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Judgment
Present OA was filed by the applicant seeking directions to hold Review Medical Board in terms of Para 143 of the Defence Services Regulations of
the Army or in the alternative to grant Disability Pension. When the matter was taken up on 3rd March 2021, the applicant was directed to satisfy
regarding jurisdiction of this Tribunal as the applicant is the resident of U.P. and there was no impugned order. Main counsel for the applicant was not
available on that day. Hence it was adjourned for 8th July 2021. Bench did not assemble on that day, hence the case is being taken up today.
Counsel for the applicant has referred to Para 3 of the letter dated 6th March 2012, according to which as per Government of India, Ministry of
Defence Policy on the subject AMB will only be conducted at Base Hospital or Army Hospital (R&R) Delhi Cantonment and as such it is submitted
that since the applicant is seeking Review Medical Board which can be conducted only at Delhi, therefore, this Tribunal has jurisdiction to entertain
the OA.
It is further stated by her that the matter was taken up on 3rd March 2021 and thereafter on 4th March 2021, a letter was received by the applicant to
which he has already filed response which has not been disposed off by the respondents. Thereafter she has filed another OA claiming disability
pension which is still pending.
Heard. Admit.
Issue notice to the respondents. Notice is accepted by Mr. Ashok Chaitanya, Advocate on behalf of the respondents. He seeks time to file Counter
Affidavit. Same be filed within four weeks with an advance copy to counsel for the applicant.
List on 06.09.2021 before the Principal Registrar for completion of pleadings.