Judgment:
Shrikant Tripathi, Member (J):
1. Heard Smt.Thara Thamban for the applicant and the learned counsel for the respondents and perused the record.
2. The respondents did not file any reply statement, so we proceeded to decide the matter on the basis of the Annexures filed on behalf of the applicant.
3. The applicant, K.M.George, Ex-L-Tel.No.47813, claims reservist pension. He was enrolled in the Indian Navy for 10 years regular and 10 years Fleet Reserve Service. He served the Navy in the Boy's service till 6th June 1957 for 1 year and 98 days. After the Boy's service, he continued in the service of the Indian Navy from 7th June 1957 and was ultimately discharged from the active service on 6th June 1967 with the reserve liability of 10 years from 7th June 1967. He was accordingly transferred to the fleet reserve and remained as such till 19th June 1976 and was issued service certificate with regard to his service in the Fleet Reserve.
4. The learned counsel for the applicant submitted that the applicant had rendered 9 years and 12 days service in reserve, so 4.5 years service as per the policy was liable to the taken into account for pension purposes. If the reserve service had been taken into account along with the active service, the applicant would have earned service pension because his total service in that eventuality, was 15 years and 8 months. But service pension was denied to the applicant on the ground that he had proceeded to the foreign country without prior permission. The learned counsel for the applicant next submitted that the denial of service pension (reservist pension) permanently to the applicant was highly improper.
5. The applicant was discharged from the Fleet Reserve Service in the year 1976 and since then he had been sleeping over the matter without pressing for his rights. He has, however, filed the instant O.A. for the direction to the respondents to sanction him reservist pension. In our view, he should have first approached the respondents for appropriate order regarding the grant of reservist pension before filing the O.A. and as such, he cannot be said to be justified in straight way approaching the Tribunal. The learned counsel for the applicant, therefore, submitted that the applicant may be given an opportunity to submit a representation to the respondents for claiming reservist pension. The learned counsel next submitted that a direction be given to the respondents to give due consideration to the applicant's representation and pass appropriate order thereon.
6. In view of the aforesaid, the instant Original Application is disposed of with the direction that the applicant may, if he so likes, move a representation to the respondent No.3 within two months for grant of reservist pension. If any such representation is given, not only the respondent No.3 but any other authority of the respondent No.1 empowered to take appropriate decision, shall give due consideration to the representation and pass appropriate order thereon in accordance with law and communicate the same to the applicant within four months from the date of receipt of the said representation.
7. There will be no order as to costs.
8. Issue free copy of the order to both side.