Shrimati Rajni Bai Urf Champa Kori vs 506 Army Wash Workshop Jabalpur ...
2023 Latest Caselaw 12780 MP

                                                      1
                           IN    THE    HIGH COURT OF MADHYA PRADESH
                                             AT JABALPUR
                                                     BEFORE
                                               JUSTICE SUJOY PAUL
                                            ON THE 8 th OF AUGUST, 2023
                                          WRIT PETITION No. 10310 of 2022

                          BETWEEN:-
                          1.    SHRIMATI RAJNI BAI URF CHAMPA KORI W/O
                                SW. SHRI SUKHCHAIN KORI, AGED ABOUT 52
                                YEAR S , NIWASI SURAHI BUILDING KE PASS,
                                MAMTA BADERIYA KE MAKAN ME, NEW
                                RAMNAGAR,       THANA-  ADHARTAL,   JILA
                                JABALPUR (MADHYA PRADESH)

                          2.    RAJNIKANT KORI S/O LATE SHRI SUKHCHEN
                                KORI, AGED ABOUT 17 YEARS, OCCUPATION:
                                STUDENT    MINOR    THROUGH     NATURAL
                                GUARDIAN SMT. RAJNI BAI URF CHAMPA KORI
                                W/O LATE SHRI SUKHCHEN KORI R/O SURAHI
                                BUILDING KE PASS MAMTA BADERIYA KE
                                MAKAN    ME    NEW   RAMNAGAR     THANA
                                ADHARTAL JILA JABALPUR (MADHYA PRADESH)

                          3.    RAVIKANT KORI S/O LATE SHRI SUKHCHEN
                                KORI, AGED ABOUT 15 YEARS, OCCUPATION:
                                STUDENT    MINOR    THROUGH     NATURAL
                                GUARDIAN SMT. RAJNI BAI URF CHAMPA KORI
                                W/O LATE SHRI SUKHCHEN KORI R/O SURAHI
                                BUILDING KE PASS MAMTA BADERIYA KE
                                MAKAN    ME    NEW   RAMNAGAR     THANA
                                ADHARTAL JILA JABALPUR (MADHYA PRADESH)

                                                                            .....PETITIONERS
                          (BY SHRI MITHLESH RAJAK - ADVOCATE)

                          AND
                          1.    506 ARMY BASE WORKSHOP JABALPUR M.P.
                                DWARA COMMANDANT 506 ARMY BASE
                                WORKSHOP JABALPUR (MADHYA PRADESH)

                          2.    PUNJAB NATIONAL BANK THROUGH BRANCH
                                MANAGER PUNJAB NATIONAL BANK SHAKHA
                                506 ARMY BASE WORKSHOP JABALPUR
                                (MADHYA PRADESH)
Signature Not Verified
Signed by: RAJESH KUMAR
JYOTISHI
Signing time: 8/10/2023
6:43:23 PM
                                                        2
                          3.    BHARAT SANGH THROUGH RAKSHA SACHIV
                                RAKSHA MANTRALAY SOUTH BLOCK KEBINET
                                RAISEN HILLS NEW DELHI (DELHI)

                                                                                        .....RESPONDENTS
                          (BY SHRI S.K. MISHRA - ADVOCATE)

                                T h is petition coming on for orders this day, t h e cou rt passed the
                          following:
                                                               ORDER

Shri S.K. Mishra, learned counsel for the respondents pointed out that the petitioners are claiming relief which falls within ambit of "service matter" as per Administrative Tribunals Act, 1985 (AT Act). Thus, this petition is not maintainable before this Court.

Learned counsel for the petitioners prays for time. I find no reason to grant time in view of Constitution Bench of Supreme Court in L. Chandra Kumar vs. Union of India (1997) 3 SCC 261, the relevant para reads as under:-

"93. We may add that the Tribunals will, however, continue to act as the only courts of first instance in respect of the areas of law for which they have been constituted. By this, we mean that it will not be open for litigants to directly approach the High Courts even in cases where they question the vires of statutory legislations (except, as mentioned, where the legislation which creates the particular Tribunal is challenged) by overlooking the jurisdiction of the Tribunal concerned."

A conjoint reading of Section 3(q) read with Section 14 of AT Act, 1985 makes it clear that it is wide enough to innclude the prayer regarding pension. Thus, Court of first instance as per Constitution Bench judgment aforesaid is Central Administrative Tribunal. The petition is not entertained and disposed of. Petitioners are at liberty to approach the appropriate forum in accordance with law.

Signature Not Verified Signed by: RAJESH KUMAR JYOTISHI Signing time: 8/10/2023 6:43:23 PM

(SUJOY PAUL) JUDGE rj

Signature Not Verified Signed by: RAJESH KUMAR JYOTISHI Signing time: 8/10/2023 6:43:23 PM