DEBASISH KAR GUPTA,J. - (1.) This writ application is filed by the petitioners for releasing any pensionary benefits of one Suresh Rai, since deceased, in their favour. The aforesaid late Suresh Rai was a Rifle Man under the Eastern Frontier Rifles.
(2.) At the very outset a question is cropped up with regard to the maintainability of this writ application in accordance with the provisions of sub-section (a) of Section 2 of the Administrative Tribunals Act, 1985. The provisions of the above Act do not apply to the following persons:- "(a) any member of the naval, military or air forces or of any other armed forces of the Union; ****** (c) any officer or servant of the Supreme Court or of any High Court [or courts subordinate thereto]; (d) any person appointed to the secretarial staff of either House of Parliament or to the secretarial staff of any State Legislature or a House thereof or, in the case of a Union Territory having a Legislature, of that Legislature"
(3.) After considering the aforesaid provisions I find that the provisions of the Act above apply to any member of any force of the Union. But Eastern Frontier Rifles is not under the control of the Union. It is under the control of the State of West Bengal. In view of the above, the above provisions are not applicable in the instant case. The West Bengal Administrative is the appropriate forum to take up the issue involved in this case as a Court of first instance.;