Armed Forces Tribunal
Ex Sub Sube Singh vs UOI & Others on 5 February 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
28.
OA 219/2024 with MA 335/2024
Ex Sub Sube Singh
…. Applicant
Versus
UOI & Others
…. Respondents
For Applicant
: Ms Anjali Minocha, Proxy for
Mr. Satish Kumar Balwada, Deepak Kumar Daila, Advocate For Respondents : Mr. Sandeep Garssa, Advocate
Major Vishi Singh, OIC Legal Cell, HQ 61 Sub Area
CORAM:
HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)
HON’BLE MR. SANJIV MITTAL, MEMBER (A)
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O R D E R
05.02.2026 MA No 335/2024
1. The applicant has filed this MA praying for condonation of delay of 20 years and six months involved in filing the OA. Taking into consideration the reasons advanced therein, the delay is condoned and MA is disposed off.
OA No 219/2024
2. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondents to grant benefit of ACP I (Naik) wef 07/8/2003 with all consequential benefits alongwith interest @12% pa.
3. Vide Reply Statement, the Respondents have submitted that the applicant was discharged from service wef 28/2/2023 on fulfilling the conditions of his enrolment under Rule 13 (3) Item III (i) (a) of Army Rules, 1954. While in service, the applicant was granted ACP I (First Grade) wef 08/8/2003, promoted to the rank of Naik wef 29/12/2004 with ante date seniority wef 01/10/2004, substantive Havildar wef 22/2/2006, Nb Sub wef 09/9/2010 with ante date seniority wef
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01/9/2010 and Subedar wef 01/2/2006. Consequent to discharge from service all legitimate dues were paid to the applicant. Post filing the OA with the prayer of grant of ACP I, in order to get a clarity, Record Office had taken up with issue the PAO (OR), vide their letter dated 30/9/2024, wherein, the PAO (OR), vide its letter dated 08/10/2024 intimated that the benefit of ACP (Naik Grade) of the applicant wef 07/8/2003 has already been adjusted in the Pay Slip for the month of January 2017. As such, the OA filed by the applicant is infructuous , devoid of merits and lacks substance.
4. In view of the foregoing and since relief as prayed for by the applicant in the OA has already been extended to him way back January 2017 as stated by the Respondents in their Reply Statement, this OA filed by the applicant has become not only infructuous, but also was a frivolous and vexatious one, wasting precious time of all concerned, including this Tribunal.
5. The OA is dismissed as infructuous. File be consigned to record.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J)
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