Order dated 03-08-2018 MA-09/2018 on 3 August 2018

1. The Union of India, Represented by the Secretary, Ministry of Defence, South Block, New Delhi-110001.

2. The Commanding Officer, 1st Naga Regiment, Nagaon, Srinagar, Jammu & Kashmir.

3. The Senior Records Officer, 1st Naga Regiment, Nagaon, Srinagar, Jammu & Kashmir.

4. The Office Secretary, Zila Sainik Welfare Officer, Govt. of Nagaland, Mokokchung, Dist Mokokchung, Nagaland, Pin- 798601.

……. Respondents. By legal practitioner for Respondents. Mr.D.C.Chakravarty, CGSC.

PRESENT

HON’BLE DR.(MRS) JUSTICE INDIRA SHAH,MEMBER (J) HON’BLE LT GEN GAUTAM MOORTHY, MEMBER (A)

03.08.2018 ORDER

1. Heard Ms.Imtisangla Keetzar and Mr.N.Zubemo Lotha, learned Counsel appearing on behalf of the applicant and Mr.D.C.Chakravarty, learned CGSC, assisted by Capt.Akash Vashishta, OIC, AFT, Legal Cell, appearing on behalf of the respondents.

Contd…2/-

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2. By fling this application Under Section 22 of the Armed Forces Tribunal Act, 2007 Read With Section 5 of Limitation Act, 1963, the applicant has prayed for condonation of delay of 156 days in filing the Original Application. It is averred in the application that the applicant approached the Gauhati High Court, Kohima Bench by filing Writ Petition due to lack of proper knowledge that he ought to have approached this Tribunal. Moreover, the applicant is a layman in respect of legal procedure and therefore the delay occurred.

3. The matter relates to grant of service and disability pension.

4. In view of the ground stated in the application, we are inclined to condone the delay and accordingly the Misc.Application is allowed and disposed of.

MEMBER (A) MEMBER (J)

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