Shri Dinesh Prakash Nautiyal vs Union Of India And Others
2021 Latest Caselaw 859 UK

         HIGH COURT OF UTTARAKHAND AT NAINITAL

                     Writ Petition (S/S) No.134 of 2021

Shri Dinesh Prakash Nautiyal                              ...... Petitioner

                                      Vs.

Union of India and Others                                ..... Respondents


Mr. Siddhartha Bhatia, Advocate for the petitioner.
Mr. Saurabh Adhikari, Advocate for the respondents.



                                JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The petitioner is a person, who served in the Indian Army. He was released from the army on the medical ground. It is the case of the petitioner that despite having served the Indian army for more than 24 years, he has been denied pensionary benefits. Seeking those benefits, instant writ petition has been filed.

2. At the very outset, the Court wanted to know from the learned counsel for the petitioner, as to why should the instant writ petition be entertained in view of existence of Armed Forces Tribunal, constituted under the Armed Forces Tribunal Act, 2007. At it, learned counsel for the petitioner seeks permission to withdraw the writ petition with the liberty to file his claim before the Armed Forces Tribunal.

5. Liberty is granted.

6. The writ petition is dismissed as withdrawn with the liberty, as above.

(Ravindra Maithani, J.) 12.03.2021 Sanjay