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Judgment
Thottathil B. Radhakrishnan, J.—These original petitions are filed invoking Article 227 of the Constitution of India challenging common order of the Armed Forces Tribunal, Regional Bench, Kochi.
We have heard the learned counsel appearing for the petitioners in these matters.
We see that the impugned common order of the Tribunal has been issued, also granting leave to appeal to the Honourable Supreme Court of India noticing two important points of law of general public importance. They are enumerated in paragraph No.13 of the impugned order. Leave having been so granted, we are of the view that it would be improper for us to entertain these matters under Article 227 of the Constitution of India. We say so because, the learned counsel for the petitioners says that even though leave for certificate to appeal was not applied for, that was essentially granted suo motu; and even if it were so, we see that a large bunch of matters has been decided and the issues, even according to the Tribunal, generate two important points of law of general public importance. The statutory remedy u/s 30(1) of the Armed Forces Tribunal Act, 2007, having thus been opened up, it would be inappropriate for us to exercise the visitorial jurisdiction under Article 227 of the Constitution of India. We may, however, record the submission made by the learned counsel for the petitioners that the alternate prayer for sanction of special pension with effect from the date of discharge has not been considered by the Tribunal. We leave that issue open. We may also record the submission that the petitioners belong to economically marginalised sector and they need aid to support the litigation before the Honourable Supreme Court of India.
For the aforesaid reasons, we refrain from entertaining these matters.
In the result, these original petitions are dismissed, without prejudice to the contentions.