(1.) The instant writ petition challenges the order dated 12th December, 2012 whereby the Armed Forces Tribunal has refused to condone the delay in filing the statutory complaint by the petitioner.
(2.) It appears that aggrieved by the failure of the respondents to grant promotion to the rank of Honorary Captain, the petitioner had filed O.A.No.6/2012. This application was withdrawn by the petitioner on the 5th of January, 2012 with liberty from the Armed Forces Tribunal to file statutory complaint before the respondents within 15 days. The respondents were directed to dispose of the same within a period of six months.
(3.) It appears that the petitioner filed a representation on the 1st of March, 2012. However, no action thereon was taken by the respondents necessitating the filing of O.A.No.399/2012. This petition was dismissed by an order dated 12th December, 2012 on the ground that the petitioner had not availed opportunity sought by him and given by Armed Forces Tribunal by making representation within the permitted time.