Maj. Gen. Brijesh Kumar Singh (Retd.) ... vs Armed Forces Tribunal Regional Bench ...
2024 Latest Caselaw 17809 ALL

Allahabad High Court

Maj. Gen. Brijesh Kumar Singh (Retd.) ... vs Armed Forces Tribunal Regional Bench ... on 17 May, 2024

Author: Rajan Roy

Bench: Rajan Roy

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:37861-DB
 
Court No. - 2
 

 
Case :- WRIT - A No. - 3851 of 2024
 

 
Petitioner :- Maj. Gen. Brijesh Kumar Singh (Retd.) No. Ic-45467x
 
Respondent :- Armed Forces Tribunal Regional Bench Lko. Thru. Head Of Deptt. And Others
 
Counsel for Petitioner :- Ajay Pratap Singh
 
Counsel for Respondent :- A.S.G.I.
 

 
Hon'ble Rajan Roy,J.
 

Hon'ble Om Prakash Shukla,J.

1. Heard Shri Ajay Pratap Singh, learned Counsel for the petitioner and Shri S.B. Pandey, learned Senior Counsel & Deputy Solicitor General of India assisted by Shri Varun Pandey, learned Counsel for the respondents.

2. By means of this petition, the following reliefs have been sought:-

"(a) issue a writ, order or direction in the nature of MANDAMUS commanding the Armed Forces Tribunal, Regional Bench, Lucknow to expedite the execution application No.235 of 2023 (Maj. Gen. Brijesh Kumar Singh V. Union of India and others) and get execute the judgment and order dated 09.01.2023 passed by the Hon'ble Tribunal in the Original Application No.538 of 2022, within the stipulated period.

or in alternate

(b) issue a writ, order or direction in the nature of MANDAMUS commanding the opp. party nos.3 to 5 to make payment of the arrears of the disability pension to the petitioner as awarded by the Armed Forces Tribunal, Regional Bench, Lucknow vide judgment & order dt. 09.01.2023 in Original Application No.538 of 2022, within the stipulated period and also make payment of the same in future regularly.

(c) issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the present circumstances of the case.

(d) allow the writ petition with cost."

3. It is said that the original application of the petitioner has been allowed by the Armed Forces Tribunal, Regional Bench, Lucknow on 09.01.2023, but the same has not been implemented. Therefore, the execution proceedings have been initiated under Section 29 of Armed Forces Tribunal Act, 2007 on 29.07.2023, but till date the execution proceedings are pending.

4. We have perused the order sheet of the execution proceedings without saying much suffice it to say that such proceedings should not remain pending for long and should not be allowed to linger on.

5. We request the Armed Forces Tribunal to conclude the said proceedings as per law expeditiously, but in any case within three months, of course if the judgment execution of which has been sought is challenged before this Court and any orders are passed therein then those orders will also have to be taken into account.

6. Disposed of.

(Om Prakash Shukla, J.) (Rajan Roy, J.)

Order Date :- 17.5.2024

Anand Sri./-