Allahabad High Court
Nihal Singh vs Union Of India And 4 Others on 8 January, 2024
Author: Prakash Padia
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:3334 Court No. - 35 Case :- WRIT - A No. - 21745 of 2023 Petitioner :- Nihal Singh Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Puneet Srivastava,Amit Srivastava Counsel for Respondent :- A.S.G.I.,Satish Chaturvedi Hon'ble Prakash Padia,J.
1. The petitioner has preferred the present petition with the following prayer:-
"Issue a writ order or direction in the nature of mandamus commanding and directing the respondent authorities to consider the claim of the petitioner and issue pension according corrigendum P.P.O. No. S/CORR/012420/2020 dated 23-10-2020 in favour of petitioner for the post of Honorary Naib Subedar within the stipulated time, in the interest of justice."
2. Sri Sunil Sharma, Advocate filed his memo of appearance on behalf of Union of India/respondent Nos.1, 2 & 3 and the same is taken on record. He also placed instruction dated 23.12.2023 received from the office of Legal Cell of O.I.C. which is taken on record.
3. It is argued by learned counsel for the respondent on the basis of the instructions that since the matter is cognizable by the Armed Forces Tribunal Lucknow, the present petition is not maintainable. The relevant portion of the instruction is reproduced hereinbelow:-
"1. It is intimated that CMWP No. /2023 filed by Ex Hav Nihal Singh Vs UOI pertains to pension of the petitioner. It is a service matter under sec 3 (0) of the Armed Forces Tribunal Act 2007 and therefore, is within the jurisdiction of the Armed Forces Tribunal Constituted under the AFT Act, 2007.
2. In view of the same, you are requested to plead the same before Hon?ble High Court so that the case can be dismissed by the Hon?ble Court since appropriate alternative remedy is available to the petition to approach AFT or same be transferred to AFT Lucknow in accordance with sec 34 of AFT Act 2007."
4. Since the statutory remedy is available to the petitioner to approach the Armed Forces Tribunal constituted under Armed Forces Tribunal Act, 2007, the present petition is not maintainable before this Court.
5. Accordingly, the present petition is dismissed with liberty to the petitioner to approach the Armed Forces Tribunal Lucknow constituted under Armed Forces Tribunal Act, 2007
6. This order is passed in the presence of Sri Satish Chaturvedi, learned counsel for respondent Nos.4 & 5 also.
Order Date :- 8.1.2024 saqlain