Delhi High Court

Wing Commander J. Ramani (Retd.) vs Union Of India & Ors on 10 December, 2013

Author: Gita Mittal

$~25
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+            W.P.(C) No.7761/2013 & CM No.16512/2013

                                        Date of decision : 10th December, 2013


    WING COMMANDER J. RAMANI (RETD.)                                ..... Petitioner
                Through  Mr.Inderjit Singh, Adv.

                               versus

    UNION OF INDIA & ORS                                   ..... Respondents
                   Through                Mr.Himanshu Bajaj, CGSC
                                          for R-1 to 4

    CORAM:
    HON'BLE MS. JUSTICE GITA MITTAL
    HON'BLE MS. JUSTICE DEEPA SHARMA

    GITA MITTAL, J. (Oral)

CM No.16512/2013

1. Allowed, subject to just exceptions.

WP (C) No.7761/2013

2. The petitioner in the instant case assails the order dated 20 th

November, 2013 passed by the Armed Forces Tribunal (AFT), Principal

Bench, New Delhi IN OA No.446/2013 praying for quashing of the PPO

No.08/14/A/Rev./1304/2013 dated 16th May, 2013 and an order passed by

the Principal Director, Directorate of Air Veterans, New Delhi, respondent

no.3 herein, dated 4th October, 2013 rejecting the representation of the

petitioner.

3. The petitioner in the instant case, an officer of the Indian Air Force,

joined the Air Force on 15th January, 1971 in the Metrological Branch. The

petitioner proceeded on pre-mature retirement on 31st October, 2001.

4. The petitioner has contended that upon such retirement, he was

granted pension benefits taking the reckonable qualifying service for its

computation as thirty years nine months and sixteen days. It appears that a

corrigendum was issued on 16th May, 2013 intimating that the Pension

Payment Orders (PPOs) have been amended which led to the respondents

treating the reckonable service as twenty nine years ten months and thirteen

days. This order was passed at Delhi by the Deputy Controller of Defence

Accounts, Subroto Park, New Delhi, respondent no.4 herein. The

petitioner's representation against the same was rejected by the respondent

no.3 also at Delhi.

5. Aggrieved by these orders, the petitioner had filed the afore-noticed

original application before the Armed Forces Tribunal, Principal Bench,

New Delhi. This petition was taken up for hearing on 20 th November, 2013

and was summarily rejected on the ground that the petitioner was not

residing within the jurisdiction of the Principal Bench at New Delhi and,

therefore, the Bench did not have the territorial jurisdiction to entertain and

adjudicate upon the subject matter of the case.

6. Before us, learned counsel for the petitioner has submitted that even

though the permanent address of the petitioner has been reflected as

different place beyond the jurisdiction of the court, however, both the

impugned orders have been passed at Delhi. Therefore, in terms of Rule 6

(1)(ii) of the Armed Forces Tribunal (Procedure) Rules, 2008, the cause of

action for filing the petition had arisen wholly within the jurisdiction of the

Principal Bench, New Delhi and by virtue of sub-rule 1(ii) of Rule 6 of the

Armed Forces Tribunal (Procedure) Rules, 2008. As such, the Principal

Bench at New Delhi had territorial jurisdiction to entertain and adjudicate

upon the subject matter of the case.

7. We have heard learned counsel for the parties on the matter in issue

which is raised in this petition. Our attention has been drawn to a similar

issue which was decided by an order dated 21st February, 2013 passed in

WP (C) No.1096/2013 Lt. Col. Alok Kaushik (Retd.) Vs. Union of India &

Ors before this court in similar circumstances which supports the case of the

petitioner.

8. Before considering the factual aspect of the matter, we may firstly

advert to the rule position. In this regard, Rule 6 of the Armed Forces

Tribunal (Procedure) Rule, 2008 is relevant and reads thus:-

"6. Place of filing application (1) An application shall ordinarily be filed by the applicant with the Registrar of the Bench within whose jurisdiction-

(i) the applicant is posted for the time being, or was last posted or attached; or

(ii) where the cause of action, wholly or in part, has arisen:

Provided that with the leave of the Chairperson the application may be filed with the Registrar of the Principal Bench and subject to the orders under section 14 or section 15 of the Act, such application shall be heard and disposed of by the Bench which has jurisdiction over the matter.

(2) Notwithstanding anything contained in sub-rule (1), a person who has ceased to be in service by reason of his retirement, dismissal, discharge, cashiering, release, removal, resignation or termination of service may, at his option, file an application with the Registrar of the Bench within whose jurisdiction such person is ordinarily residing at the time of filing of the application."

9. A bare reading of Rule 6 would show that sub-rule 1(ii) of the Rule,

in fact, confers discretion upon a retired force person to file the petition

before a Bench within whose jurisdiction he is ordinarily residing at the

time of filing of the application. Even otherwise, sub-rule 1(ii) of Rule 6

further mandates that an application shall ordinarily be filed before the

Bench within whose jurisdiction the cause of action wholly or in part has

arisen. In the instant case, both the impugned orders have been passed at

Delhi. Therefore, the Principal Bench, New Delhi would have the territorial

jurisdiction to entertain and adjudicate upon the subject matter of the case.

10. In this regard, we may also usefully refer to the observations of this

court in Lt. Col. Ashok Kumar (Retd.) Vs. UOI (supra) wherein the

court held thus:-

"10. It is apparent from the provision itself that the choice of instituting a proceeding or application before the Tribunal is with the petitioner/applicant. He can choose any of the following places:

(i) where the applicant is posted (or attached) for the time being.

(ii) (where the applicant) was last posted or attached; or

(iii) where the cause of action, wholly or in part, has arisen:

Unlike in the case of Section 20 of the CPC, which mandates that the place where the defendant resides or works for gain, or where the cause of action arises, in whole or in part, the choice of selecting the forum in the case of matters covered by the Armed Forces Tribunal is wider; it can be exercised by the applicant. Interestingly, the applicant can even approach the Bench of the Tribunal having jurisdiction over the place where he was last posted or attached.

11. In the present writ petition, considering the totality of the facts and circumstances and observing that the competent authority which ordered the PMR and later rejected the request of the Petitioner for cancellation of the PMR order is situated in Delhi, it can be said that the Principal Bench of the Armed Forces Tribunal had the jurisdiction to adjudicate the disputes of the petitioner pertaining to his application of cancellation of premature retirement. In the circumstances, the order of the Tribunal directing the application of the petitioner to be sent to the Lucknow Bench of the Armed Forces Tribunal cannot be justified."

11. Learned counsel for the petitioner has also contended that though his

permanent residence is in Chennai, however, he ordinarily resides at New

Delhi with his offspring at the address which was also reflected in the memo

of parties placed before the Principal Bench. The Principal Bench, New

Delhi would have jurisdiction over the subject matter by application of Rule

6(2) as well. This aspect has been completely overlooked.

12. In view of the above, the order dated 20th November, 2013 is hereby

set aside and quashed. The matter shall stand remanded to the Armed

Forces Tribunal, Principal Bench, New Delhi for hearing on the merits of

the rival contentions.

13. The parties shall appear before the Registrar of the Armed Forces

Tribunal on 15th January, 2014 for further directions in the matter.