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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
DEVASHIS BARUAH
Ajmeri Begum W/o Late Atiquz Zaman – Appellant
Versus
Union of India Rep. by the Secretary, Department of Posts, New Delhi – Respondent
| Table of Content |
|---|
| 1. counsel representation in court hearings. (Para 1) |
| 2. challenge to pension distribution order. (Para 2) |
| 3. jurisdiction of the central administrative tribunal. (Para 3 , 4) |
| 4. supreme court ruling on tribunal jurisdiction. (Para 5 , 8) |
| 5. classification of cases under administrative tribunal rules. (Para 6 , 7) |
| 6. writ petition dismissal and rights to future claim. (Para 9 , 10 , 11 , 12) |
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. R. Sarmah, the learned counsel appearing on behalf of the petitioner. Ms. A. Gayan, the learned counsel appears on behalf of the respondent Nos.1 to 5 and Mr. S. Chauhan, the learned counsel appears on behalf of the respondent No.6.
2. The petitioner herein has assailed the order dated 03.09.2024 passed by the respondent No.4 whereby the family pension and retirement benefits of Late Atiquz Zaman was apportioned thereby entitling the petitioner to 1/3rd of the pensionary retirement benefits and 2/3rd to the respondent No.6.
3. This Court duly takes note of that the jurisdiction in respect to the dispute raised in the present proceedings falls within the ambit of the Central Administrative Tribunal, Guwahati Bench. It is of vital importance also
Litigants must first approach the appropriate Tribunal for disputes concerning pension and retirement benefits, as direct petitions to the High Court are not permissible without exhausting Tribunal r....
The High Court cannot entertain challenges to decisions of the Central Administrative Tribunal; such matters must first be addressed within the Tribunal's jurisdiction per established rules.
The court emphasized the importance of allowing the petitioner to counter the material before the Tribunal and directed the Tribunal to decide the matter expeditiously.
The Central Administrative Tribunal must act independently as the court of first instance and cannot rely on previously quashed High Court orders in its adjudication.
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