1. Heard Shri Manoj Kumar Awasthi, Ld. Counsel for the applicant and Shri Shyam Singh, Ld. Counsel for the respondents.
2. There is a delay of 39 years, 04 months and 12 days in filing Original Application through which discharge order dated 31.12.1980 has been put in challenge.
3. Ld. Counsel for the applicant has submitted that delay in filing Original Application is not deliberate, but on account illness of the applicant and, therefore, the same should be condoned.
4. Ld. Counsel for the respondents has vehemently opposed the prayer and has submitted that there is a long delay of more than 39 years and the same has not been properly and satisfactorily explained as the applicant has not assigned any cogent and convincing reason for not approaching the Tribunal earlier.
5. Having heard submissions of Ld. Counsel of both sides and considering the facts and circumstances of the case, we find that inordinate delay of more than 39 years has not been properly and satisfactorily explained.
6. Needless to say, in a matter where Original Application is not filed within time applicant is required to explain delay on day to day basis, which applicant has miserably failed and, therefore, he is not entitled to benefit of his so called illness. The applicant was enrolled in Indian Army on 23.09.1990 and was discharged from service on 31.12.1980 after rendering 100 days of service in consequence of unwilling to became an efficient soldier under Rule 13(3) Item (iv) of Army Rules, 1954.
7. In view of above, delay is not liable to be condoned and application made in this regard is, therefore, rejected.
8. Original Application being time barred is also rejected.
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