Armed Forces Tribunal
Daily order of OA(A) - 54/2016 dt 28/11/2016 on 28 November 2016
Notes of the
Registry
Orders of the Tribunal.
IN THE ARMED FORCES TRIBUNAL
REGIONAL BENCH, GUWAHATI.
O.A.(A) 54/2016.
Ex-Nk Paongam
…… Applicant.
By legal practitioners for
Applicant.
Mr. Jalaluddin
Mr. Juno Rahman.
-Versus-
UOI & Ors.
……. Respondents
By legal practitioners for
Respondents.
Brig N.Deka (Retd), CGSC.
PRESENT
HON`BLE MR. JUSTICE B.P.KATAKEY, OFFICIATING CHAIRPERSON
HON`BLE VICE ADMIRAL M.P.MURALIDHARAN, AVSM & BAR, NM, MEMBER
(A)
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ORDER
28.11.16 Heard Mr. Jalaluddin, learned Counsel for the applicant.
2. On the oral prayer of the learned Counsel Senior Record Officer for OIC Records, the Assam Regiment, Pin 900332, C/o 99 APO is impleaded as Respondent No. 6.
3. The Registry is directed to amend the Memo of the parties accordingly.
3. The O.A. is admitted for hearing.
4. Since the respondents are represented by Brig N.Deka, learned Central Govt. Standing Counsel, no fresh notice need be issued.
5. It appears from the communication dated 02.09.2016 issued by the Senior Record Officer, for OIC Records that the representation filed by the applicant for grant of Service Pension though was submitted to the IHQ, MoD, Army, the same has been returned on the ground that C.O.- 3, Assam has not recommended for conversion of punishment of dismissal from service to pensionable service.
6. The said representation being for grant of Service pension despite the action taken in the Court Martial proceeding the IHQ, MoD Army cannot refuse to consider the same on the ground that no recommendation has been made by the C.O.
7. Hence the respondents are directed to re-consider the said representation and produce a copy of the order that may be passed on the said representation along with the affidavit in opposition to be filed by the respondents.
8. The respondents shall file the affidavit in opposition within a period of 8 (eight) weeks from now. The applicant may file the rejoinder, if any, within two weeks thereafter.
9. List for orders on 02.02.2017.
10. Order dasti.
MEMBER (A) OFFICIATING CHAIRPERSON
Nath