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Judgment
Rajnish Kumar Rai, Member- J
Shri Ram Nath, counsel for the applicant and Shri Vidyapati Tripathi, learned counsel for the respondents are present and heard.
The applicant has filed this O.A. for the following relief(s): -
“i. issue a suitable order or direction to the opposite parties to consider and decide the representation of the applicant in regard to provide the pensionery benefit in accordance with law.
(b). issue any other suitable order or direction which this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case
(c). award the cost of the original application to the applicant.”
As per pleadings in the O.A., the applicant appeared in the Army Examination and passed the physical and written examination and after being declared medically fit he had joined the services on 08.10.1982. Once again re-medical test of applicant was done on 01.01.1983 at Bhopal, he declared passed and given certificate on 16.02.1983. On 08.11.1983, the applicant has been declared medically unfit from service and discharged the applicant from his service. Being aggrieved in action of opposite party, the applicant has given application dated 28.02.2018 along with other documents before the Controller of Defence (pensions) Draupadighat, Allahabad for disability pension claim before the concerned authority, same is pending. When no action was taken, the applicant approached before the Hon’ble High Court through Writ Petition No. 2159/2019, which was decided on 11.02.2019 with liberty to the applicant to approach the concerned Tribunal under the Administrative Tribunals Act, 1985. Hence, the applicant has filed the present O.A.
No notices in this case were issued and due to casual approach of the applicant’s counsel dates were given in this matter upon 2022. When the matter was listed before the Court on 17.11.2022, same was dismissed in default. On 08.08.2023, the Bench of this Tribunal directed the respondents’ counsel to file the counter affidavit within four weeks. However, same has not been filed till date. The applicant has filed the Supplementary Affidavit.
Today, learned counsel for the respondents raises an objection that there is no jurisdiction with this Tribunal to entertain the present O.A. as the respondents are not notified under Section 14 (2) of the Administrative Tribunals Act, 1985.
After hearing the submissions made by learned counsel for the respondents as well as after perusing the pleadings in the O.A, it is apparent that applicant was medically declared unfit for Army post in the year 1983 and today in the year 2025, he is seeking direction for consideration of disability pension. Further it is apparent that this is different forum for adjudication of applicant’s grievance. Since the recruitment, service condition and termination on medical ground of the applicant is governed under the provisions of Army Act, therefore, I am of the view that unless an Organization is notified under Section 14 (2) of the A.T. Act, 1985, this Tribunal does not get the jurisdiction. From the pleadings, it is clear that the applicant belongs to Army and the same is not notified in this Tribunal. Accordingly, the present O.A. is dismissed for want of jurisdiction. However, liberty is given to the applicant to approach the appropriate judicial forum for redressal of his grievance, if so advised. It is made clear that this Tribunal has not gone into merits of the case as well as into delay and laches. No order regarding cost.