This single-paragraph order disposes of a writ petition seeking disability and family pension for the petitioner. The petitioner's husband, a discharged Navy sailor, approached for pension. The court held the matter was cognizant by the Armed Forces Tribunal and dismissed the petition on grounds of alternative remedy. (Hold
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WPSS No.728 of 2013 Hon’ble Sudhanshu Dhulia, J.
Ms. Janki Surya, Advocate present for the petitioner.
Ms. Anjali Bhargava, Standing Counsel for the Union of India.
Petitioner’s husband was a Sailor in Indian Navy and he was discharged from his service in the year 1988. Present writ petition has been filed for grant of disability pension and family pension also.
A preliminary objection has also been raised by learned counsel for the Union of India that the matter is cognizable by the Armed Forces Tribunal.
This Court is satisfied with the arguments of the Counsel of the Union of India that the matter must first go to the Tribunal.
The writ petition is hence dismissed on the ground of alternative remedy.
( Sudhanshu Dhulia, J. 20.03.2014
JKJ
2 issues framed by the court
Whether the writ petition regarding grant of pension fell within the territorial jurisdiction of the Armed Forces Tribunal.
Whether the alternative remedy available under the Armed Forces Tribunals Act acts as a bar to filing the writ petition.
Petitioner
Union of India
Sudhanshu Dhulia
As recorded by the court registry
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