Allahabad High Court
MOHAMMAD NAEEMversusUNION OF INDIA AND 3 OTHERS
- Decided
- Bench
- DINESH PATHAK
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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