1. On the case being taken up for hearing Shri Shesh Narayan Pandey, Advocate, appears on behalf of the respondents and submits that he will file Memo of Appearance in the registry during the course of the day.
2. Heard Shri Vijay Kumar Pandey, Ld. Counsel for the applicant and Shri Shesh Narayan Pandey, Ld. Counsel for the respondents.
3. This is an Original Application filed under Section 14 of the Armed Forces Tribunal Act, 2007 for the grant of pensionary benefits.
4. There is a delay of 13 years, 08 months and 13 days in filing of Original Application regarding which an application for condonation of delay has been filed. An affidavit has also been filed in support of delay condonation application stating that delay in filing of Original Application is not deliberate.
5. Upon hearing submissions of Ld. Counsel of both sides and considering that cause shown for the delay is sufficient and also that bar of limitation is not applicable in pensionary matter, delay in filing Original Application, if any, is condoned. Delay condonation application stands allowed accordingly.
O.A. No. 855 of 2021
6. It is a fit case for adjudication.
7. Admit.
8. 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 thereafter.
9. Ld. Counsel for the applicant submitted that in the prayer clause inadvertently the word ‘disability pension’ has been typed whereas it should be ‘Pension’ only. Therefore, he may be permitted to delete the word ‘disability’ which is allowed.
10. Ld. Counsel for the applicant is permitted to delete the word ‘disability’ mentioned in the prayer clause of the Original Application forthwith.
11. List the matter before Registrar on 28.02.2022 for exchange of pleadings. List the matter before Tribunal on 25.03.2022.