Armed Forces Tribunal

Judgment & order dated 18-12-2018 MA-21/2018 on 18 December 2018

Notes of the

Registry

Orders of the Tribunal.

IN THE ARMED FORCES TRIBUNAL,

REGIONAL BENCH, GUWAHATI

MA-21/2018

(IN OA-35-2018)

NO.136933321 Ex Nk Md Badijamal

Vill Lalang PO Pailapool The Silchar

Dist Cachar Assam-788098.

…… Applicant.

By legal practitioners for

Applicant.

Mrs Rita Devi

Mr A.R.Tahbildar

-Versus-

1.Union of India

Represented by the Secretary

Ministry of Defence,

Sena Bhawan, New Delhi-11.

2.Records the Assam Regiment

Pin (Amy) 9000332 C/O 99 APO

3.Additional Directorate General

Personnel Services, PS 4(d)

Adjutant General’s Branch

IHQ of MOD(Army),DHQ PO New Delhi

Page 1 of 2

4.The Principal Controller of Defence

Accounts ( Pensions) Allahabad

Pin 211014, UP.

…. Respondents

By legal practitioner for

Respondents.

Mr. C.Baruah ,CGSC

PRESENT

HON`BLE DR.(MRS) JUSTICE INDIRA SHAH, MEMBER (J)

HON`BLE LT GEN GAUTAM MOORTHY, MEMBER (A)

ORDER

18.12.2018

1. Heard Mr. AR Tahbildar, learned counsel appearing for the applicant and Mr C.Baruah, learned CGSC assisted by Capt. Akash Vashishta, OIC,AFT, Legal Cell, appearing for the respondents.

2. By filing this application under section 22()c) of the Armed Forces Tribunal Act,2007, the applicant has prayed for condonation of delay of 6 months 10 days in filing the Original Application No. 35-2018.

3. OA 35-2018 has been filed claiming disability element of pension. As the matter pertains to pension, accrual of which is a continuing cause of action, we are inclined to allow the application for condonation of delay in filing OA 35-2018.

4. Delay as prayed for is accordingly condoned.

5. Misc. application stands disposed of.

MEMBER (A) MEMBER (J) MC

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