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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANAND SHARMA
Badami Devi W/o Late Udai Singh – Appellant
Versus
Union of India, through Secretary, Ministry of Defence, New Delhi – Respondent
| Table of Content |
|---|
| 1. petitioner seeks judicial intervention for pension records rectification and arrears. (Para 1) |
| 2. contention regarding jurisdiction and availability of alternative remedy. (Para 2 , 3) |
| 3. dismissal of petition due to existence of efficacious alternative remedy. (Para 4 , 5 , 6 , 7) |
ORDER :
1. This petition has been filed by the petitioner with following prayer:
“It is therefore, most humbly and respectfully prayed that this writ petition of the petitioners may kindly be allowed and by an appropriate writ, order or direction:-
A) Issue an appropriate writ, order or direction in the nature of Mandamus directing the respondents to:
i. correct and rectify the Pension Payment Order (PPO) records;
ii. De-link the wrongly mapped beneficiary;
iii. Properly map and restore the PPO in favour of the petitioner Smt. Badami Devi;
b) Direct the respondents to forthwith release and start regular payment of family pension to the petitioner in her rightful bank account maintained with Punjab National Bank.
c) Direct the respondents to release entire arrears of family pension from the date it became due, i.e., from the date of wrongful stoppage/diversion till actual payment;
d) Direct the res
A writ petition is not maintainable when a specialized tribunal is available to adjudicate service-related disputes, unless the petitioner demonstrates extraordinary circumstances justifying the bypa....
The court emphasized the principle of maintaining the jurisdictional integrity and appropriate forum for addressing the grievance.
Premature filing of appeal under the Armed Forces Tribunal Act.
The court emphasized the importance of adhering to principles of natural justice in administrative decisions regarding pension payments.
A court may refrain from directing a tribunal to expedite proceedings unless procedural violations are evident, especially when the case is pending.
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