Armed Forces Tribunal
Judgment & Order dated 02 Nov 2021 on 2 November 2021
GUWAHATI
(Through Video-conferencing)
1.
OA 19/2021
Ex Hav Suresh Ch. Borah
.... Applicant
Versus
Union of India & Ors.
.... Respondents
For the Applicant
:
Mr. A. R. Tahbildar, Advocate
For the Respondents
:
OIC, Legal Cell
CORAM:
HON’BLE MR JUSTICE REJENDRA MENON, CHAIRPERSON
HON’BLE LT GEN P.M.HARIZ, MEMBER(A)
O R D E R
02.11.2021
Issue notice. OIC, Legal Cell accepts notice on behalf of the respondents. Let counter affidavit be filed within four weeks. Rejoinder, if any, be filed within two weeks thereafter.
2. List the matter thereafter.
CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
Page 1 of 36
GUWAHATI
(Through Video-conferencing)
2. MA (E) 13/2021 IN OA 23/2019
Ex Sgt Ananta Mahisaya Das
..... Applicant Versus Union of India & Ors.
..... Respondents
For Applicant
: Mr. A. R. Tahbildar, Advocate For Respondents
: Mr. P. J. Barman, Advocate
CORAM:
HON’BLE MR JUSTICE REJENDRA MENON, CHAIRPERSON HON’BLE LT GEN P.M.HARIZ, MEMBER(A)
O R D E R
02.11.2021
We find that the speaking order has not been passed in light of the directions issued by this Tribunal on 03.02.2020 in M.A(E) 13/2021 arising out of O.A No.23 of 2019. In Para 5 of the order passed, after considering the statutory regulations and the law laid down by the Hon’ble Supreme Court in the case of Union of India and another v. Surender Singh Parmar (C.A No. 9389 of 2014 decided on 20.01.2015), directions were issued to decide the case of the applicant in terms of the aforesaid judgment of the Apex Court rendered in the case of Surender Singh Parmar (supra) and in para 4 of the Judgement, payment of arrears were to be restricted to three years from the date of filing of the O.A i.e. 11.06.2020. But instead of deciding the case in accordance with the direction issued, respondents vide Annexure C dated 24.03.2020 have passed a speaking order rejecting the claim of the applicant.
2. Prima facie, we find that this action of the respondents is nothing but an attempt to overreach the order of this Tribunal and to somehow act as if the authority is an appellate authority to the Tribunal. We do not appreciate the aforesaid action. However, before taking any coercive action in the matter, we issue notice to the respondents to show cause within four weeks, as to why they have not complied with the directions issued by us and how the action taken by them is justified.
3. List after four weeks.
CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
Page 2 of 36
GUWAHATI
(Through Video-conferencing)
3. OA 18/2020 WITH MA 11/2020
Ex Nk Henkhosei Kuki
..... Applicant Versus Union of India & Ors.
..... Respondents
For Applicant
: Mr. A. R. Tahbildar, Advocate For Respondents
: Mr. P. Sharma, Advocate
CORAM:
HON’BLE MR JUSTICE REJENDRA MENON, CHAIRPERSON HON’BLE LT GEN P.M.HARIZ, MEMBER(A)
O R D E R
02.11.2021
In spite of notice, the respondents have not filed their counter affidavit. Further four weeks’ time is granted to file counter affidavit, failing which we will proceed with the matter in accordance with law without granting any further time.
2. List the matter after four weeks.
CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
Page 3 of 36
GUWAHATI
(Through Video-conferencing)
4. OA 05/2021 WITH MA 06/2021
Ex Nk Kolni Anal
..... Applicant Versus Union of India & Ors. ..... Respondents
For the Applicant
: Mr. A. R. Tahbildar, Advocate For the Respondents : Mr. P. K. Garodia, Advocate
CORAM:
HON’BLE MR JUSTICE REJENDRA MENON, CHAIRPERSON HON’BLE LT GEN P.M.HARIZ, MEMBER(A)
O RD E R 02.11.2021
Learned counsel for the respondents submits that the counter affidavit is ready and would be filed during the course of the day. A copy of the same be served on the learned counsel for the applicant.Rejoinder, if any, be filed within four weeks.
2. List the matter thereafter for further orders.
CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
Page 4 of 36
GUWAHATI
(Through Video-conferencing)
5. OA 06/2021 WITH MA 07/2021
Ex Sep SR Warhring Anal
..... Applicant Versus Union of India & Ors.
..... Respondents
For the Applicant
: Mr. A. R. Tahbildar, Advocate For the Respondents : Ms. Dipanjali Bora, Advocate
CORAM:
HON’BLE MR JUSTICE REJENDRA MENON, CHAIRPERSON HON’BLE LT GEN P.M.HARIZ, MEMBER(A)
O R D E R
02.11.2021
Learned counsel for the respondents prays for four weeks’ time to file counter affidavit. Time is granted. Rejoinder, if any, be filed within two weeks thereafter.
2. List the matter thereafter.
CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
Page 5 of 36
GUWAHATI
(Through Video-conferencing)
6. OA 07/2021
Ex Hony Nb Sub Khamkho Kam ..... Applicant Versus Union of India & Ors.
….. Respondents
For the Applicant
: Mr. A. R. Tahbildar, Advocate For the Respondents : Mr. B. Kumar, Advocate
CORAM:
HON’BLE MR JUSTICE REJENDRA MENON, CHAIRPERSON HON’BLELT GEN P.M.HARIZ, MEMBER(A)
ORDER
02.11.2021
Learned counsel for the respondents prays for four weeks’ time to file counter affidavit. Time is granted. Rejoinder, if any, be filed within two weeks thereafter.
2. List the matter thereafter.
CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
Page 6 of 36
GUWAHATI
(Through Video-conferencing)
7. OA 10/2021
Ex Nk Lalzathang
..... Applicant Versus Union of India & Ors.
..... Respondents
For the Applicant
: Mr. A. R. Tahbildar, Advocate For the Respondents : Mr. B. Kumar, Advocate
CORA : HON’BLE MR JUSTICE REJENDRA MENON, CHAIRPERSON HON’BLE LT GEN P.M.HARIZ, MEMBER(A)
O R D E R
02.11.2021
Learned counsel for the respondents prays for four weeks’ time to file counter affidavit. Time is granted. Rejoinder, if any, be filed within two weeks thereafter.
2. List the matter thereafter.
CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
Page 7 of 36
GUWAHATI
(Through Video-conferencing)
8. OA 11/2021 WITH MA 09/2021
Ex Rect Hulang AK Roel Anal
..... Applicant Versus Union of India & Ors.
..... Respondents
For the Applicant
: Mr. A. R. Tahbildar, Advocate For the Respondents : Mr. P. K. Garodia, Advocate
CORAM:
HON’BLE MR JUSTICE REJENDRA MENON, CHAIRPERSON HON’BLE LT GEN P.M.HARIZ, MEMBER(A)
O R D E R
02.11.2021
Learned counsel for the respondents prays for four weeks’ time to file counter affidavit. Time is granted. Rejoinder, if any, be filed within two weeks thereafter.
2. List the matter thereafter.
CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
Page 8 of 36
GUWAHATI
(Through Video-conferencing)
9. OA 13/2021 WITH MA 10/2021
Ex Sep Jamkho Gam ..... Applicant Versus Union of India &Ors.
.....
Respondents
For the Applicant
: Mr. A. R. Tahbildar, Advocate For the Respondents : Ms. Dipanjali Bora, Advocate
CORAM:
HON’BLE MR JUSTICE REJENDRA MENON, CHAIRPERSON HON’BLE LT GEN P.M. HARIZ, MEMBER (A)
O R D E R
02.11.2021
Learned counsel for the respondents prays for four weeks’ time to file counter affidavit. Time is granted. Rejoinder, if any, be filed within two weeks thereafter.
2. List the matter thereafter.
CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
Page 9 of 36
GUWAHATI
(Through Video-conferencing)
10. OA 14/2021
Ex Nk Haokhosiam
..... Applicant Versus Union of India & Ors.
.... Respondents
For the Applicant
: Mr. A. R. Tahbildar, Advocate For the Respondents : Ms. Dipanjali Bora, Advocate
CORAM:
HON’BLE MR JUSTICE REJENDRA MENON, CHAIRPERSON HON’BLE LT GEN P.M. HARIZ, MEMBER (A)
O R D E R
02.11.2021
Learned counsel for the respondents prays for four weeks’ time to file counter affidavit. Time is granted. Rejoinder, if any, be filed within two weeks thereafter.
2. List the matter thereafter.
CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
Page 10 of 36
GUWAHATI
(Through Video-conferencing)
11. OA 15/2021 WITH MA 11/2021
Smt Phalunching
..... Applicant Versus Union of India & Ors.
..... Respondents
For the Applicant
: Mr. A. R. Tahbildar, Advocate For the Respondents : Mr. P. J. Barman, Advocate
CORAM:
HON’BLE MR JUSTICE REJENDRA MENON, CHAIRPERSON HON’BLE LT GEN P.M.HARIZ, MEMBER(A)
O R D E R
02.11.2021
Counter affidavit has been filed only with regard to condonation of delay sought for in M.A 11/2021. Considering the fact that the applicant is seeking family pension and the claim for pension being a continuing right, we see no reason to dismiss the O.A,at this stage, on the ground of delay. At the time of granting relief, the question of arrears would be considered after hearing all concerned. Therefore, we condone the delay in filing the application.
2. M.A 11/2021 stands allowed.
3. Further four weeks’ time is granted to the respondents to file counter affidavit in the O.A.
CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
Page 11 of 36
GUWAHATI
(Through Video-conferencing)
12. OA 18/2021 WITH MA 12/2021
Ex Hony Nb Sub Uttam Chandra Medhi
..... Applicant Versus Union of India & Ors.
..... Respondents
For the Applicant
: Mr. A. R. Tahbildar, Advocate For the Respondent : Ms. Dipanjali Bora, Advocate
CORAM:
HON’BLE MR JUSTICE REJENDRA MENON, CHAIRPERSON HON’BLE LT GEN P.M.HARIZ, MEMBER(A)
O R D E R
02.11.2021
The respondents have not filed counter affidavit. As a matter of last indulgence, further four weeks’ time is granted to file the counter affidavit, failing which the matter will be decided on the basis of the material available on record.
2. List the matter after four weeks.
CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
Page 12 of 36
GUWAHATI
(Through Video-conferencing)
13. RA 02/2021 WITH MA 04/2021
Smt Shashima Kalita
..... Applicant Versus Union of India & Ors.
..... Respondents
For the Applicant
: Mr. M. J. Quadir, Advocate For the Respondent : Ms. Dipanjali Bora, Advocate
CORAM:
HON’BLE MR JUSTICE REJENDRA MENON, CHAIRPERSON HON’BLE LT GEN P.M.HARIZ, MEMBER(A)
O R D E R
02.11.2021
This is an application for review of the order dated 14.12.2016 passed in O.A No. 27 of 2016. In the M.A, a prayer has been made for condonation of delay. The issue with regard to powers available to this Tribunal for condoning the delay is pending consideration on a reference made to the third Member. The decision is awaited.
2. List after six weeks.
CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
Page 13 of 36
GUWAHATI
(Through Video-conferencing)
14. OA 08/2021 WITH MA 08/2021
Ex Nk (TS) P Thangcha Gangte
..... Applicant Versus Union of India & Ors.
..... Respondents
For Applicant
: Mr. A. R. Tahbildar, Advocate For Respondents
: Mr. P. K. Garodia, Advocate
CORAM:
HON’BLE MR JUSTICE REJENDRA MENON, CHAIRPERSON HON’BLE LT GEN P.M.HARIZ, MEMBER(A)
O R D E R
02.11.2021
Pleadings are complete. Even though counter affidavit has been filed by the respondents, copy of the same has not been supplied to the learned counsel for the applicant. Learned counsel for the respondents may supply a copy of the same to the learned counsel for the applicant during the course of the day. Rejoinder, if any, be filed within four weeks.
2. List the matter for hearing in the next sitting in December, 2021.
CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
Page 14 of 36
GUWAHATI
(Through Video-conferencing)
15. CA 02/2020 IN OA 37/2018
Smt Yumlembam Geeta Leima
..... Applicant Versus Union of India & Ors.
..... Respondents
For the Applicant
: Mr. A. R. Tahbildar, Advocate For the Respondent : Mr. P. K. Garodia, Advocate
CORAM:
HON’BLE MR JUSTICE REJENDRA MENON, CHAIRPERSON HON’BLE LT GEN P.M.HARIZ, MEMBER(A)
O R D E R
02.11.2021
In spite of detailed order passed on 27.07.2021, it is stated in this case, which is a contempt application, an order passed in O.A No. 37 of 2018 way back on 22.02.2019, has not been complied with. The matter pertains to grant of pensionary benefits to the wife and compensation to her daughter, for reasons indicated in the application. When the matter was taken up on 27.07.2021, we were informed that the order had not been complied with as the respondents proposed to file a Special Leave Petition before the Hon’ble Supreme Court and in anticipation of filing the SLP, they sought time. In Para 2, we had specifically observed that we do not appreciate the manner in which the respondents are taking action in the matter. It was indicated by us that even if the respondents proposed to file a SLP before the Hon’ble Supreme Court, nothing prevents them from implementing the order and thereafter approaching the SC to seek appropriate relief as may be permissible. We had directed the respondents to comply with the order and file a compliance report within four weeks. We have also indicated that failure to file the compliance report we would be compelled to take coercive action.
Page 15 of 36
2. Today, when the matter was taken up after three months, learned counsel for the respondents has again sought time stating that the matter has been referred to the Ministry of Defence for instructions and no instructions have so far been received. Taking note of the manner in which the respondents are proceeding with the matter, we direct issuance of notice to Respondent No. 1 and the competent authority of the department viz. Respondent Nos. 2 and 3 in O.A No. 37 of 2018 along with a certified copy of this order, so that the facts of the case are brought to the notice of Respondent No. 1 in this application and Respondent Nos. 2 and 3 in O.A No. 37 of 2018 and we request them to ensure that the order passed by us is implemented within four weeks and a compliance report is filed, failing which we will proceed with the matter for taking contempt of court action against all responsible persons. We are constrained to pass such order on account of the fact that day in and day out in at least 10 to 15 cases every day which come before the Tribunal we find that the orders passed by this Tribunal are not being implemented and particularly in the matter of grant of pay and allowances to the employees who had retired even after the delay of more than about a year the order has not been complied with. Faced with this situation and finding this case to be a typical case of breach of directions issued by this Tribunal, we are constrained to issue notice not only to the Defence Secretary but also the Chief of Army Staff, so that the manner in which the cases of this Tribunal after orders are passed are being dealt with are brought to their notice. In case the respondents do not comply with the order by the next date, the officers concerned will be summoned to appear personally before the Principal Bench of the Tribunal at New Delhi for taking further action in the matter.
3. Even though the OIC Legal Cell appeared before us today during the course of hearing and indicated that the papers have been forwarded for settlement of the claim, we are not satisfied with only forwarding the papers and not responding to our queries for more than three months. We want positive action to be taken particularly in case of settlement of pensionary claim of dependents of the employees and therefore even though OIC Legal Cell may be justified in making submission that action is under way but in view of inordinate delay not only in this case but in most of cases that come before us, we are constrained to pass this order.
4. List after six weeks.
CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
Page 16 of 36
GUWAHATI
(Through Video-conferencing)
16. CA 01/2021 IN OA 12/2019
Ex Sep Khamchinkhap Zou
.....
Applicant Versus Union of India & Ors.
..... Respondents
For the Applicant
: Mr. A. R. Tahbildar, Advocate For the Respondents : Mr. B. Kumar, Advocate
CORAM:
HON’BLE MR JUSTICE REJENDRA MENON, CHAIRPERSON HON’BLE LT GEN P.M.HARIZ, MEMBER(A)
O R D E R
02.11.2021
Despite the fact that the R.A filed in the matter has already been dismissed on 27.07.2021 and six weeks’ time was granted to the respondents to comply with the order, the order has not been complied with. As prayed by the learned counsel for the respondents, four weeks’ further time is granted to comply with the order, failing which coercive action would be taken.
2. List after four weeks.
CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
Page 17 of 36
GUWAHATI
(Through Video-conferencing)
17. OA (A) 18/2019 WITH MA 14/2019
Ex Rfn (GD) Bikram Singh
.....
Applicant Versus Union of India & Ors.
..... Respondents
For the Applicant
: Mr. R. Mazumdar, Advocate For the Respondents : Mr. P. Sharma, Advocate
CORAM:
HON’BLE MR JUSTICE REJENDRA MENON, CHAIRPERSON HON’BLE LT GEN P.M.HARIZ, MEMBER(A)
O R D E R
02.11.2021
Learned counsel for the applicant seeks permission to withdraw this application with liberty to file a separate application after incorporating certain amendments. He is permitted to so do. The application stands dismissed as withdrawn with the liberty as prayed for.
CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
Page 18 of 36
GUWAHATI
(Through Video-conferencing)
18. OA 27/2019
Smt Tribeni Deori
..... Applicant Versus Union of India & Ors.
..... Respondents
For the Applicant
: Mr. Zahangir Hussain, Advocate For the Respondents : Mr. P. K. Garodia, Advocate
CORAM:
HON’BLE MR JUSTICE REJENDRA MENON, CHAIRPERSON HON’BLE LT GEN P.M.HARIZ, MEMBER(A)
O RD E R 02.11.2021
Counter affidavit has been filed by the respondents. Rejoinder, if any, be filed within four weeks.
2. List after four weeks for further orders.
CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
Page 19 of 36
GUWAHATI
(Through Video-conferencing)
19. OA 38/2019 WITH MA 30/2019
Ex Sep Suresh Chandra Sharma
..... Applicant Versus Union of India & Ors.
..... Respondents
For the Applicant
: Mr. R. K. Talukdar, Advocate For the Respondents : Mr. P. K. Garodia, Advocate
CORAM:
HON’BLE MR JUSTICE REJENDRA MENON, CHAIRPERSON HON’BLE LT GEN P.M.HARIZ, MEMBER(A)
O R D E R
02.11.2021
Learned counsel for the respondents seeks four weeks’ time to file counter affidavit. Time is granted. Rejoinder, if any, be filed within two weeks thereafter.
2. List the matter thereafter.
CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
Page 20 of 36
GUWAHATI
(Through Video-conferencing)
20. OA 39/2019 WITH MA 31/2019
Ex Hav Vumkhanthang
..... Applicant Versus Union of India & Ors.
..... Respondents
For the Applicant
: Mr. K. C. Gautam, Advocate For the Respondents : Ms. Dipanjali Bora, Advocate
CORAM:
HON’BLE MR JUSTICE REJENDRA MENON, CHAIRPERSON HON’BLE LT GEN P.M.HARIZ, MEMBER(A)
O R D E R
02.11.2021
Counter affidavit has been filed. Rejoinder, if any, be filed within four weeks.
2. List after four weeks for further orders.
CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
Page 21 of 36
GUWAHATI
(Through Video-conferencing)
21. OA 56/2019
Ex LAC Dwipjyoti Talukdar
..... Applicant Versus Union of India & Ors.
..... Respondents
For the Applicant
: Mr. Abhishek Misra, Advocate For the Respondents : Mr. P. Sharma, Advocate
CORAM:
HON’BLE MR JUSTICE REJENDRA MENON, CHAIRPERSON HON’BLE LT GEN P.M.HARIZ, MEMBER(A)
O R D E R
02.11.2021
Counter affidavit has been filed. Learned counsel for the applicant seeks four weeks’ time to file rejoinder. Time is granted.
2. List after four weeks.
CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
Page 22 of 36
GUWAHATI
(Through Video-conferencing)
22. OA 03/2020 WITH MA 02/2020
Ex Sep WS Ringhlung Anal
.....
Applicant Versus Union of India & Ors.
..... Respondents
For the Applicant
: Mr. A. R. Tahbildar, Advocate For the Respondents : Mr. B. Kumar, Advocate
OIC, Legal Cell
CORAM:
HON’BLE MR JUSTICE REJENDRA MENON, CHAIRPERSON HON’BLE LT GEN P.M.HARIZ, MEMBER(A)
O R D E R
02.11.2021
The OIC, Legal Cell appearing for the respondents submits that the counter affidavit is ready and would be filed during the course of the day. A copy of the same be served on the learned counsel for the applicant. Rejoinder, if any, be filed within four weeks.
2. List after four weeks for further orders.
CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
Page 23 of 36
GUWAHATI
(Through Video-conferencing)
23. OA 11/2020
Hav/Opr Rishi Kesh Kumar
..... Applicant Versus Union of India & Ors.
..... Respondents
For the Applicant
: Mr. B. Pathak, Advocate For the Respondents : Mr. B. Kumar, Advocate
CORAM:
HON’BLE MR JUSTICE REJENDRA MENON, CHAIRPERSON HON’BLE LT GEN P.M.HARIZ, MEMBER(A)
O R D E R
02.11.2021
Counter affidavit filed by the respondents is taken on record. Rejoinder, if any, be filed within four weeks.
2. List after four weeks.
CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
Page 24 of 36
GUWAHATI
(Through Video-conferencing)
24. OA 14/2020
Ex NK(TS) W Angpong Monsang
..... Applicant Versus Union of India & Ors.
..... Respondents
For the Applicant
: Mr. A. R. Tahbildar, Advocate For the Respondents : Ms. Dipanjali Bora, Advocate
CORAM:
HON’BLE MR JUSTICE REJENDRA MENON, CHAIRPERSON HON’BLE LT GEN P.M.HARIZ, MEMBER(A)
O R D E R
02.11.2021
Counter affidavit has been filed by the learned counsel for the respondents.
2. Pleadings are complete.
3. List the matter for hearing in the month of December, 2021.
CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
Page 25 of 36
GUWAHATI
(Through Video-conferencing)
25. OA 24/2020 WITH MA 16/2020
Ex Sep Loli Mao
..... Applicant Versus Union of India & Ors.
..... Respondents
For the Applicant
: Mr. A. R. Tahbildar, Advocate For the Respondents : Mr. P. Sharma, Advocate
CORAM:
HON’BLE MR JUSTICE REJENDRA MENON, CHAIRPERSON HON’BLE LT GEN P.M.HARIZ, MEMBER(A)
O R D E R
02.11.2021
Though counter affidavit has been filed, copy of the same has not been supplied to the learned counsel for the applicant. Learned counsel for the respondents may supply a copy of the same to the learned counsel for the applicant within three days. Rejoinder, if any, be filed within four weeks thereafter.
2. List after four weeks.
CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
Page 26 of 36
GUWAHATI
(Through Video-conferencing)
26. OA 26/2020
Smt Azmina Ahmed
..... Applicant Versus Union of India & Ors.
..... Respondents
For the Applicant
: Mr. Mainuddin Ahmed, Advocate For the Respondents : Mr. P. J. Barman, Advocate
CORAM:
HON’BLE MR JUSTICE REJENDRA MENON, CHAIRPERSON HON’BLE LT GEN P.M.HARIZ, MEMBER(A)
O R D E R
02.11.2021
The matter pertains to grant of maintenance allowance. Pleadings are complete. However, the question of jurisdiction of this Tribunal to deal with issue of maintenance is pending consideration before a Full Bench.
2. List after the Full Bench decision.
CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
Page 27 of 36
GUWAHATI
(Through Video-conferencing)
27. OA 28/2020 WITH MA 20/2020
Ex Sep(MT) Jahidul Islam
..... Applicant Versus Union of India & Ors.
..... Respondents
For the Applicant
: Mr. Zahangir Hussain, Advocate For the Respondents : Mr. P. J. Barman, Advocate
CORAM:
HON’BLE MR JUSTICE REJENDRA MENON, CHAIRPERSON HON’BLE LT GEN P.M.HARIZ, MEMBER(A)
O R D E R
02.11.2021
Counter affidavit has been filed. Learned counsel for the applicant prays for four weeks’ time to file rejoinder. Time is granted.
2. List after four weeks.
CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
Page 28 of 36
GUWAHATI
(Through Video-conferencing)
28. OA 29/2020
Col Mandeep Singh
..... Applicant Versus Union of India & Ors.
..... Respondents
For the Applicant
: In person For the Respondents : Ms. Dipanjali Bora, Advocate
CORAM:
HON’BLE MR JUSTICE REJENDRA MENON, CHAIRPERSON HON’BLE LT GEN P.M.HARIZ, MEMBER(A)
O R D E R
02.11.2021
Counter affidavit has not been filed. We have been informed by the Office that since the learned counsel for the respondents is suffering from Dengue, an application for adjournment has been filed.
2. We adjourn the matter till the next sitting of the Court.
CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
Page 29 of 36
GUWAHATI
(Through Video-conferencing)
29. OA 01/2021 WITH MA 01/2021
Ex Nk Ramendra Laskar
..... Applicant Versus Union of India & Ors.
..... Respondents
For the Applicant
: Mr. A. R. Tahbildar, Advocate For the Respondents : Mr. P. J. Barman, Advocate
CORAM:
HON’BLE MR JUSTICE REJENDRA MENON, CHAIRPERSON HON’BLE LT GEN P.M.HARIZ, MEMBER(A)
O R D E R
02.11.2021
Counter affidavit has been filed.
2. Pleadings are complete.
3. List the matter for hearing in the next sitting.
CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
GUWAHATI
(Through Video-Conferencing)
30. OA 02/2021 WITH MA 02/2021
Sep Hriiziiwo
..... Applicant Versus Union of India & Ors.
….. Respondents
For the Applicant
: Mr. S. P. Thomas, Advocate For the Respondents : Mr. P. K. Garodia, Advocate
CORAM:
Page 30 of 36
O R D E R
02.11.2021
Learned counsel for the respondents submits that the counter affidavit has been filed and he undertakes that a copy of the same would be served on the learned counsel for the applicant within one week. Learned counsel for the applicant may file rejoinder, if any, within four weeks thereafter.
2. List the matter thereafter for further orders.
(RAJENDRA MENON) CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
GUWAHATI
(Through Video-Conferencing)
31. OA 04/2021
Ex Nk Ginjahang
..... Applicant Versus Union of India & Ors.
..... Respondents
For the Applicant
: Mr. A. R. Tahbildar, Advocate For the Respondents : Ms. Dipanjali Bora, Advocate
CORAM:
O RD E R 02.11.2021
Pleadings are complete.
2. The matter be listed for hearing in the next sitting. Learned counsel for the respondents submits that a copy of the counter affidavit would be supplied to the learned counsel for the applicant within three days. Rejoinder,if any, be filed within four weeks.
(RAJENDRA MENON) CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
GUWAHATI
(Through Video-Conferencing)
32. OA 09/2021
Ex Lnk Mangeilian Vaiphei ..... Applicant Versus Union of India & Ors. ...... Respondents
For the Applicant
: Mr. Manik Chanda, Advocate For the Respondents : Mr. P. K. Garodia, Advocate
CORAM:
O RD E R 02.11.2021
Counter affidavit has been filed. Learned counsel for the applicant prays for four weeks’ time to file rejoinder. Time is granted.
2. List after four weeks.
(RAJENDRA MENON) CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
GUWAHATI
(Through Video-Conferencing)
33. OA 16/2021
Smt D Zhiiloni ...... Applicant Versus Union of India & Ors. ...... Respondents
For the Applicant
: Mr. A. R. Tahbildar, Advocate For the Respondents : Mr. B. Kumar, Advocate
CORAM:
O RD E R 02.11.2021
Learned counsel for the respondents seeks further four weeks’ time to file counter affidavit. Time granted. Rejoinder, if any, be filed within two weeks thereafter.
2. List after six weeks.
(RAJENDRA MENON) CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
GUWAHATI
(Through Video-Conferencing)
34. OA 17/2021
Ex Hony Nb Sub WNG Eliza Anal
..... Applicant Versus
Union of India & Ors.
….. Respondents
For the Applicant : Mr. A. R. Tahbildar, Advocate For Respondents : Mr. P. K. Garodia, Advocate
CORAM:
O R D E R
02.11.2021
Learned Counsel for the respondents seeks further four weeks’ time to file counter affidavit. Time granted. Rejoinder, if any, be filed within two weeks thereafter.
2. List after six weeks.
(RAJENDRA MENON) CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
GUWAHATI
(Through Video-Conferencing)
35. CA 04/2019 IN OA 10/2018
Ex Sub Dhaneswar Saikia ….. Applicant Versus
Union of India & Ors.
….. Respondents
For the Applicant : Mr. A. R. Tahbildar, Advocate For Respondents
: Mr. P. Sharma, Advocate
CORAM:
O R D E R
02.11.2021
Considering the fact that the SLP filed by the respondents has been dismissed, we grant four weeks’ time to the respondents to file a compliance report in the matter.
(RAJENDRA MENON) CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
GUWAHATI
(Through Video-Conferencing)
36. CA 01/2020 IN OA 05/2017
Ex Sep Paokholun
….. Applicant Versus
Union of India & Ors.
….. Respondents
For the Applicant : Mr. A. R. Tahbildar, Advocate For Respondents : Mr. B. Kumar, Advocate
CORAM:
O R D E R
02.11.2021
Learned counsel for the respondents submits that he shall file the compliance report during the course of the day.
2. List in the next sitting.
(RAJENDRA MENON) CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
GUWAHATI
(Through Video-Conferencing)
37. CA 02/2021 IN OA 34/2017
Capt Vyom Kumar (Retd) .... Applicant Versus
Union of India &Ors. …. Respondents
For the Applicant
: Mr. Rupam Jyoti Sharma, Advocate For Respondents
: Mr. B. Kumar, Advocate, OIC, Legal
Cell
CORAM:
Page 31 of 36
O R D E R
02.11.2021
OIC, Legal Cell appearing for the respondents points out that after the dismissal of the SLP filed by the Union of India, appropriate sanction from the competent authority has been received and the order has been complied with and a compliance report would be filed within four weeks.
2. List after four weeks.
(RAJENDRA MENON)
CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
GUWAHATI
(Through Video-Conferencing)
38. OA 19/2020
Ex Hony Nb Sub NL Angkhun Anal
…. Applicant Versus
Union of India & Ors. .... Respondents
For Applicant
: Mr. A. R. Tahbildar, Advocate For Respondents : Mr. P. J. Barman, Advocate
CORAM:
O R D E R
02.11.2021
In view of the additional affidavit and the documents filed by the respondents, the applicant wants to file an objection. He may do so within four weeks.
2. List after four weeks.
(RAJENDRA MENON)
CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
GUWAHATI
(Through Video-Conferencing)
39. TA 01/2019 (AAO WP(C) 1358/2015
Lily Begum Laskar
.... Applicant Versus
Union of India & Ors.
…. Respondents
For Applicant
: Mr. A. Rashid, Advocate For Respondents : Mr. B. Kumar, Advocate
CORAM:
O R D E R
02.11.2021
Pleadings are complete.
2. List the matter for hearing in the next sitting.
(RAJENDRA MENON)
CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
GUWAHATI
(Through Video-Conferencing)
40. OA 06/2018
Ex Sep Kongniyang Doko
.... Applicant Versus
Union of India & Ors.
.... Respondents
For Applicant
: Mr. A. R. Tahbildar, Advocate For Respondents : Mr. P. Sharma, Advocate, OIC, Legal Cell
CORAM:
O R D E R
02.11.2021
OIC, Legal Cell submits that she shall be filing a calculation sheet during the course of the day. She may do so. Counter affidavit, if any, be filed within four weeks.
2. List for hearing in the next sitting.
(RAJENDRA MENON) CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
GUWAHATI
(Through Video-Conferencing)
41. OA 21/2018
Smt Gina Gogoi
.... Applicant Versus
Union of India & Ors.
.... Respondents
For the Applicant : Mr. Rajib Sharma, Advocate For Respondents : Ms. Dipanjali Bora, Advocate
CORAM:
Page 32 of 36
O R D E R
02.11.2021
Counsel for the applicant submits that he has no instructions in the matter.
2. Counter affidavit filed by the respondents is taken on record. Issue notice to the applicant stating in case she does not make arrangements for her representation on the next date, we will proceed with the matter in accordance with law.
3. List after four weeks.
(RAJENDRA MENON) CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
GUWAHATI
(Through Video-Conferencing)
42. OA 24/2018
Ex Sep Akhamton
.... Applicant Versus
Union of India & Ors.
.... Respondents
For the Applicant : Mr. A. R. Tahbildar, Advocate For Respondents : Ms. B. Kumar, Advocate
CORAM:
O R D E R
02.11.2021
Pleadings are complete.
2. List for hearing in the next sitting.
(RAJENDRA MENON) CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
GUWAHATI
(Through Video-Conferencing)
43. OA 26/2018
Ex Rect M Dinakanta Singh
.... Applicant Versus
Union of India & Ors.
.... Respondents
For Applicant
: Mr. A. R. Tahbildar, Advocate For Respondents : Mr. P. J. Barman, Advocate
CORAM:
O R D E R
02.11.2021
Pleadings are complete.
2. List the matter for hearing in the next sitting.
(RAJENDRA MENON) CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
GUWAHATI
(Through Video-Conferencing)
44. OA 28/2018
Ex Sub Kamzathang Zou
.... Applicant Versus
Union of India & Ors.
.... Respondents
For the Applicant : Mr. A. R.T ahbildar, Advocate For Respondents : Mr. B. Kumar, Advocate
CORAM:
O R D E R
02.11.2021
Pleadings are complete.
2. List the matter for hearing in the next sitting.
(RAJENDRA MENON) CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
GUWAHATI
(Through Video-Conferencing)
45. OA 30/2018
Wg Cdr Devi Lal
.... Applicant Versus
Union of India & Ors.
.... Respondents
For Applicant
: Mr. Surajit Dutta, Advocate For Respondents : Mr. P. K. Garodia, Advocate
CORAM:
O R D E R
02.11.2021
Learned counsel for the applicant has prayed for permission to withdraw the application on the ground that the relief claimed in the application has been granted.
2. The O.A stands dismissed as infructuous.
(RAJENDRA MENON) CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
GUWAHATI
(Through Video-Conferencing)
46. OA 34/2018
Ex Nb Sub Jayanta Kumar Kalita .... Applicant Versus
Union of India & Ors. .... Respondents
For Applicant
: Mr. A. R. Tahbildar, Advocate For Respondents : Mr. Pranjal Sharma, Advocate
CORAM:
O R D E R
02.11.2021
As the order has been complied with and the transport allowances have been granted to the applicant, nothing further survives for consideration. Accordingly, the O.A stands dismissed as infructuous.
(RAJENDRA MENON) CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
GUWAHATI
(Through Video-Conferencing)
47. OA 36/2018
Shri Shiva Thapa .... Applicant Versus
Union of India & Ors. .... Respondents
For the Applicant
: Mr. Manik Chanda, Advocate For the respondents : Mr. B. Kumar, Advocate
CORAM:
O R D E R
02.11.2021
Pleadings are complete.
2. List the matter for hearing in the next sitting.
(RAJENDRA MENON) CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
GUWAHATI
(Through Video-Conferencing)
48. OA 38/2018
Ex Hav BD Daniel Anal
.... Applicant Versus
Union of India & Ors.
.... Respondents
For Applicant
: Mr. A. R. Tahbildar, Advocate For Respondents
: Ms. Dipanjali Bora, Advocate
CORAM:
O R D E R
02.11.2021
Pleadings are complete.
2. List the matter for hearing in the next sitting.
(RAJENDRA MENON) CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
GUWAHATI
(Through Video-Conferencing)
49. OA 41/2018
Smt Vanlalruati
.... Applicant Versus
Union of India & Ors.
.... Respondents
For Applicant
: Mr. Anil Rinliana Malhotra, Advocate For Respondents : Mr. P. J. Barman, Advocate
CORAM:
O R D E R
02.11.2021
Pleadings are complete.
2. List the matter for hearing in the next sitting.
(RAJENDRA MENON) CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
GUWAHATI
(Through Video-Conferencing)
50. OA 42/2018
Smt Zonghinglovi
.... Applicant Versus
Union of India & Ors.
.... Respondents
For Applicant
: Mr. Anil Rinliana Malhotra, Advocate For Respondents : Mr. P. K. Garodia, Advocate
CORAM:
O R D E R
02.11.2021
Pleadings are complete.
2. List the matter for hearing in the next sitting.
(RAJENDRA MENON) CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
GUWAHATI
(Through Video-Conferencing)
51. OA 43/2018
Smt Zaithanmawii
.... Applicant Versus
Union of India & Ors.
.... Respondents
For Applicant
: Mr. Anil Rinliana Malhotra, Advocate For Respondents : Mr. P. J. Barman, Advocate
CORAM:
O R D E R
02.11.2021
Pleadings are complete.
2. List the matter for hearing in the next sitting.
(RAJENDRA MENON) CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
GUWAHATI
(Through Video-Conferencing)
52. OA 44/2018
Smt Lalbiaksangi
.... Applicant Versus
Union of India & Ors.
.... Respondents
For Applicant
: Mr. Anil Rinliana Malhotra, Advocate For Respondents : Ms. Dipanjali Bora, Advocate
CORAM:
O R D E R
02.11.2021
Counter affidavit filed by the respondents is taken on record. Rejoinder, if any, be filed within four weeks.
2. List after four weeks.
(RAJENDRA MENON) CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
GUWAHATI
(Through Video-Conferencing)
53. OA 45/2018
Smt Nupuii Renghlei
.... Applicant Versus
Union of India & Ors.
.... Respondents
For Applicant
: Mr. Anil Rinliana Malhotra, Advocate For respondents : Mr. B. Kumar, Advocate
CORAM:
O R D E R
02.11.2021
Counter affidavit filed by the respondents is taken on record. Rejoinder, if any, be filed within four weeks.
2. List after four weeks.
(RAJENDRA MENON) CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
GUWAHATI
(Through Video-Conferencing)
54. OA 46/2018
Smt Vanlalremruati
.... Applicant Versus
Union of India & Ors.
.... Respondents
For Applicant
: Mr. Anil Rinliana Malhotra, Advocate For respondents : Mr. P. J. Barman, Advocate
CORAM:
O R D E R
02.11.2021
Counter affidavit filed by the respondents is taken on record. Rejoinder, if any, be filed within four weeks.
2. List after four weeks.
(RAJENDRA MENON) CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
GUWAHATI
(Through Video-Conferencing)
55. OA 02/2019
Smt Damayanti Ray
.... Applicant Versus
Union of India & Ors.
…. Respondents
For Applicant
: Mr. K. R. Patgiri, Advocate For Respondents
: Mr. B. Kumar, Advocate
CORAM:
O R D E R
02.11.2021
Counter affidavit filed by the respondents is taken on record.
2. Pleadings are complete.
3. List the matter for hearing in the next sitting.
(RAJENDRA MENON) CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
GUWAHATI
(Through Video-Conferencing)
56. OA 05/2019
Smt Thunu Dutta
.... Applicant Versus
Union of India & Ors.
.... Respondents
For Applicant
: Mr. A. R. Tahbildar, Advocate For respondents : Mr. P. J. Barman, Advocate
CORAM:
O R D E R
02.11.2021
In view of the fact that PPO has been issued and family pension granted to the applicant, it is the common submission that the matter has become infructuous.
2. O.A is dismissed as infructuous.
(RAJENDRA MENON) CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
GUWAHATI
(Through Video-Conferencing)
57. OA 16/2019
Ex Hav Shibu Thampuran
.... Applicant Versus
Union of India & Ors.
.... Respondents
For Applicant
: Mrs. Barnali Kalita, Advocate For respondents : Mr. P. Sharma, Advocate
CORAM:
O R D E R
02.11.2021
An application has been filed on behalf of the applicant with a prayer for time to engage another counsel.
2. The prayer is allowed.
3. List after six weeks.
(RAJENDRA MENON) CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
GUWAHATI
(Through Video-Conferencing)
58. OA 08/2019 WITH MA 05/2019
Ex Sep Tiatemsu
.... Applicant Versus
Union of India & Ors.
.... Respondents
For Applicant
: Mr. B. B. Gogoi, Advocate For Respondents : Mr. P. K. Garodia, Advocate
CORAM:
Page 33 of 36
O R D E R
02.11.2021
Learned counsel for the respondents submits that reply to the O.A has already been filed and he shall file reply with regard to application for condonation of delay during the course of the day, after serving a copy to the learned counsel for the applicant. Rejoinder, if any, be filed within six weeks.
2. List the matter thereafter for orders.
(RAJENDRA MENON) CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
GUWAHATI
(Through Video-Conferencing)
59. OA 22/2019
Lt Col Achintya Kumar Nandi (Retd)
.... Applicant Versus
Union of India & Ors.
.... Respondents
For Applicant
: Mr. R. K. Talukdar, Advocate For Respondents : Mr. P. Sharma, Advocate
CORAM:
O R D E R
02.11.2021
Counter affidavit has been filed. However, copy of the counter affidavit has not been given to the counsel for the applicant. Let it be served on him within three days. If so advised, the applicant may file rejoinder within six weeks.
2. List the matter for hearing thereafter.
(RAJENDRA MENON) CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
GUWAHATI
(Through Video-Conferencing)
60. OA 29/2019
Ex Sub KL Jokendra Anal
.... Applicant Versus
Union of India & Ors.
.... Respondents
For Applicant
: Mr. A. R. Tahbildar, Advocate For Respondents : Mr. P. J. Barman, Advocate
CORAM:
Page 34 of 36
O R D E R
02.11.2021
Pleadings are complete.
2. Learned counsel for the applicant invites our attention to the averments made by the respondents in Para 8 of the affidavit and points out that the respondents having admitted the anomaly, action should be taken for correction. We direct the respondents to clarify the position on the next date when we shall hear the matter finally and disposing it of in accordance with law.The action taken on the reference made in para 8 should be indicated to us at the time of hearing.
3. List the matter in the next sitting.
CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
GUWAHATI
(Through Video-Conferencing)
61. OA 30/2019
Ex WO B Gogoi
.... Applicant Versus
Union of India & Ors.
…. Respondents
For Applicant
: Mr. P. D. Nair, Advocate For Respondents : Mr. P. Sharma, Advocate
CORAM:
O R D E R
02.11.2021
Pleadings are complete.
2. The matter is to be heard finally.
3. List the matter for hearing in due course.
(RAJENDRA MENON) CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
GUWAHATI
(Through Video-Conferencing)
62. OA 31/2019
Ex Sub Thangboy Vaiphei
.... Applicant Versus
Union of India & Ors.
.... Respondents
For Applicant
: Mr. A. R. Tahbildar, Advocate For Respondents : Mr. P. Sharma, Advocate
CORAM:
O R D E R
02.11.2021
Though counter affidavit has been filed, learned counsel for the applicant states that copy of the same has not been given tohim. Let a copy be served on him within one week.
2. List the matter for hearing in the next sitting.
(RAJENDRA MENON) CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
GUWAHATI
(Through Video-Conferencing)
63. OA 32/2019
Ex Sub M Tomba Singh
.... Applicant Versus
Union of India & Ors.
.... Respondents
For Applicant
: Mr. A. R. Tahbildar, Advocate For Respondents : Mr. P. K. Garodia, Advocate
CORAM:
O R D E R
02.11.2021
Though counter affidavit has been filed, learned counsel for the applicant states that copy of the same has not been given to him. Let a copy be served on him within one week.
2. List the matter for hearing in the next sitting.
(RAJENDRA MENON) CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
GUWAHATI
(Through Video-Conferencing)
64. OA 33/2019
Ex Sep Lunkam Vaiphei
.... Applicant Versus
Union of India & Ors.
.... Respondents
For Applicant
: Mr. A. R. Tahbildar, Advocate For Respondents : Mr. P. J. Barman, Advocate
CORAM:
O R D E R
02.11.2021
Pleadings are complete.
2. List the matter for hearing in the next sitting.
(RAJENDRA MENON) CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
GUWAHATI
(Through Video-Conferencing)
65. OA 35/2019
Lnk (OPR) Ram Pratap Viswakarma
.... Applicant Versus
Union of India & Ors.
.... Respondents
For Applicant
: None For Respondents : Mr. P. Sharma, Advocate for R 1-5
CORAM:
Page 35 of 36
O R D E R
02.11.2021
Neither the applicant nor his counsel is present.
2. Counsel appearing for the official respondents seeks four weeks’ time to file counter affidavit has not been filed by the official respondents. Respondent No. 6 has not filed counter affidavit. She may file counter within four weeks.
3. The issue pertains to grant of maintenance to Respondent No. 6. The question of granting maintenance and the jurisdiction of this Tribunal to deal with the matter is pending consideration before a Full Bench.
4. List the matter for hearing after the decision of the Full Bench.
CHAIRPERSON
(P.M. HARIZ) MEMBER (A) MC/Neha
GUWAHATI
(Through Video-Conferencing)
66. OA 36/2019 WITH MA 25/2019 & MA 04/2020
Ex Hav N Tomba Singh
.... Applicant Versus
Union of India & Ors.
.... Respondents
For Applicant
: Mr. A. R. Tahbildar, Advocate For Respondents : Mr. P. K. Garodia, Advocate
CORAM:
O R D E R
02.11.2021
Counter affidavit has been filed by the respondents. Rejoinder, if any, be filed within four weeks.
2. List after four weeks.
(RAJENDRA MENON) CHAIRPERSON
(P.M. HARIZ) MEMBER (A) Kk/Neha
GUWAHATI
(Through Video-Conferencing)
67. OA 49/2019
Ex Rect Khanzapao Mate Zou
.... Applicant Versus
Union of India & Ors.
…. Respondents
For Applicant
: Mr. A. R. Tahbildar, Advocate For Respondents : Ms. Dipanjali Bora, Advocate
CORAM:
O R D E R
02.11.2021
Counter affidavit has been filed.
2. Pleadings are complete.
3. List the matter for hearing in the next sitting.
(RAJENDRA MENON) CHAIRPERSON
(P.M. HARIZ) MEMBER (A) Kk/Neha
GUWAHATI
(Through Video-Conferencing)
68. OA 50/2019
Ex Sep Mangpu
.... Applicant Versus
Union of India & Ors.
.... Respondents
For Applicant
: Mr. A. R. Tahbildar, Advocate For Respondents : Mr. P. Sharma, Advocate, OIC, Legal Cell
CORAM:
O R D E R
02.11.2021
OIC, Legal Cell submits that counter affidavit has been filed by the respondents. However, copy of the same has not been given to counsel for the applicant. Let a copy be served on the counsel for the applicant within three days. Rejoinder, if any, be filed within four weeks.
2. List after four weeks.
(RAJENDRA MENON) CHAIRPERSON
(P.M. HARIZ) MEMBER (A) Kk/Neha
GUWAHATI
(Through Video-Conferencing)
69. OA 59/2019
Ex Nk (TS) L Lohrii Mao
.... Applicant Versus
Union of India & Ors.
…. Respondents
For Applicant
: Mr. A. R. Tahbildar, Advocate For respondents : Ms. Dipanjali Bora, Advocate
CORAM:
O R D E R
02.11.2021
Counter affidavit has been filed.
2. Pleadings are complete.
3. List the matter for hearing in the next sitting.
(RAJENDRA MENON) CHAIRPERSON
(P.M. HARIZ) MEMBER (A) Kk/Neha
GUWAHATI
(Through Video-Conferencing)
70. OA 60/2019
Ex Hony Nb Sub KT Devension Anal
.... Applicant Versus
Union of India & Ors.
.... Respondents
For Applicant
: Mr. A. R. Tahbildar, Advocate For Respondents : Ms. Dipanjali Bora, Advocate
CORAM:
O R D E R
02.11.2021
Respondents have filed counter affidavit.
2. Pleadings are complete.
3. List the matter for hearing in the next sitting.
(RAJENDRA MENON) CHAIRPERSON
(P.M. HARIZ) MEMBER (A) Kk/Neha
GUWAHATI
(Through Video-Conferencing)
71. OA 06/2020
Smt Juthika Sinha
.... Applicant Versus
Union of India & Ors.
…. Respondents
For Applicant
: Mr. A. R. Tahbildar, Advocate For respondents : Mr. P. K. Garodia, Advocate
CORAM:
O R D E R
02.11.2021
Learned counsel for the respondents submits that he shall file the counter affidavit within a week’s time. He may do so, after serving a copy to counsel for the applicant.
2. List the matter for further consideration in the next sitting.
(RAJENDRA MENON) CHAIRPERSON
(P.M. HARIZ) MEMBER (A) Kk/Neha
GUWAHATI
(Through Video-Conferencing)
72. MA (Exe) 01/2019
Ex Rfn Satish Kumar Shukla
.... Applicant Versus
Union of India & Ors.
.... Respondents
For the Applicant
: Mr. Vipin Kumar, Advocate For the respondents : Ms. Dipanjali Bora, Advocate
CORAM:
O R D E R
02.11.2021
Respondents have filed counter affidavit.
2. Learned counsel for the applicants seeks four weeks’ time to file rejoinder.
3. List after four weeks.
(RAJENDRA MENON) CHAIRPERSON
(P.M. HARIZ) MEMBER (A) Kk/Neha
Page 36 of 36
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