Armed Forces Tribunal
Daily order of MA - 41/2016 dt 10/11/2016 on 10 November 2016
Notes of the
Registry
Orders of the Tribunal.
IN THE ARMED FORCES TRIBUNAL
REGIONAL BENCH, GUWAHATI.
M.A. 41/2016
(in OA- 44/2016)
Ex-NK (TS) Kapthang
…… 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. N. Baruah, CGSC.
PRESENT
HON`BLE MR. JUSTICE B.P.KATAKEY, OFFICIATING CHAIRPERSON
HON`BLE LT GEN S.K.SINGH, PVSM, UYSM , AVSM, ADC, MEMBER (A)
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ORDER
10.11.2016.
1. Heard Mr. AR Tahbildar, learned counsel appearing for the applicant and Mr. N. Baruah, learned CGSC assisted by 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 broad banding disability element of the pension contending inter-alia that since the claim for disability pension is based on continuing cause of action, which arises every month, the delay needs to be condoned.
3. Having heard the learned counsel for the parties and upon perusal of the averments made in the application and also the claim of the applicant made in the OA which is for broad banding of disability element of the pension, we are of the considered opinion that since the claim in the OA is based on a continuing 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 or the date of filing of the representation, whichever occurs earlier.
4. MA is accordingly disposed of.
MEMBER (A) OFFICIATING CHAIRPERSON
Kalita