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 bypass of such an efficacious alternative remedy.

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 respondents to pay interest @ 9%-12% per annum on the delayed payment of pension arrears;

e) Direct the respondents to pay appropriate compensation to the petitioner for prolonged deprivation of pension, financial hardship and mental agony caused due to gross administrative negligence;

f) Award cost of litigation in favour of the petitioner;

g) Pass any other order or direction which this Hon'ble Court may deem just, fit and proper in the facts and circumstances of the case. “

2. At the outset, learned counsel appearing for the respondent-Union of India raised an objection that the subject matter of this writ petition falls within the ambit of service matters as defined under Armed Forces Tribunal Act, 2007 and instead of approaching the aforesaid Tribunal, the petitioner has filed the present writ petition, which is not maintainable in view of availability of efficacious alternative remedy.

3. Learned counsel for the petitioner is not in a position to controvert the objection raised by learned counsel for the respondents, however, he submits that there is no prohibition in entertaining the writ petition also.

4. Heard learned counsel for the parties and perused the record.

5. In view of the fact that Armed Forces Tribunal has been constituted for the very purpose of adjudicating matters relating to service condition of members of armed forces, no extraordinary reason has come on record for filing this petition bypassing the efficacious alternative remedy.

6. In view of above, the writ petition filed by the petitioner, is hereby dismissed on account of having efficacious alternative remedy.

7. However, mere dismissal of this writ petition would not preclude the petitioner from approaching the appropriate Tribunal.