Tribunals and CommissionsDivision Bench(2019) 09 AFT CK 0010

BS Raikhy vs Union Of India And Others

Armed Forces Tribunal · Decided on 19 September 2019

HON’BLE JUDGES
Sunita Gupta, J · Philip Campose, Member (A)
RESULT
Disposed Of
CASE NUMBER
Original Application No. 1087 Of 2019, Miscellaneous Application No. 1763 Of 2019

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Judgment

11 paragraphs · 195 words

MA 1763/2019

Vide this application, applicant seeks condonation of delay of 8387 days in filing the OA.

In view of the averments made in the application, delay of 8387 days in filing the OA in condoned. Same is taken on the record. MA stands disposed

off.

0A 1087/2019

Present OA has been filed by the applicant claiming disability pension challenging impugned order dated 14.05.2019. Although in para 6 of the OA it is

stated that the applicant has exhausted all the remedies available to him by way of first and second appeals and did not get any relief. However, on

our query, as to when the first and second appeals were filed and what was the fate of those appeals) Counsel for the applicant fairly concedes that

no such appeal was filed before the competent authority. However, it is alleged that some representation was made, but it is also not on record.

That being so. the OA is premature as the applicant has failed to avail statutory remedies available to him under law Accordingly, OA is disposed off

with liberty to the applicant to seek legal redress in case no relief is granted to him.