Early Times Report
Srinagar, Aug 28: Justice Ali Mohammad Magrey while going through the feeling of the retired Armed Force personnel, who can not afford expenses to visit Armed Forces Tribunal (AFT) at Jammu, observed that court is only interested in dispensing the justice to the ex-servicemen. Needless to mention that while considering the matter, the court came across similar other writ petitions seeking decision on their cases by making available the AFT bench at Srinagar. Ordinarily there should be no difficulty for the respondents to ensure sitting of the AFT bench at Srinagar, but even if there is any, the least the respondents can do is to ensure sitting of the bench once a month or so subject to the convenience of the bench. The respondents can even put a request to the Chief Justice for making available space in the High Court premises for such sitting. While considering the matter, the respondent, Ministry of Defence, shall take into consideration the willingness of the chairperson, AFT, to hold sitting at Srinagar.
Justice Ali Mohammad Magrey observed that this writ petition along with three other writ petitions are listed today in terms of order passed on 22nd August, 2018, in a writ petition, SWP no. 1140/2016, therefore, the writ petition is taken up for consideration.
Petitioner is stated to have been working as Naib Subedar, Clerk, in the Indian Armed Force at Srinagar. In his capacity as such he is stated to had filed a Civil Original Suit pending before the Court of Judge Small Causes Srinagar filed with the following relief that the defendants be summoned and a decree of declaration be passed against the defendants, declaring the date of presumed superannuation i.e. 31.1.1989, of the plaintiff from the defendants organization as null and void and further declaring the actual date of superannuation of the plaintiff as 31.1.1996. The plaintiff be declared to have retired as Subedar Clerk (General Duties) and further declaring the actual date of superannuation of the plaintiff as 31.1.1996.
A decree of mandatory injunction commanding the defendants to pay to the plaintiff all the arrears of salary and other dues." The suit stands transferred to the Armed Forces Tribunal Chandigarh bench which is subsequently further stated to have been transferred to the AFT bench at Srinagar.
Since the location of the bench, as stated, stand shifted to Jammu, therefore, the petitioner has filed the instant petition projecting the grievance that due to non-availability of the bench at Srinagar, he is facing lot of inconvenience as his financial status is not such that he could afford to engage a counsel at Jammu. He has further stated that being a retired employee of the Armed Force it is difficult for him to meet the day to day expenses and support a huge family.
This court while registering the submissions of the petitioner for the relief claimed had, in terms of order dated 01.08.2018, requested T M Shamsi, learned ASGI, to seek instructions as to whether there is a possibility of making available the bench at Srinagar, for hearing the case of the petitioner along with some other persons whose cases are pending in Srinagar.
Subsequent thereto in terms of order dated 12.09.2018, the court had asked the Secretary to the Government of India, Ministry of Defence to explore the possibility of making available the bench at Srinagar even for a day only to mitigate the miseries of the petitioner.
--JNF |
