Armed Forces Tribunal

Daily order of OA - 07/2016 dt 19/07/2016 on 19 July 2016

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Notes of the Registry Orders of the Tribunal.

IN THE ARMED FORCES TRIBUNAL REGIONAL BENCH, GUWAHATI.

O.A. 07/2016

Smt. Sahima Ahmed, W/o Hav FUA Ahmed. …… Applicant. By legal practitioners for Applicant. Mr. Diganta Gogoi, Ms Manjula Boruah. -Versus-

UOI & Ors. ……. Respondents By legal practitioners for Respondents. Mr. Nilutpal Baruah, CGSC.

PRESENT HON`BLE MR. JUSTICE B.P.KATAKEY, OFFICIATING CHAIRPERSON HON`BLE LT GEN SANJIV LANGER, PVSM, AVSM, MEMBER (A)

19.07.2016. ORDER

Heard Mr. Diganta Gogoi, learned Counsel for the applicant and Mr. N.Baruah, learned Central Govt. Standing Counsel, appearing for the respondent Nos. l to 5 and Mr. A.H.Mollah, learned Counsel appearing for the respondent No. 6.

2. Learned Counsel for the respondent No. 6 has submitted that both the parties have agreed to settle their dispute out of the Court and to that effect an agreement has been executed by them on 15th July, 2016. It has also been submitted by the learned Counsel for the respondent No.6 that the retiral benefit, due and payable to the applicant has not been released to the respondent No. 6 so far and hence the agreed amount of Rs. 5 (five) Lakhs could not be paid to the applicant pursuant to the settlement between the parties. It has also been submitted that as soon as the said amount is credited in the respondent No. 6`s account the aforesaid amount of Rs. 5 (five) Lakhs would be paid to the applicant.

3. Mr. Barua, learned Counsel appearing for the respondent No. 1 to 5 have submitted that the amount due and payable towards the commuted amount of pension has, in terms of the interim order dated 03.03.2016, not been directed to be released in favour of the respondent No. 6 and in respect of the other retiral benefits PPO has been issued and the amount would be credited in the respondent No. 6`s bank account.

4. Having regard to the aforesaid submissions advanced, we adjourn the case till 20.08.2016, when the applicant and the respondent No. 6 shall apprise this Tribunal about the payment of the aforesaid amount of Rs. 5 (five) lakhs to the applicant.

5. Needless to say that the respondent No. 6 shall be paid all the retiral benefits except the commuted amount of pension, as directed vide order dated 03.03.2016.

6. List on 24.08.2016.

MEMBER (A) OFFICIATING CHAIRPERSON

Nath

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