Abhay Kant Abhay v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 5320 of 2018 =========================================================== Abhay Kant Abhay, S/0 Late Shiv Dayal Pandit, Resident of Village- Bhusaula Danapur Chak, P.S. Phulwarisharif, District- Patna. .... .... Petitioner/s

Versus

1. The Union of India through the Secretary & Ministry of Defence Vayu Bhawan, New Delhi-10.

2. The Principal Controller of Defence Accounts (Pension) Subroto Park, New Delhi-110010.

3. The Air Officer Commanding/Station Commander Air Force Station, Kanpur200808.

4. The Directorate of Air Veterans, Subroto Park, New Delhi-110010.

5. The Air Officer Commanding of Air Force Record Office, Subroto Park, New Delhi-110010.

6. The Warrant Officer Incharge Record Wing Discharge, Air Force Record Office, Subrota Park, New Delhi-110010.

7. The President Air Force Wives Welfare Association Bihar, District- Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Shivpujan Sahay, Advocate For the UOI :

Mr. S. D. Sanjay, A.S.G.

Mr. R. K. Sharma, C.G.C.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 28-03-2018 Heard learned counsel for the petitioner and Union of India.

2. In view of the fact that the petitioner who superannuated from the Armed Forces of the Union of India, the claim for pensionary benefits, at the first instance, has to be raised before the Armed Forces Tribunal and not straightaway to the High Court, as per the provisions of The Armed Forces Tribunal Act, 2007, which confers exclusive jurisdiction upon the Armed Forces Tribunal in such matters.

Patna High Court CWJC No.5320 of 2018 dt.28-03-2018 2/2

3. Thus, the objection of the office is valid.

4. Faced with the situation, the writ petition stands disposed off with liberty to the petitioner to move before the appropriate forum, in accordance with law, for the relief claimed in the writ application.

5. The Court would indicate that non interference in the matter by the Court would not prejudice the case of the petitioner and the matter shall be considered on merits as and when he approaches the appropriate forum, in accordance with law. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U