1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 23.12.2011 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.15009 of 2011 Colonel K.Murugiah (IC 32701K-Retired Colonel, Indian Army CDA(O) A/C NO.XXV/249/140512 K P.P.O.No.M/003507/95) No.1050, Arunachala Nagar, K.T.C.Nagar, Tirunelveli.627 011. ..Petitioner Vs 1. The Government of India, represented by its Defence Secretary, Ministry of Defence, 101, South Block, New Delhi - 110 011. 2. The Director(Pension/Policy), Department of Ex-Servicemen Welfare), Ministry of Defence, Government of India, New Delhi - 110 011. 3. The Principal Control of Defence, Accounts(Officers)-PCDA(O), Goliber Maidan, Pune - 411 001. Maharastra State. 4. The Principal Controller of Defence, Accounts(Pension) - PCDA(p), Dharupathi Nagar, Allahabad - 211 014. 5. The Manager, Canara Bank, Tirunelveli Junction Branch, Tirunelveli. ..Respondents. Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to count the period from 22.08.1969 to 30.6.1995 (i.e., 25 years, 10 months and 10 days rounded as 26 years) as qualifying service of the petitioner for sanction of pension and consequently to refix the pension of the petitioner at Rs.26,050/- applicable to the rank of colonel with effect from 1.1.2006 as per annexure -II of the order No.17 (4)/2008(1)/D(Pen/Policy) dated 20.01.2009 issued by the Department of Ex-Servicemen Welfare, Ministry of Defence, Government of India, New Delhi and disburse the arrears of the pension and other attendant benefits to the petitioner within a time frame to be fixed by this Court. https://hcservices.ecourts.gov.in/hcservices/ 2 For Petitioner :M/s.A.Thirumurthy For Respondents :Mr.A.B.Nagarajan 1 to 4 for Central Government Standing Counsel. ORDER The petitioner has come to this Court seeking issuance of a Writ of Mandamus to direct the respondents to count the period from 22.08.1969 to 30.6.1995 (i.e., 25 years, 10 months and 10 days rounded as 26 years) as qualifying service of the petitioner for sanction of pension and consequently to refix the pension of the petitioner at Rs.26,050/- applicable to the rank of colonel with effect from 1.1.2006 as per annexure -II of the order No.17(4)/2008(1)/D(Pen/Policy) dated 20.01.2009 issued by the Department of Ex-Servicemen Welfare, Ministry of Defence, Government of India, New Delhi and disburse the arrears of the pension and other attendant benefits to the petitioner within a time frame to be fixed by this Court. 2. The said prayer cannot be entertained by this Court in view Section 14(2) of the Armed Forces Tribunal Act, for the reason that the jurisdiction to try this matter is vested with the Tribunal. Therefore the prayer sought for cannot be granted and the Writ Petition fails. 3. Accordingly, the Writ petition is dismissed. However, it is left open to the petitioner, to approach the appropriate Tribunal for appropriate relief. No costs. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To 1. The Defence Secretary, The Government of India, Ministry of Defence, 101, South Block, New Delhi - 110 011. 2. The Director(Pension/Policy), Department of Ex-Servicemen Welfare), Ministry of Defence, Government of India, New Delhi - 110 011. 3. The Principal Control of Defence, Accounts(Officers)-PCDA(O), Goliber Maidan, Pune - 411 001. Maharastra State. https://hcservices.ecourts.gov.in/hcservices/ 3 4. The Principal Controller of Defence, Accounts(Pension) - PCDA(p), Dharupathi Nagar, Allahabad - 211 014. 5. The Manager, Canara Bank, Tirunelveli Junction Branch, Tirunelveli. W.P(MD)No.15009 of 2011 23.12.2011 vsn RJ/3.1.12 3p/6c https://hcservices.ecourts.gov.in/hcservices/