WHICH COURT IS PREFERED TO FILE A CASE

764 votes

Distant relatives: strong chance of discharge if allegations are vague. Parents: case-specific; discharge possible if no specific role is shown. Framing of charge: limited time; prepare strong written submissions highlighting contradictions, absence of role, and misuse of process

Advocate Servesh Mishra LawRato

980 votes

Depends what remedy or prayers you are willing to make, explain the exact issue, whether is related to pension payment or antth elsewhere. Share your complete query, you can contact me on whatsapp. Priya Singh Adv

Advocate Priya Singh LawRato

655 votes

This is a jurisdiction-sensitive matter, and choosing the wrong forum will get the case dismissed outright, no matter how strong your merits are. So this decision is critical. In simple terms: Your maternal grandfather was a civilian watchman in the Indian Air Force He was not a combatant / defence personnel His pension was drawn from CDA (Civilian) Your mother is claiming a service / pensionary / family benefit–related right Correct legal position (very important): AFT (Armed Forces Tribunal) ❌ NOT applicable AFT has jurisdiction only over: Commissioned officers JCOs / ORs (uniformed defence personnel) Civilian employees of Air Force are outside AFT jurisdiction. CAT (Central Administrative Tribunal) ✅ PRIMARY and CORRECT forum Since he was a civilian employee under Central Government, any dispute relating to: Pension Family pension Service benefits Departmental denial must first go before CAT. High Court ⚠️ Only after CAT, not directly High Court comes into play: Against CAT’s final order (via writ) Or in rare cases of jurisdictional violation If you directly approach the High Court now, the department will raise a preliminary objection, and you may lose years. One more sensitive point: Your mother being a divorced daughter makes the case legally complex but not hopeless. Recent judgments have expanded rights—but they depend on: Date of divorce Dependency proof Pension rules applicable at the time Departmental circulars This is not a routine filing. A small drafting or forum mistake can permanently shut the door. I strongly advise strategic filing before CAT with correct pleadings, keeping the High Court route protected for later. If you want this handled properly from the first step, it requires a focused legal consultation, because once you file wrong—you cannot undo it easily. This is a case where one correct move matters more than ten attempts.

Advocate Vaibhav Sangam Mishra LawRato