IIARIZ, MEMBER(A)

ORDER

05.09.2022 Learned counsel for the respondents submits that he will file the counter affidavit within one week. He is allowed to do so.

2. AR Tahbildar, learned counsel for the applicant may file rejoinder, if advised, within 4 weeks.

3. List after 4 weeks. (JUSTICE RAJENDRA MENON) CHAIRPERSON (LT GEN PM HARIZ) MEMBER (A) Mc/kk

GUWAHATI (Th rough Video-conferencin g)

48. oA-tz12022 Lt Col Surajit Sinha RoY APPlicant Versus Union of India & Ors. ""' Respondents For the Applicant : Ashim Charnuah K Barpuzari PK BhuYan SD ItoY D Das For the Respondent : PJ Barman CORANI:

ORDER

05.09.2022 Learned counsel for the applicant seeks time to tile rejoinder affidavit. Prayer is allowed and 4 weeks time is granted for filing the rejoinder affidavit.

2. List after 4 weeks. (JUSTICE RAJENDRA MENON) CHAIRPERSON (I,T GEN PM }IARIZ) MEMBER (A) Mc/kk

GUWAHATI (Th rough Video-conferencing)

49. oA-13t2022 Ex-SWR Sukumar Roy Applicant Versus Union of India & Ors. Respondents For the Applicant : Rupam Jyoti Sharma Nisha Moni Borah For the Respondent : B Kumar

CORAM:

HON'BLE MR JUSTICE RAJENDRA MENON, CHAIRPERSON HON'BLE LT GEN PM HARTZ,}|4EI.,.BER(A)

ORDER

05.09.2022 I-earned counsel for the respondents prays for one week time to file counter affidavit. Prayer is allowed.

2. List in due course.

CHAIRPERSON (LT GEN PM HARIZ) MEMBER (A) Mc/kk

GUWAHATI (Th rou gh Video-conferencin g)

50. oA-1412022 Itect/MT Chandeep Kr Baitha Applicant Versus

: Hariom Gupta RK Singh For the Respondent : PJ Barman

CORAM:

I{ON'BLE MR JUSTICE RAJENDRA MENON, CIIAIRPERSON I{ON'BLE, LT GEN PM HARIZ, MEMBER(A)

ORDER

05.09.2022 As prayed for, 6 weeks tirne is granted to the learned counsel for the respondents to file counter affidavit.

2. List in due course. (JUSTICE RAJENDRA MENON) CHAIRPERSON (LT GEN PM HARIZ) MEMBER (A) Mc/kk

ARMED FORCES TRIBIJNAL REGIONAL BENCH GUWAHATI (Th rough Video-conferencing)

51. oA-1s12022 Rect Rohit Kr Yadav APPlicant Versus

: Hariom GuPta RK Singh For the Respondent : PJ Bannan

CORAM:

HON'BLE MR JUSTICE RAJENDRA MENON, CHAIITPERSON HON'BLE LT GEN PM HARIZ, MEMBER(A)

ORDER

05.09.2022 Let a copy of the counter affidavit filed by the respondents be served upon the learned counsel for the applicant. Learned counsel representing the applicant may file rejoinder, if idvised, within one week.

2. List in due course. (JUSTICE RAJENDRA MENON) CHAIRPERSON

MEMBER (A) Mc/kk

GUWAHATI (Th rough Video-conferen ci ng)

52. oA-1612022 Rect VipinYadav APPIicant Versus

: Hariom GuPta RK Singh For the Respondent : PJ Barman

CORAM:

ORDER

05.09.2022 Let a copy of the counter affidavit filed by the respondents be served upon the learned counsel for the applicant. Learned counsel representing the applicant may file rejoinder, if advised, within one week.

2. List in due course. (JU STICE RAJENDRA MENON) CHAIRPERSON (LT GEN PM HARIZ) MEMBER (A) ' Mc/kk

GUWAHATI (Through Video-conferencin g)

53. oA-1712022 Rect Mithilesh Kr Yadav APPlicant Versus Union of India & Ors"

: Hariom GuPta RK Singh For the Respondent : B Kumar

CORAM:

ORDER

05.09.2022 Let a copy of the counter affidavit filed by the respondents be served upon the learned counsel for the applicant. Learned counsel representing the applicant may file rejoinder, if advised, within one week.

2. List in due course. (JUSTICB RAJBNDRA MENON) CHAIRPERSON (LT GEN PM HARIZ) MEMBER (A) Mc/kk

ARMED FOITCES TRIBUNAL REGIONAL BENCH GUWAHATI (Th rou gh Video-co nferencin g)

54. oA-18t2022 RectlBR/MT Brijesh Kr Yadav Applicant Versus

: Hariom Gupta RK Singh For the Respondent : B Kumar

CORAM:

ORDER

05.09.2022 Let a copy of the counter affidavit filed by the respondents be served upon the learned counsel for the applicant. Learned counsel representing the applicant may file rejoinder, if advised, within one week.

2. List in due course. (JUSTICE RAJENDRA MENON) CHAIRPERSON (LT GEN PM HARIZ) MEMBER (A) Mcikl<

GUWAHATI (Through Video-conferencin g)

55. oA-1912022 Rect/Dvr/MT Rahul Singh Yadav Applicant Versus Union of India & Ors. Respondents For the Applicant : Hariom Gupta RK Singh For the Respondent : B Kumar

CORAM:

HON'BLE MR JUSTICE RAJENDRA MENON, CI{AIRPERSON HON{',BLE LT GEI{ PM HARIZ, MEMBER(A)

ORDER

05.09.2022 Let a copy of the counter affidavit filed by the respondents be served upon the learned counsel for the applicant. Leamed counsel representing the applicant may file rejoinder, if advised, within one week.

2. List in due course. (JUSTTCE RAJENDIIA MENON) CHAIRPERSON

MEMBER (A) Mc/kk

ARMED FOITCES TRIBUNAL REGIONAL I}ENCH GUWAHATI (Throu gh Video-conferencin g)

56. oA-46/20t8 Smt Vanlalremruati Versus Union of India & Ors. Applicant ..... Respondents For thc Applicant : Anil Rinliana Malhotta & Associates For the Respondent : PJ Barman

CORAM:

ORDER

0s.09.2022 Counter affidavit has been filed by the respondents. Learned counsel for the applicant may file rejoinder, if advised, within 4 weeks.

2. List in due course. (JUSTICE RAJENDRA MENON) CHAIRPERSON (LT GEN PM HARIZ) MBMBER (A) Mc/kk

ARMED FORCES TRIBUNAL REGIONAL BE,NCH GUWAHATI (Through Video-conferencin g)

57. oA-45/2018 Smt Nupuii Renghlei Applicant Versus Union of India & Ors. Respondents For the Applicant : Anil Rinliana Malhotra & Associates

: B Kumar

CORAM:

ORDER

05.09.2022 Counter affidavit has been filed by the respondents. Learned counsel for the applicant may file rejoinder, if advised, within 4 weeks.

2. List in due course. (JUSTICE RAJENDRA MENON) CHAIRPERSON (LT CEN PM HARrZ) MEMBER (A) Mc/kk

GUWAHATI (Through Video-conferencin g)

58. oA-4412018 Smt Lalbiaksangi Versus Union of India & Ors. Applicant

: Anil Rinliana Malhotra & Associates For the Respondent : Deepanjali Bora

CORAM:

ORDER

0s.09.2022 Counter affidavit has been filed by the respondents. Learned counsel for the applicant rnay file rejoinder, if advised, within 4 weeks.

2. List in due course. (JUSTICE RAJENDRA MENON) CHAIRPERSON (LT GEN PM HARIZ) MEMBER (A) Mc/kk

ARMED FORCES TRII}UNAL REGIONAL BENCH GUWAHATI (Through Video-conferencing)

59. oA-s6/2019 Ex-LAC Dwipjyoti Talukdar ..... Applicant Versus Union of India & Ors. Respondents

: Abhishek Mishra For the Respondent : P Sharma

CORAM:

HON'BLE MR JUSTICE RAJEI\DRA MEI{ON, CHAIRPERSON HOI{'BLE LT GEN PM IIARIZ, MEMBER(A) ORDEIT 05.09.2022 P Sharma, learned counsel for the respondents submits that tl"rey will file additional affidavit as indicated in the order dated 30.05.2022 within 2 weeks. Prayer is allowed.

2. List in due course. (JUSTICE RAJENDRA MENON) CHAIRPERSON (LT GEN PM HARIZ) MEMBER (A) Mc/kk

REGIONAL BENCII CUWAHATI (Th rough Video-conferencin g)

60. 0A.-06/2018 Ex-Sep Kongniyang Doko Versus

: P Sharma

CORAM:

Applicant

HON'BLE LT GEN PM HARIZ, MBMBER(A)

ORDER

05.09.2022 Counter affidavit has not been filed by the respondents. They may do so within 4 weeks.

2. List in due course. (JUSTICE RAJENDRA MENON) CHAIRPERSON (LT GEN PM IIARIZ) MEMBER (A) Mc/kk