Allahabad High Court
Raj Nath Mishra vs The Defence Minister Ministry Of ... on 14 July, 2010
Author: Shishir Kumar
Bench: Shishir Kumar
Court No. - 38 Case :- WRIT - A No. - 40473 of 2010 Petitioner :- Raj Nath Mishra Respondent :- The Defence Minister Ministry Of Defence And Others Petitioner Counsel :- Shiv Kant Pandey Respondent Counsel :- A. S. G. I. Hon'ble Shishir Kumar,J.
Heard the learned counsel for the petitioner and Dr. S.C. Nigam, Additional Solicitor General of India assisted by Sri Chandan Sharma as counsel for the respondents.
An objection has been taken on behalf of the respondents that in view of Section 2 of the Armed Force Tribunal Act, 2007, this petition is not cognizable by this Court and it has to go before the Army Tribunal though on the other hand, learned counsel for the petitioner submits that the petitioner is seeking medical facility in view of the Government of India, Ministry of Defence order dated 30.12.2002 regarding providing the Ex-Service Men Contributory Health Scheme, therefore, as the petitioner is claiming the benefit under the particular scheme, that will not cover up the petitioner under Section 2 of the Act and this Court will have the jurisdiction to entertain the writ petition.
After considering the submission of the petitioner and the learned counsel for the respondents, I am of view that the words used under Section 2 of the Act covers up the retired personnel subject to Army Act as well as any other matter. Admittedly, the petitioner is seeking relief for taking benefit of medical facility only in lieu of service rendered in the army. Therefore, in my opinion, it will be appropriate that the petitoner may approach the Army Tribunal. As such, this writ petition cannot be entertained.
It is hereby dismissed on the ground of availability of alternative remedy to the petitioner before the Army Tribunal. No order as to costs.
Order Date :- 14.7.2010 V.Sri/-