Single judge declined to entertain the writ petition challenging the rejection of a disability pension order, directing the petitioner to approach the Armed Forces Tribunal constituted under the Armed Forces Tribunal Act, 2007, as per law.
Writ petition disposed of with direction to approach the Armed Forces Tribunal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(C) No.4662 of 2016
02. 04.04.2016 Heard learned counsel for the petitioner and learned A
ssistant Solicitor General of India for Orissa High Court, Cuttack.
This writ petition has been filed challenging the order dated 30.04.20
07, passed by the 2nd Appellate Authority, New Delhi, rejecting the prayer of the petitioner f
or grant of disability pension.
As the impugned order is required to be assailed before the Tribunal c
onstituted under the Armed Forces Tribunal Act, 2007, I am not inclined to entertain this writ
petition in exercise of extra ordinary writ jurisdiction.
It is open for the petitioner to approach the learned Tribunal, as pro
vided in law.
Writ petition is accordingly disposed of.
S.C. Parija, J.
1
2
1 issue framed by the court
Whether this writ petition should be entertained in exercise of extraordinary writ jurisdiction when the impugned order is required to be assailed before the Armed Forces Tribunal.
Petitioner
Orissa High Court, Cuttack
S.C. Parija
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court