NO. 1580573-N EX NK RADHEY SHYAM YADAV @ RADHE SHYAM YADAV v. ARMED FORCES TRIBUNAL REGIONAL BENCH LKO. THRU. CHAIRMAN AND 4 OTHERS
WRIA/4725/2025 · 2025-04-30
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137174 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137174 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:24952 Court No. - 18 Case :- WRIT - A No. - 4725 of 2025 Petitioner :- No. 1580573-N Ex Nk Radhey Shyam Yadav @ Radhe Shyam Yadav Respondent :- Armed Forces Tribunal Regional Bench Lko. Thru. Chairman And 4 Others Counsel for Petitioner :- Sudhir Kumar Singh Counsel for Respondent :- A.S.G.I. Hon'ble Karunesh Singh Pawar,J.
1. Heard learned counsel for the petitioner and Shri S.B. Pandey, learned Deputy Solicitor General of India, assisted by Shri Varun Pandey on behalf of the respondent nos.2,3,4 and 5.
2. Through this petition, the petitioner has prayed for a direction to the respondent no.1 to decide the Execution Application No.449 of 2023 expeditiously.
3. Submission of learned counsel for the petitioner is that the petitioner has filed Original Application No.399 of 2021 before Armed Forces Tribunal, Regional Bench, Lucknow, which was allowed vide order dated 12.7.2023 with a direction to pay arrears of pension to the petitioner within a period of four months from the date of communication of this
order. He submits that the order was communicated to the respondents on 25.7.2023, however, till date the execution application has not been decided. The order dated 12.7.2023 has attained the finality as no appeal against this has been filed by the respondents. In these circumstances the petitioner has filed the execution application before the Armed Forces Tribunal being Execution Case No.449 of 2023. He submits that respondents are not cooperating and complying the direction issued by the AFT. The petitioner has made innocuous prayer in the execution proceeding vide order dated 19.4.2024. Even costs of Rs.5000/- has been imposed upon the respondents still they are not complying with the
order of the Armed Forces Tribunal.
4. Shri S.B.Pandey, learned Deputy Solicitor General of India has raised objection that there is a express bar under Article 227 of the Constitution of India upon supervisory jurisdiction of this Court, to which learned counsel for the petitioner submits that the objection is misconceived in as much as he has not filed writ petition under Article 227 of the Constitution of India.
5. Considering the innocuous prayer made by the petitioner so also the similar order annexed with the writ petition passed by the coordinate Bench of this Court, contained in Annexure-3 to the writ petition, the petition is disposed of with a direction to the Armed Forces Tribunal Regional Bench Lucknow to decide the execution case no.449 of 2023 expeditiously say within a period of three months from the date of receipt of a certified copy of this order.
6. The parties undertake to cooperate in the proceedings before Armed Force Tribunal.
Order Date :- 30.4.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench