Service matters of Railway Protection Force members, an armed force, excluded from High Court and CAT jurisdiction per Section 2(a) AT Act; writ not maintainable, remedy before CAT.

JUDGMENT :

Heard learned counsel for the petitioner and learned Senior counsel for the Union of India.

2. Learned counsel for the petitioner submits that the husband of the petitioner has earlier moved before this Hon’ble Court in C.W.J.C. No. 20642 of 2010 which was allowed in favour of the petitioner’s husband vide order dated 11.05.2011. Subsequently, the petitioner’s husband died on 24.03.2016. In this regard, the arrears arising out of his service was directed to be paid to the petitioner. The petitioner submitted representation for grant of promotional benefits, payment of arrears of salary and all other benefits. In this regard, the petitioner has filed writ application bearing C.W.J.C. No. 7845 of 2023 and the same was disposed off as not pressed vide order dated 05.12.2023 with liberty to the petitioner to approach the respondents authorities for redressal of her grievances. Counsel further submits that in this regard, the petitioner filed her representation before the authority concerned on 26.12.2023 (annexed as Annexure-P/6), but till date, the respondent authority has not taken any decision on her representation. Thereafter, the petitioner has filed the present writ petition for grant of relief i.e. promotional benefits, payment of arrears of salary and all other benefits for which she has filed her representation, as the prayer added in the present writ petition.

3. Learned Senior counsel for Union of India, on the other hand, submits that admittedly, the petitioner is wife of deceased employee who was working in the Railway Protection Force posted in the department of Railway. Counsel relied on the recent judgment dated 16.01.2026 passed by the Hon’ble High Court of Delhi in case of Union of India Vs. Kapil Gurjar in W.P.(C) 1102/2023 & CM APPL. 4349/2023, CM APPL. 10769/2023, CM APPL. 10865/2025, CM APPL. 23257/2025 Counsel submits that the present writ petition based on the grievances under the Railway Protection Force Act, 1957 (Act No. 23 of 1957), wherein, the petitioner claims relief on the ground that her husband was an employee of the RPF, is not maintainable before this Hon’ble Court and is maintainable only before the respective Bench of the Central Administrative Tribunal.

4. In the light of the submissions made by the parties and upon perusal of the said judgment rendered by the Hon’ble High Court of Delhi in case of Union of India Vs. Kapil Gurjar (supra), it is necessary to quote the relevant paras of analysis and findings which states as follows:-

“25. We have considered the submissions advanced by the learned counsels appearing for the parties.

26. As noted hereinabove, we are confining the present judgment solely to the issue of jurisdiction of the learned Tribunal to entertain an application concerning matters relating to the recruitment to the RPF.

27. In order to answer the aforesaid issue, it would be apposite to first refer to certain relevant Articles of the Constitution of India and the provisions of the Administrative Tribunals Act, 1985 and the Railway Protection Force Act, 1957.

28. Article 323A of the Constitution of India empowers Parliament to, by law, establish Administrative Tribunals for the adjudication of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union, of any State, or of any local or other authority within the territory of India, or under the control of the Government of India, or of any corporation owned or controlled by the Government. The said Article is reproduced hereinbelow:

"323A. Administrative tribunals.

(1) Parliament may, by law, provide for t