Advisory Note to Applicants of OA 3 / 2018 (BB – 3) Case before AFT PB


The AFT case cited above was heard for admission and it was seen from the record that each member did not submit an Affidavit authorising the lead applicant to sign the application.  Alternately each applicant should have individually signed the application which was also not done. Till now the AFT was admitting Applications signed by the Lead litigant who was authorised by the Co Applicants through an Authority Letter. Now this particular AFT Bench is insisting on an Affidavit from each Co applicant and in view of this view expressed by the bench, our Advocate has wisely decided to withdraw the case .While doing so he requested the bench to direct the Respondents to consider the representation from each member in a time bound manner in light of the law laid down in the Ram Avtar Vs UoI case and the full bench Judgment of AFT. The Hon’ble AFT bench accepting the suggestion did so and expected that such Representations will be disposed within four months from the date of the Applications.

It is now come to our knowledge that PS4 (Legal) of AGs Branch of Army Hqrs is the proper authority to deal with the matter (Only for the Offrs) and hence you are required to send your representation, (a copy of which has been sent to all the 159 petitioners of BB – 3), now to Army HQ, AGs Branch, PS -4(Legal). However, in case of JCOs and ORs respective Record Offices are the authority to make the representations. In case the representations are turned down by PS – 4(Legal) and the Record Offices then we will file another case in AFT Delhi free of cost.

A standard format of the Affidavit for signature of each applicant will be put on the TSEWA Blog and the website. Each member will be required to send a notarised Affidavit along with Vakalatnamas in the case to facilitate further action in the matter in an expeditious manner.

In view of the above, it is reiterated that members need not feel despondent about the development in the case and all members may be rest assured that TSEWA will pursue the matter with all vigour. However, the applicants may appreciate that we are bound by the order of the Hon’ble AFT and will have to abide by the Order before we approach the Tribunal again.

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