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Allahabad High Court

MOHAMMAD NAEEMversusUNION OF INDIA AND 3 OTHERS

Decided

Holding

A writ petition is not maintainable if an alternative remedy under the Central Administrative Tribunal is available to the aggrieved party.

Summary

The petitioner, Mohammad Naeem, challenged the rejection of his claim for a family pension by filing a writ petition. The Union of India contended that the petitioner had an alternative remedy under the Central Administrative Tribunal (CAT) and therefore the writ petition was not maintainable. The petitioner’s counsel did not rebut this contention. The court held that the existence of an alternative statutory remedy barred the writ petition. Consequently, the petition was dismissed for lack of maintainability.

Issues considered

  • The writ petition is maintainable when an alternative remedy under the Central Administrative Tribunal is available

Legislation cited

Subjects

  • family pension
  • writ petition
  • alternative remedy
  • maintainability
  • Central Administrative Tribunal
  • administrative law

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                               WRIT - A No. - 6783 of 2026

                                    Mohammad Naeem
                                                                                                  .....Petitioner(s)
                                                                         Versus

                                    Union Of India And 3 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)                 :   Nirbhay Kumar Bharti
                                    Counsel for Respondent(s)                 :   A.S.G.I., Shiv Kumar Pal

                                    Court No. - 33
                                                          HON'BLE DINESH PATHAK, J.

                                    1. The petitioner is aggrieved by the order dated 23.5.2025, whereby his
                                    claim for family pension has been rejected.

                                    2. Sri Shiv Kumar Pal, learned Deputy Solicitor General appearing for
                                    respondent no. 1/Union of India, submits that the father of the petitioner was
                                    a Central Government employee. He has raised a preliminary objection with
                                    regard to the maintainability of the the present writ petition on the ground
                                    that the petitioner has an alternative remedy of approaching the Central
                                    Administrative Tribunal.

                                    3. Learned counsel for the petitioner has not rebutted the contention as raised
                                    by the learned Deputy Solicitor General qua the availability of the
                                    alternative remedy.

                                    4. As such, instant writ petition is dismissed on the ground of availability of
                                    an alternative remedy to approach before the Central Administrative
                                    Tribunal .



                                                                                              (Dinesh Pathak,J.)
                                    May 6, 2026
                                    Sushma




Digitally signed by :-
SUSHAMA YADAV
High Court of Judicature at Allahabad


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