Armed Forces Tribunal

Judgment & Order dated 19-12-2018 MA-22/2018 on 19 December 2018

Notes of the

Registry

Orders of the Tribunal.

IN THE ARMED FORCES TRIBUNAL,

REGIONAL BENCH, GUWAHATI

MA-22/2018

(IN OA-36-2018)

Shri Shiva Thapa

Army Personal No. 5760008X

Ex Recruit GD

S/o Shri Harka Bahadur Thapa

Village Badachaur,W/No.,01

Post Office Fedikhola Dist

Sytangja Gandaki Nepal

Pin 33808

…… Applicant.

By legal practitioners for

Applicant.

Mr Gaurab J.Sharma

-Versus-

1.Union of India

Through Secretary Govt.of India

Ministry of Defence South Block

Central Secretariat,Rajpath Marg

New Delhi-110011.

Page 1 of 3

2.Adjutant General

Additional Directorate General

Pesonnel Services /AG Branch

IHQ of Ministry of defence(Army)

Room No. 11 Plot Bo.108(West)

Brassey Avenue Church Road,

New Delhi-110001.

3.Records Officer

Re cords 58 Gorkha Rifles

Pin 900332 C/O.99APO

4.Training Battalion Commander

58 Gorkha Training Centre

Pin 900332 C/O.99 APO

5.Principal Controller of Defence Accounts (Pension) Draupandi Ghat,Allahabad.

By legal practitioner for

Respondents.

Mr.N.Baruah ,CGSC

PRESENT

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

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

ORDER

19.12.2018

Page 2 of 3

1. Heard Mr. Gaurab J Shrma, learned counsel appearing for the applicant and Mr N.Baruah, learned CGSC assisted by Capt. Akash Vashishta, OIC,AFT, Legal Cell, appearing for the respondents.

2. By filing this application, the applicant has prayed for condonation of delay of 750 days in filing the Original Application No. 36-2018.

3. By filing this OA, the applicant has prayed for grant of disability pension along with rounding off benefit from 20% to 50% w.e.f. the date of discharge.

4. Since the matter relates to disability pension, we are inclined to condone the delay as prayed for.

5. Misc Application accordingly stands allowed and disposed of.

MEMBER (A) MEMBER (J)

MC

Page 3 of 3

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