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2025 DAILYLAW 120985 (ALL)

IC-44024K COL (TS) NAGENDRA SINGH (RETIRED v. ARMED FORCES TRIBUNAL REGIONAL BENCH LKO. THRU. REGISTRAR AND 4 OTHERS

/1382/2025 · 2025-01-31

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6873 Court No. - 6 Case :- WRIT - A No. - 1382 of 2025 Petitioner :- Ic-44024k Col (Ts) Nagendra Singh (Retired Respondent :- Armed Forces Tribunal Regional Bench Lko. Thru. Registrar And 4 Others Counsel for Petitioner :- Ved Prakash Pandey,Ramesh Chandra,Syed Mohd Mustafa Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri Ramesh Chandra, SRi V.P. Pandey, and Sri S.M. Musrtafa, learned counsel for petitioner as well as Sri Anand Dwivedi, Advocate who has filed his memo of appearance on behalf of respondents. 2. The petitioner has submitted that an Original Application No. 260/2021 was preferred by the petitioner claiming disability element which original application was allowed by the Armed force Tribunal, Regional Bench, Lucknow by means of judgment dated 10.11.2021 directing the respondents to grant disability element to the applicant @ 40% for life which would be rounded off to 50% for life w.e.f. three years preceding the date of filing of the original application. The respondents were further directed to give effect within a period of four months from the date of receipt of a certified copy of that order. Failing they were directed to pay the said amount with interest @ 8% per annum. 3. Despite the order of Armed Force Tribunal the respondents did not comply with the same neither did assail the same before any higher forum by filing an appeal. 4. It is in the aforesaid circumstances, the petitioner has failed an execution application before Armed Force Tribunal being Execution Case No. 108 of 2022. 5. It is stated that the respondents are not cooperating in the said proceedings for which purpose the Armed Force Tribunal had imposed a cost of Rs. 5,000/- by means of order dated 20.11.2023 and Rs. 10,000/- by order dated 20.02.2024 and Rs. 20,000/- by means of order dated 07.11.2024. Despite the aforesaid orders, the judgment and order of Armed Force Tribunal dated 10.11.2021 remains uncomplied. 6. The respondents have been threatened with the attachment proceedings by order dated 28.08.2023 but it seems that no final judgment has been complied with. Accordingly, by means of present writ petition, the petitioner has prayed for a direction to respondents to comply with the orders passed by respondent No. 1. 7. After arguing the matter at some length, learned counsel for petitioner submits that grievance of the petitioner shall be substantially redressed in case respondent No. 1 is directed to conclude the execution proceedings with expedition. 8. Learned Standing Counsel does not objection to the aforesaid innocuous prayer. 9. Accordingly, the writ petition is disposed of with a direction to Armed Force Tribunal, Regional Bench, Lucknow to decide the Execution Case No. 108 of 2022 expeditiously, say, within a period of three months from the date a certified copy of this order is produced before it. 10. Parties undertake to cooperate in the proceedings before the Armed Force Tribunal. (Alok Mathur, J.) Order Date :- 31.1.2025 Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench