1. Shri Amit Jaiswal, Advocate filed power today in Court on behalf of the respondents which is taken on record.
2. Heard Shri Dharmesh Sinha, Ld. Counsel for the applicant and Shri Amit Jaiswal, Ld. Counsel for the respondents.
3. The orders in challenge in present Original Application are dated 06.09.2020 and 19.08.2020 by which the applicant's claim regarding grant of reservist pension has been denied.
4. As per office report there is a delay of 13 years, 07 months and 07 days in filing Original Application regarding which submission of Ld. Counsel for the applicant is that matter being related with grant of reservist pension, bar of limitation is not applicable. His further submission is that present Original Application has been filed within six months from the date the orders were passed and, therefore, Original Application is well within time and the defect pointed out by the registry indicating limitation to run from the day applicant was discharged from the service is not tenable.
5. Ld. Counsel for the respondents has opposed the prayer and has submitted that there is a delay of more than thirteen years and explanation offered by the applicant for delay is not sufficient as he has not offered day to day explanation. He has placed reliance on the Judgment of the Hon'ble Apex Court in the case of Union of India v. A. Durairaj (Dead) by LRs, Civil Appeal No. 1783 of 2005, decided on 01.12.2010.
6. Upon hearing the submissions of Ld. Counsel of both sides and considering the facts and circumstances of the case, we find that since the matter pertains to grant of reservist pension, bar of limitation is not applicable. In view of this, defect pointed out by the registry is not tenable, therefore, the same is rejected.
7. Let Original Application be registered.
O.A. No. 21 of 2021
8. Heard.
9. It is a fit case for adjudication.
10. Admit.
11. Ld. Counsel for the respondents seeks and is allowed four weeks time to file Counter Affidavit. Rejoinder Affidavit, if any, may be filed within two weeks next thereafter.
12. List the matter before Registrar on 16.03.2021 for exchange of pleadings. List the matter before Tribunal on 19.04.2021.