Disputes over Military Farms appointments fall within the Armed Forces Tribunal’s jurisdiction.

The petitioner’s father worked at a Military Farm in West Bengal and died while in service.

The petitioner applied for compassionate appointment; his name was placed at 16th position on the merit list but was not recommended because of vacancy availability.

The writ petition, filed in 2022, was listed for orders on the question of maintainability. The petitioner sought a direction against the Deputy Director General, Military Farms, Ministry of Defence.

Whether the petitioner’s grievance concerning compassionate appointment was maintainable before the High Court or fell within the jurisdiction of the Armed Forces Tribunal under the Armed Forces Tribunal Act, 2007

The Court referred to the preamble of the Armed Forces Tribunal Act, 2007, which provides for adjudication by the Tribunal of disputes and complaints concerning matters including appointments and conditions of service of persons subject to the Army, Navy, and Air Force Acts.

It also relied on Section 3(o), which defines “service matters” to include appointment and other specified conditions of service.

The Court treated the petitioner’s compassionate-appointment grievance as falling within that definition.

The Court noted that the petitioner’s claim arose from his father’s service in a Military Farm and concerned the petitioner’s consideration for appointment on compassionate grounds.

Because the petitioner’s name had been considered by a screening committee but not recommended due to vacancy availability, the Court characterised the dispute as relating to appointment and therefore as a service matter within Section 3(o) of the Act.

On that basis, it concluded that the petitioner could pursue the grievance before the Armed Forces Tribunal.