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Judgment
Present OA has been filed by the applicant seeking grant of service element of pension or in the alternative provisional pension along with arrears or
in the alternative reinstatement in service. It is averred in the OA that though the applicant had filed a representation dated 24.06.2020, however, the
same has not been disposed off so far.
Counsel for the respondents at the outset, objects to the maintainability of the OA on the ground of territorial jurisdiction because as per memo. of
parties, applicant is resident of U.P. Moreover, no order was passed from Delhi. He further states that applicant did not resorted to alternate remedies
as available under law. If the applicant was aggrieved by the impugned order, he should have preferred an appeal before the competent authority.
With regard to the territorial jurisdiction, counsel for the applicant submits that he was discharged from service from Rajputana Rifles which is at Delhi
and therefore this Tribunal has territorial jurisdiction to entertain the OA. He however, fairly concedes that as prescribed under Section 21 of the AFT
Act, he had sent legal notice but so far six months have not expired from the date of sending legal notice dated 24.06.2020. However, it is submitted
that present OA be treated by the respondents as an appeal and be disposed off in a time bound manner.
Counsel for the respondents objects to these submissions on the ground that the appeal has to be filed in a proper format and therefore, the present
OA should be withdrawn and thereafter appeal be preferred.
Without going into this technical objection raised by the counsel for the respondents, we deem it appropriate to direct the respondents to treat the
present OA as an appeal and be disposed off within the statutory period as prescribed under Section 21 of the AFT Act, 2007 by passing a speaking
order. Needless to say, copy of the speaking order be sent to the applicant who may, if aggrieved, take legal recourse.
With these observations, OA stands disposed off.