Can a new writ petition be filed after first is rejected

593 votes

you have not stated on which ground your writ petition was dismissed either on maintainability or any other ground, neither you have stated for what relief you are filing the new one. if earlier you have approached the Hon'ble Court for quashing of discharge order and the same was rejected or dismissed then you can claim disability pension by filing second one vis - a versa.

Advocate Vinay Pandey LawRato

667 votes

Yes, you can file second writ. Ideally you should ask for all reliefs in one writ but there is no harm in filing separate writ at this stage. Why do you want to file second writ in Delhi and not Lucknow? If you think thus you will be able to hide the fact that you filed first writ then you are mistaken as you will have to give all details in your second writ and Court will act only on basis on Jurisdiction which may not change from Lucknow to Delhi. You can even go to High Court or District courts if you feel you may not get justice at AFT. Even if you have been denied one type of Pension, you can still get another type of pension and this case in all probability will be stronger than your case against discharge.

Advocate Kundan Singh Pathania LawRato

878 votes

Dear Client,

If your petition is dismissed here at A.F.T. then only remedy available is to file an appeal before Hon'ble Supreme Court of India u/s 30 of Armed force Tribunal Act, 2007 within 90 days of the order of dismissal.
Second writ is not maintainable for the same cause of action before Tribunal. However we can file a petition for a new cause of action. It will be only advised once we can go through your papers.
If you need any further clarification for the same, feel free to contact.

Regards,
Tushar Bahadur,
(Advocate).

Advocate Tushar Bahadur LawRato