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Judgment
Counsel for the applicant has placed on record a letter dated 16.02.2021 for showing that the appeal sent by the applicant claiming disability pension
was received by the department.
Counsel for the respondents on the other hand has handed over a letter dated 16.03.2021 vide which after the receipt of appeal, the applicant was
directed to furnish the following documents:-
(a)Â Â Â Delay explanation stating the reasons under which you could not appeal within the stipulated time.
(b)Â Â Non-Employment Certificate duly attested by Zila Sainik Board.
(c)Â Â Â Non-Conviction Certificate from Police Authority stating that you have not convicted for any crime till to date.
(d)Â Â An undertaking that no claim will be preferred for interim period.
Thereafter, a reminder was also sent on 28.04.2021.
It is submitted that instead of furnishing the documents, present OA has been filed. Same be dismissed as premature and applicant be directed to file
reply and furnish the documents.
Counsel for the applicant submits that both these letters have not been received by the applicant. Respondents to supply copy of these letters to the
applicant.
Applicant is directed to furnish reply to points ‘a’, ‘b’ and ‘c’ of para 3 of the letter dated 16.03.2021. However, as far as
‘d’ is concerned, we are of the view that by calling upon the applicant furnish an undertaking that he will not claim for interim period,
respondents wants to curtail his right in case he ultimately succeeds in establishing that he is entitled for disability pension. That being so, applicant is
directed to furnish his reply to the letter dated 16.03.2021 within three weeks and thereafter, the appeal be disposed off by the respondents within two
months by passing a speaking order. Needless to say, copy of the order be supplied to the applicant so that in case of need, he can take legal recourse.
With these observations, OA stands disposed off. MAs, if any also stand disposed off.