Jyotish Prasad Roy @ J. P. Roy v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1182 of 2015 ======================================================

1. Jyotish Prasad Roy @ J. P. Roy S/o Late Parmeshwar Roy Resident of Village Makhana, P.O. Baluachak (Puraini), P.S. Jagdishpur, District Bhagalpur (Bihar), Retired from Sena Seva Corps Abhilekh (Dakshin), ASC Records (South), Banglore-7.

.... .... Petitioner/s

Versus

1. The Union of India through Records, ASC (M.T.), Banglore.

2. Leftinent General, A.S.P.

3. Major, ASP Batalian, Silliguri.

4. Zila Sainik Board, Bhagalpur.

5. Zila Sainik Kalyan Padadhikari, Bhagalpur, Bihar.

6. Senior Record Officer, For O/OIC Records, Sena Seva Corps Abhilekh (Dakshin), ASC Records (South), Banglore-7.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Diwakar Prasad Karn Mr. Chandra Shekhar Anand For the Union of India : Mr. Kumar Priya Ranjan, adv. Mrs. Girija, adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-05-2016 Learned counsel for the Union of India is challenging the jurisdiction of this Court to entertain this application on the ground that the Armed Force Tribunal has already been constituted in terms of Armed Forces Tribunal Act, 2007, which includes the pensionary benefit to the persons of armed forces and submits that the petitioner in stead of approaching this Court should have approached the Tribunal for redressal of his grievance.

In such view of the matter, the petitioner is directed

Patna High Court CWJC No.1182 of 2015 (2) dt.09-05-2016 2/2 to approach the appropriated Armed Forces Tribunal for redressal of his grievance.

With the observations and directions, this writ petition is disposed of.

(Shivaji Pandey, J) pawan/- U