Armed Forces Tribunal
Daily order of MA - 18/2016 dt 18/07/2016 on 18 July 2016
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Notes of the Registry Orders of the Tribunal.
IN THE ARMED FORCES TRIBUNAL REGIONAL BENCH, GUWAHATI.
M.A. 18/2016 (In OA 25/2016)
Ex-Hav Sarat Chandra Malakar. …… Applicant. By legal practitioners for Applicant. Mr. P.M.Talukdar, Mr. Dipjyoti Deka, Mr. Rupam Baishya.
-Versus-
UOI & Others. ……. Respondents By legal practitioners for Respondents. Mr. C.Barua, CGSC.
PRESENT HON`BLE MR. JUSTICE B.P.KATAKEY, MEMBER (J) HON`BLE LT GEN SANJIV LANGER, PVSM, AVSM, MEMBER (A)
18.07.2016. ORDER
Heard Mr. Rupam Baishya, learned Counsel for the applicant and Mr. C.Barua, learned Counsel appearing for the respondents.
2. The applicant has filed this application seeking condonation of delay of 583 days in filing the O.A. 25/2016 on the grounds taken in the application.
3. Having heard the learned Counsel appearing for the parties and upon perusal of the averments made in the application and also having regard to the fact that the applicant`s claim in the O.A. is for payment of disability pension, which though earlier granted but subsequently withheld, we are of the considered opinion that since the claim of the applicant is based on a continuous cause of action, the delay required to be condoned with the observation that in the event the applicant is found to be entitled to the benefit, the arrear of the same may be restricted to the period of 3 (three) years preceding the date of filing of the O.A.
4. The M.A. is accordingly stands disposed of.
MEMBER (A) MEMBER (J)
Nath