Dismissed

NO.905223 B Sergeant Pp Prince Hq Southern Air Command (Unit) v. Union of India

Kerala HC8 Jan 2021WP(C)/329/2021

Case brief

AI extract

What is this about?

A Writ Petition filed by an Air Force Sergeant seeking discharge on compassionate grounds was dismissed. The court opined that the matter is maintainable only before the Armed Forces Tribunal, not this High Court, and dismissed the petition without affecting the petitioner's right to approach the AFT.

What did the court decide?

Petitioner's writ petition is dismissed without prejudice to the right of petitioner to approach AFT for early hearing.

NO.905223 B Sergeant Pp Prince Hq Southern Air Command… — Service and Employment | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942

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WP(C).No.329 OF 2021(M)

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PETITIONER/S:

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NO.905223 B SERGEANT PP PRINCE HQ SOUTHERN AIR COMMAND (UNIT) AIR FORCE, AKKULAM P.O., THIRUVANANTHAPURAM - 695 031.

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BY ADVS. SRI.T.R.JAGADEESH SRI.V.A.VINOD SRI.B.RATHEESH

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RESPONDENT/S:

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1 UNION OF INDIA

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REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, NEW DELHI - 110 011.

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2 THE CHIEF OF THE AIR STAFF AIR HEADQUARTERS (VAYU BHAVAN) NEW DELHI -110 011.

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3 DIRECTOR OF PERSONNEL (AIRMEN) AIR HQ (VB), NEW DELHI - 110 011.

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4 AIR OFFICER COMMANDING AIR FORCE RECORD OFFICE, NEW DELHI - 110 010.

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5 COMMANDING OFFICER HQ SOUTHERN AIR COMMAND (UNIT) AIR FORCE, AKKULAM, THIRUVANANTHAPURAM - 693 031.

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R1-5 BY ADV. SMT.O.M.SHALINA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.329 OF 2021(M)

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JUDGMENT

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Dated this the 8^th day of January 2021

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This writ petition is filed seeking directions to the competent authority among the respondents to consider Ext.P8 request and grant discharge to the petitioner on compassionate grounds.

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I find that the prayers sought for in the writ petition are matters, which are liable to be considered by the Armed Forces Tribunal. The learned Central Government Counsel appearing for the respondents specifically submits that the AFT is conducting sittings for taking up matters allotted to the Ernakulam Bench as well and that if an urgent application is moved with the certification from the Registrar of the AFT, the matters are being heard through video conferencing by the Principal Bench.

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In the above view of the matter, I am of the opinion that this writ petition is not maintainable before this Court.

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WP(C).No.329 OF 2021(M)

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The writ petition fails and is accordingly dismissed without prejudice to the right of the petitioner to approach AFT seeking an early hearing of the matter.

Sd/-

ANU SIVARAMAN

sab

JUDGE

WP(C).No.329 OF 2021(M)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF POSTING SIGNAL NO.2020/AFRO/RDC/109 DATED 13/11/2020 AND A TYPED CLEAR COPY. EXHIBIT P2 TRUE COPY OF SIGNAL NO.2020/HQSAC(U)/PA219 DATED 28/12/2020. EXHIBIT P3 TRUE COPY OF SERVICE CERTIFICATE OF PETITIONER'S WIFE. EXHIBIT P4 TRUE COPY OF EXTRACT OF RELEVANT PAGES OF POSTING POLICY ISSUED VIDE AIR HQ/S40301/PA II DATED 07/07/2020. EXHIBIT P5 TRUE COPY OF OFFICE MEMORANDUM F.NO.28034/9/2009-ESTT(A) DATED 30/9/2009. EXHIBIT P6 TRUE COPY OF REQUEST FOR CO-LOCATION POSTING DATED 22/6/2020 SUBMITTED BY PETITIONER. EXHIBIT P7 TRUE COPY OF LETTER NO.HQ SAC(U)/201/5/P3 DATED 9/11/2020 ALONG WITH REQUEST FOR RECONSIDERATION OF COLOCATION POSTING DATED 29/10/2020. EXHIBIT P8 TRUE COPY OF REQUEST FOR DISCHARGE DATED 31/12/2020 SUBMITTED BY THE PETITIONER. EXHIBIT P9 TRUE COPY OF DISCHARGE POLICY ISSUED VIDE AIR FORCE ORDER NO.16/2008.

NO.905223 B Sergeant Pp Prince Hq Southern Air Command (Unit) v. Union of India

Case brief

What is this about?

What did the court decide?

NO.905223 B Sergeant Pp Prince Hq Southern Air Command (Unit) v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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