Gyandeo Prasad Singh v. Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22951 of 2018 ====================================================== Gyandeo Prasad Singh Son of Late Dhanpati Prasad Singh Resident of Village- Rajawar, P.S.- Rajoun, District- Banka. ... ... Petitioner/s

Versus

1.

Union Of India and Ors.

2.

Lieutenant General, Central Command, A.G.I. Bhawan Rao Tula Ram Marg, Post Bag No. 14, P.S. Vasant 3.

Lieutenant Colond, Artillery Centre, Nasik Road Camp, P.S,- Nasik Road, District- Nasik, Maharastra 4.

Principal, C.D.A Pensions Allahabad, P.S.- Draupad Ghat, Allahabad ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rahul Kumar Singh, Advocate For the Respondent/s :

Mr. Manoj Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 23-11-2022 Heard Mr. Rahul Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Manoj Kumar Singh, learned counsel for the Union of India.

The petitioner, who was, appointed as a Sepoy (Constable) on 28.08.1984 in the army, after due physical and oral test and after having undergone training in various fields of the defence arena, he was inducted in the artillery division of the army and came to be known as gunner. During course of his service, the petitioner fell ill and was referred to the army hospital, where the doctors diagnosed that the petitioner was suffering from "solitary seizure" and was unfit to serve the Indian Army.

Patna High Court CWJC No.22951 of 2018 dt.23-11-2022 2/2 At this juncture, learned counsel for the Union of India raises the preliminary objection with regard to the maintainability of the writ application and submits that after formation of Armed Forces Tribunal, under the Armed Forces Tribunal Act, 2007, the petitioner may be directed to approach before the said tribunal. After some argument, the counsel for the petitioner seeks permission to withdraw this application with a liberty to move before the Armed Forces Tribunal.

It is needless to say that, if any application/petition would be filed before the Armed Forces Tribunal, the same shall be considered sympathetically, taking into account that the petitioner was, bonafidely, pursuing his remedy before this Court, since 2018.

Accordingly, the present writ application stands disposed of with the aforesaid liberty.

(Harish Kumar, J) shivank/- AFR/NAFR NAFR CAV DATE NA Uploading Date 25.11.2022.

Transmission Date NA