Armed Forces Tribunal

Daily order of MA- 46/2016 dt 08/11/2016 on 8 November 2016

Cites 0, Cited by 0

Notes of the

Registry

Orders of the Tribunal.

IN THE ARMED FORCES TRIBUNAL

REGIONAL BENCH, GUWAHATI.

M.A. 46/2016

(in OA- 48/2016)

Ex-Nk TK Haokip

…… Applicant.

By legal practitioners for

Applicant.

Mrs Rita Devi,

Mr. AR Tahbildar,

Ms SJ Deka

-Versus-

UOI & Others.

……. Respondents

By legal practitioners for

Respondents.

Mr. DC Chakravarti, CGSC.

PRESENT

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

HON`BLE LT GEN S.K.SINGH, PVSM, UYSM , AVSM, ADC, MEMBER (A)

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

ORDER

08.11.2016.

1. Heard Mr. AR Tahbildar, learned counsel appearing for the applicant and Col Anand, OIC, Legal Cell, AFT, Guwahati appearing for the respondents.

2. The applicant has filed this MA seeking condonation of delay in filing the OA claiming the benefit of disability element of the pension contending inter-alia that since the claim for disability pension is based on continuous cause of action, which arises every month, the delay needs to be condoned.

3. Having heard the learned counsel and upon perusal of the averments made in the applicant and also the claim of the applicant made in the OA which is for disability element of the pension, we are of the considered opinion that since the claim in the OA is based on the continuous cause of action, which arises every month, the MA needs to be disposed of with the

observation that in case the applicant is found to be entitled to the claim made in the OA, the arrear may be restricted for a period of 03 years preceedig the date of filing of the OA.

4. MA is accordingly disposed of.

MEMBER (A) OFFICIATING CHAIRPERSON

Kalita

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead