Decided on July 04,2007

ROSHAN LAL Appellant
UOI Respondents


T.S.Thakur, J. - (1.) Aggrieved by an order dated 25th February, 2004 refusing grant of pension, the petitioner appears to have preferred an appeal before the Chief of the Army Staff. The said appeal, although filed in April 2006, has not been considered and disposed of even when the receipt of the appeal was acknowledged by the respondents in terms of their letter dated 31st October, 2006. The petitioner has, in that backdrop, challenged order dated 25th February, 2004 and prayed for a direction to the respondents to grant him service as also disability pension.
(2.) Learned counsel appearing for the respondent submits that since the petitioner claims to have filed an appeal against the impugned order, the proper course for this Court may be to direct disposal of the writ petition instead of examining the validity of the order under challenge. We find merit in that submission. Since the order challenged in the writ petition is already before the Chief of the Army Staff, we see no reason why the appeal should not be disposed of before this Court is called upon to examine the validity of the said order.
(3.) We, accordingly, direct that the appeal preferred by the petitioner against order dated 25th February, 2004 shall be examined and disposed of by the competent authority expeditiously but not later than four months from today under intimation to the counsel, who shall then have the liberty to seek such redress as may be otherwise available to him in law.;

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