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2025 DAILYLAW 137824 (ALL)

WING COMMANDER SHER SINGH DAGUR (30364B) (RETD) v. ARMED FORCE TRIBUNAL REGIONAL BENCH LKO. THRU. REGISTRAR AND 4 OTHERS

WRIA/4804/2025 · 2025-05-02

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27197 Court No. - 18 Case :- WRIT - A No. - 4804 of 2025 Petitioner :- Wing Commander Sher Singh Dagur (30364b) (Retd) Respondent :- Armed Force Tribunal Regional Bench Lko. Thru. Registrar And 4 Others Counsel for Petitioner :- Ramesh Chandra Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and Shri S.B. Pandey, learned Deputy Solicitor General of India assisted by Shri Varun Pandey, learned counsel for the respondents. Preliminary objections have been raised by learned counsel for the respondents stating that the petitioner has sought a direction to the opposite parties to comply the order of the respondent no.1 dated 16.01.2024 in Original Application No.795 of 2023. For that, there is already an alternate remedy under Section 29 of the Armed Forces Tribunal Act, 2007 (hereinafter referred to as 'the Act, 2007') and the petitioner has already filed the Execution Application bearing No. 239 of 2024 and the same is pending disposal before the Armed Forces Tribunal (Regional Bench), Lucknow. Learned counsel for the petitioner submits that the Original Application No. 795 of 2023 was allowed by the learned Tribunal with a direction to grant disability element to the petitioner. After arguing at some length, learned counsel for the petitioner submits that it would be suffice, if the learned Tribunal i.e., Respondent no. 1 is directed to decide the Execution Application filed under Section 29 of the Act, 2007 read with Rule 25 of the Armed Forces Tribunal (Procedure) Rules, 2008 expeditiously. Shri S.B. Pandey, learned counsel for the respondents submits that he has no objection to the aforesaid innocuous prayer. I have heard learned counsel for the parties and perused the records. Prima facie, it seems that in the event of non-compliance of the direction of the learned Tribunal, the petitioner has filed an execution application bearing Execution Application No. 239 of 2024. It appears that the order passed by the learned Tribunal has not been complied till date. Thus, the petitioner is praying for appropriate direction so that the compliance of the judgement and order of Armed Forces Tribunal (RB), Lucknow dated 16.01.2024 is done. In view of the above and with the consent of the parties, the writ petition is disposed of and it is provided that if there is no legal impediment, the Armed Forces Tribunal, Regional Bench, Lucknow shall decide the Execution Application No. 239 of 2024 expeditiously, say, within a period of three months from the date a certified copy of this order is produced before it. The parties undertake to cooperate in the proceedings before the Armed Forces Tribunal. Order Date :- 2.5.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench