Armed Forces personnel can move HC against AFT's orders on salary, pension: HC

The Delhi High Court has ruled that members of the armed forces, including the Air Force, the Navy and the Army, can approach the High Courts to challenge the final decisions of the Armed Forces Tribunals (AFT) with regard to issues of pay, pension, promotion and discipline.

A bench of Justices Manmohan and Navin Chawla said, “The remedy of appeal to the apex court in a large number of cases may also prove to be ineffective for the members of the armed forces posted all over India as they may find it expensive and difficult to approach the apex court.”

The judgement comes as a relief to a large section of the armed forces personnel whose only remedy until now was to petition the Supreme Court against the final order passed by an AFT.

The High Court did not agree to a contention by the Union government that members of the armed forces need not approach the High Courts against decisions of the AFTs as they have an alternative effective remedy of filing an appeal before the Supreme Court under the Armed Forces Tribunal Act.

The Centre claimed that the Statement of Objects and Reasons of the Armed Forces Tribunal Act, 2007 clearly stipulated that the reason for the establishment of the tribunal was a large number of cases pending before the High Courts.

It said if members of the armed forces are allowed to approach the High Court, it would lead to the same situation of high pendency once again.

The High Court, however, said: “The jurisdiction of High Court under Articles 226 and 227 of the Constitution cannot be bypassed merely by making a provision for direct appeal to the Supreme Court against an order of a tribunal.”

Check out the latest videos from DH: