Ajit Kumar Das vs Union Of India And Others

The present OA has been filed by the applicant seeking disability pension. At the outset, objection has been raised by the learned counsel for the

respondents on the ground that applicant has failed to avail the alternate remedy available under section 21 of the AFT Act. Counsel for the applicant,

however, states that the Release Medical Board has rejected the grant of disability pension on the ground that it is a case of neither attributable to nor

aggravated to military service. Therefore. no departmental action is required to be taken. However, we do not subscribe to this view and if such a

view is taken then section 21 of the AFT Act would become nugatory_

Confronted with this situation, learned counsel for the applicant submits that the present OA filed by the applicant be treated as representation-cum-

appeal and the respondents be directed to dispose off in a time bound manner.

In view of the submissions made by the learned counsel for the applicant. the OA be treated by the respondents as an appeal and the same be

disposed off in accordance with law by way of speaking order which be communicated to the applicant, so that in case of need, the applicant can take

legal recourse.

With these observations, the OA stands disposed off.