Armed Forces Tribunal
Daily order 20-03-2017 MA70 of 16 on 20 March 2017
Notes of the
Registry
Orders of the Tribunal.
IN THE ARMED FORCES TRIBUNAL
REGIONAL BENCH, GUWAHATI.
M.A. 70/2016
(in OA- 74/2016)
Ex-Hav BD Daniel Anal
…… Applicant.
By legal practitioners for
Applicant.
Mrs Rita Devi,
Mr. AR Tahbildar,
-Versus-
UOI & Others.
……. Respondents
By legal practitioners for
Respondents.
Mr. C. Baruah, CGSC.
PRESENT
HON`BLE MR. JUSTICE B.P.KATAKEY, MEMBER (J)
HON`BLE VICE ADMIRAL MP MURALIDHARAN,
MEMBER (A)
Citations and Judicial Treatment
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…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
20.03.2017
1. Heard Mr. AR Tahbildar, learned counsel appearing for the applicant and Mr. C. Baruah, learned CGSC assisted by Col Anand, OIC, Legal Cell, AFT, Guwahati appearing for the respondents.
2. Having heard the learned counsel for the parties and upon perusal of the averments made in the application and also claim of the applicant 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 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 preceeding the date of filing of the OA or the date of filing of the representation, whichever occurs earlier.
3. MA is accordingly disposed of.
MEMBER (A) MEMBER (J)
Kalita