Armed Forces Tribunal

Daily order of OA - 07/2016 dt 24/08/2016 on 24 August 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 & Others.

……. Respondents

By legal practitioners for

Respondents.

Mr. Nilutpal Baruah, CGSC.

PRESENT

HON`BLE MR. JUSTICE B.P.KATAKEY, OFFICIATING CHAIRPERSON

HON`BLE LT GEN GAUTAM MOORTHY, PVSM, AVSM, VSM, ADC, MEMBER (A)

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ORDER

24.08.2016

Heard Mr. Diganta Gogoi, learned Counsel for the applicant and Mr. N.Baruah, learned Central Govt. Standing Counsel appearing for the respondent Nos. 1 to 5 and Mr. A.H.Mullah, learned Counsel appearing for the respondent No. 6.

2. Learned Counsel for the applicant and the learned Counsel appearing for the respondent No. 6 have submitted that despite the order dated 19th July, 2016 passed by this Tribunal, the agreed amount of Rs. 5,00,000/- (Five Lakhs) to be paid by the respondent No. 6 to the applicant could not be paid as no retiral benefit pursuant to the PPO issued has been released by the respondent Nos. 1 to 5 to the respondent No. 6.

3. Learned Counsel appearing for the respondent No. 6 has submitted that as soon as the said amount is paid to him in his bank account by the respondent Nos. 1 to 5, within one week therefrom the amount of Rs. 5,00,000/- (Five lakhs) would be transferred to the account of the applicant in terms of the settlement arrived at between the applicant and the respondent No. 6.

4. Learned Counsel appearing for the respondent Nos. 1 to 5 submitted that a direction may be issued to release whatever retiral benefit payable to the respondent No. 6.

5. Having regard to the various orders passed by this Tribunal and also the submissions advanced by the learned Counsel for the parties, we issue the following directions:

(i) The respondent Nos. 1 to 5 shall ensure credit of the amount due and payable pursuant to the PPO already issued to the account of the respondent No. 6 within three weeks from now.

(ii) The respondent Nos. 1 to 5, however, shall not release the commuted amount of pension until further orders from this Tribunal.

(iii) The respondent Nos. 1 to 5 shall obtain necessary information from the Bank, if any amount has already been credited to the respondent No. 6 pursuant to the PPO issued.

(iv) The respondent No. 6 within a week from the date of credit of the aforesaid amount in his account shall transfer an amount of Rs. 5,00,000/- (Five Lakhs) to the account of the applicant.

(v) The respondent No. 6 on the next date fixed shall produce proof of payment of the aforesaid amount to the applicant.

6. List on 20.09.2016 for orders.

7. Order dasti.

MEMBER (A) OFFICIATING CHAIRPERSON

Nath

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