Laxman Singh vs Armed Forces Tribunal Regional Bench ...
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Allahabad High Court

Laxman Singh vs Armed Forces Tribunal Regional Bench ... on 19 November, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:75956-DB
 
Court No. - 1
 

 
Case :- WRIT - A No. - 10402 of 2024
 

 
Petitioner :- Laxman Singh
 
Respondent :- Armed Forces Tribunal Regional Bench Lko. And 4 Others
 
Counsel for Petitioner :- Vijay Kumar Pandey,Dheerendra Kr. Agnihotri
 
Counsel for Respondent :- A.S.G.I.
 

 
Hon'ble Attau Rahman Masoodi,J.
 

Hon'ble Subhash Vidyarthi,J.

1. Heard learned counsel for the petitioner and learned counsel for the Union of India.

2. From the instructions received, it is informed that the Union of India has not assailed the order passed by the Armed Forces Tribunal, Regional Bench, Lucknow rendered in Original Application No. 206 of 2022 on 9.12.2022 before any higher forum or sought the same to be reviewed, as such, as on date, there is no reason to believe as to why the order rendered by the tribunal would not attain finality.

3. Once the order has become final between the parties, it is obligatory upon the judgment debtor to comply with the direction issued.

4. In the present case, the operative part of the judgment passed in Original Application No. 206 of 2022 decided on 9.12.2022 in paragraph 14 reads as under :-

"14. Thus in the result, the Original Application succeeds and is allowed. The respondents are directed to pay 50% disability element of pension to the applicant within a period four months from the date of issuance of a certified copy of this order. Default will invite interest @ 9% p.a."

5. It is for non-compliance of the aforesaid direction that an Execution Case No. 128 of 2023 has come to be filed before the tribunal, which is pending since last about one and a half year.

6. The pendency of the Execution Case No. 128 of 2023 for such a long time has given rise to the present writ petition seeking expeditious disposal of the same.

7. In the circumstances of the case, the Armed Forces Tribunal is hereby directed to proceed with the execution case and finalize the proceedings expeditiously and preferably within a a period of four months from the date a certified copy of the order is filed.

8. The writ petition is accordingly disposed of.

.

[Subhash Vidyarthi,J.] [Attau Rahman Masoodi, J.]

Order Date :- 19.11.2024

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