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2025 DAILYLAW 197636 (ALL)

MANENDRA KUMAR SINGH v. ARMED FORCES TRIBUNAL REGIONAL BENCH LKO. THRU. REGISTRAR AND 4 OTHERS

WRIA/12594/2025 · 2025-10-17

Amitabh Kumar Rai, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12594 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned Counsel for the petitioner and Sri Ashwani Kumar Singh, learned Counsel for the respondent nos. 2 to 5. 2. This petition has been filed with the following main prayer:- "i. Issue appropriate directions to the Hon'ble Armed Forces Tribunal, Regional Bench, Lucknow, to decide Execution Application No. 394 of 2022, Ex-ACP Nb.Sub. Manendra Kumar Singh vs. Union of India & others (Annexure-3), expeditiously within a time-bound period as may be fixed by this Hon'ble Court, in view of the judgment and order dated 25.03.2022 passed in O.A. No. 814 of 2021 (Annexure-1), duly served upon the opposite parties along with petitioner's representatien dated 22.04.2022 and postal receipt dated 17.05.2022 (Annexure-2), as also evidenced from the official order-sheets filed herein (Annexure- 8)." 3. It has been submitted by learned Counsel for the petitioner that the petitioner had filed an Original Application No.814 of 2021 before the Armed Forces Tribunal at Lucknow seeking parity of pay with his juniors Versus Counsel for Petitioner(s) : Vijay Kumar Pandey Counsel for Respondent(s) : A.S.G.I. Manendra Kumar Singh .....Petitioner(s) Armed Forces Tribunal Regional Bench Lko. Thru. Registrar And 4 Others .....Respondent(s) and grant of disability element. Such Original Application was allowed on 25.03.2022. The respondents were directed to revise the petitioner's pay in comparison to his juniors, grant him arrears and release disability element within a period of four months of the receipt of such order. The order of the Tribunal was duly served upon the respondents by a representation dated 22.04.2022. Despite such receipt, compliance was not made and hence Execution Case/ Application No.394 of 2022 was filed on 30.12.2022. It was taken up as fresh on 04.01.2023. Thereafter, the matter has been repeatedly adjourned on one ground or the other. 4. The petitioner had earlier approached this Court by filing a Writ Petition, namely, Writ-A No.9952 of 2025 praying for a direction to the Tribunal to decide the Execution Application. The matter was directed to be converted to a petition under Section 227 of the Constitution of India. However, the said writ petition was withdrawn by the petitioner in view of the judgement rendered by this Court in Laxman Singh Vs. Armed Forces Tribunal and others. 5. The instant writ petition has been filed praying for the aforesaid relief as the petitioner is facing grave financial hardship because of non execution of the order passed by the Tribunal in his favour. 6. This petition is disposed of with a direction to the respondent no.1 to decide the Execution Application expeditiously, say, within a period of six months from the date a copy of this order is produced before him. October 17, 2025 Rahul WRIA No. 12594 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench