HONBLE MR. JUSTICE B.P.KATAKEY, MEMBER HONBLE LT. GEN. S.K. SINGH, MEMBER
HONBLE MR. JUSTICE B.P.KATAKEY, MEMBER HONBLE LT. GEN. S.K. SINGH, MEMBER 0 R D E R 14.07.2016 Heard Mr. Mohan Kurnar. learned counsel appearing for the appiicant and Mr. SP Sharma, learned counsel appearing for the respondents.
2. The applicant has filed this OA praying for disposal of the ROGs filed by him on 05.10.2015 and 09.04.2016 and also to cancel the order dated 25.05.2016 whereby and whereunder the request of the applicant for premature retirement has been accepted.
3. Learned counsel appearing for the applicant submits that since both the ROGs dated 0510,2015 and 09.04.2016 are still pending, and he has not been intimated about the decision taken thereon. direction may be issued to the respondent authorities to decide the same in accordance with law and also to intimate the applicant about such decision.
4. It has also been submitted that the applicant, at this stage. in view oftiling of the representation dated 20.06.2016 withdrawing the request for premature retirement. would not press the second prayer for cancellation of the order dated 25.05.2016 and instead prays for a direction to the respondent authorities to decide on the request made by him on 20.06.2016 allowrng him to withdraw the request for premature retirement. .2.
5. Learned counsel for the respondents, on instructions, has submitted that the ROG dated 05.10.2015 has already been decided and what is left to be decided is the second ROG before the Honb|e Raksha Mantri dated 09.04.2016. lt has also been submitted that the request led by the applicant on 2006.2016er allowing him to withdraw the request for premature retirement is also still to be decided. Learned counsel also submits that the respondent authorities shall denitely take a decision on the aforesaid ROG dated 09.04.2016 and the request dated 20.06.2016 and intimate the applicant about the decision to be taken by the competent authority.
6. Though the applicant claims that ROG dated 05.10.2015 has not been decided as he has not been intimated about such decision, the same, however, has been disputed by the respondents, as noticed above.
7. Be that as it may. Having regard to the aforesaid submissions advanced, we dispose of the OA with the following directions 1 (a) The respondents shall decide the ROG dated 5.10.2015, if not already decided, and intimate the decision to the applicant. Needless to say that it the said ROG has already been decided, the decision taken thereon shall immediately be communicated to the applicant. (b) ROG dated 09.04.2016 having admittedly been pending, the same shall be decided by the competent authority and shall communicate the decision to the applicant immediately thereafter. (c) The request made by the applicant on 20.06.2016 for allowing him to withdraw the request for premature retirement, shall also be decided by the competent authority by 28.07.2016 and the decision would be intimated to the applicant immediately thereafter .3.
8. The aforesaid exercise in respect of directions (a) & (b) above is directed to be completed within a period of two months from today.
9. The OA is disposed of accordingly.
10. N0 cost. 11' Order dasti. (B.P. KATAKEY) MEMBER (J) (S.K. SINGH) MEMBER (A) 14t07.2016/nsv