The main legal point established is that disputes related to pension and retirement benefits of ex-employees of the armed forces fall under the jurisdiction of the Armed Forces Tribunal Act, 2007.

SANJIV KHANNA, J.

1. Having heard counsel for the parties, we are inclined to accept the preliminary objections raised by the respondents.

2. The petitioners are ex-employees of the Indian Air Force who are now working in public sector or state government enterprises. They had resigned from the Indian Air Force before joining the public sector or state government enterprises. They seek pro rata pension for the years of service rendered by them in the Indian Air Force.

3. The prayer made in the present writ petitions is for setting aside and quashing letters written by the Air-Officer Commanding, Air Force Records Office (AFRO) denying them benefit of pro rata pension.

4. The preliminary objection raised by the respondents is that the dispute and issues raised by the petitioners is a ‘service matter' as defined in Section 3 (o) of the Armed Forces Tribunal Act, 2007 (Act). The petitioners have an alternative remedy as per the Act and should move the Armed Forces Tribunal (Tribunal) for relief.

5. The Act, i.e. Armed Force Tribunal Act, notified with effect from 15.06.2008, is an Act which provides for adjudication of disputes and complaints in respect to commission, appointment, enrolment and conditions of service in respect of persons subject to Army Act, 1950, the Navy Act, 1957 and the Air Force Act, 1950.

6. Section 2 of the Act reads as under:-

“Applicability of the Act – the provisions of this Act shall apply to all persons subject to the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957) and the Air Force Act, 1950 (45 of 1950).

(2) This Act shall also apply to retired personnel subject to the Army Act, 1950 (46 of 1950) or the Navy Act, 1957 (62 of 1957) or the Air Force Act, 1950 (45 of 1950), including their dependants, heirs and successors, in so far as it relates to their service matters.”

The aforesaid section states that the provisions of the Act shall apply to all persons governed by the aforesaid three Acts. Sub-Section 2 clarifies and explicates that the Act would also apply to the retired persons, subject to the Army Act, Navy Act or Air Force Act. This would include dependants, heirs and successors in so far as it relates to their service matters.

7. The expression ‘service matter’ is defined in clause (o) to section 3 of the Act, reads:-

“(o) “service matters’, in relation to the persons subject to the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957) and the Air Force Act, 1950 (45 of 1950), mean all matters relating to the conditions of their service and shall include :

(i) remuneration (including allowance), pension and other retiremental benefits;

(ii) Tenure, including commission, appointment, enrolment, probation, confirmation, seniority, training, promotion, reversion, premature retirement, superannuation, termination of service and penal deductions;

(iii) Summary disposal and trials where the punishment of dismissal is awarded;

(iv) Any other matter, whatsoever

But shall not include matters relating to –

(i) Orders issued under section 18 of the Army Act, 1950 (46 of 1950), sub-section (1) of section 15 of the Navy Act, 1957 (62 of 1957) and section 18 of the Air Force Act, 1950 (45 of 1950) ; and

(ii) Transfer and postings including the change of place or until on posting whether individually or as a part of unit, formation or ship in relation to the persons subject to the Army Act, 1950 (46 of 1950), the Navy Act, 1957 and the Air Force Act, 1950 (45 of 1950).

(iii) Leave of any kind;

(iv) Summary Court Martial except where the punishment is of dismissal or imprisonment for more than three months.”

8. As per Section 3(o), service matters include all matters relating to conditions of services, including pension and other retiral benefits. Clause (ii) stipulates that tenure, commission, appointment, pre-mature retirement, superannuation, termination of service etc. are also covered under the expression ‘service matters’. It is not the case of the parties that any of the exceptions carved ou