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Recently, the Madras High Court ruled that only parents or senior citizens are eligible to file appeals against orders which are passed by the Senior Citizen Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act of 2007. The bench comprising Justices Sanjib Banerjee and SenthilKumar Ramamoorthy observed that as per the provisions contained in the Maintenance and Welfare of Parents and Senior Citizen Act, 2007, particularly section 16 of the act. No person other than parents or senior citizens can file an appeal against an order passed by the tribunal. The court also expressed its disagreement with the view that the Punjab and Haryana high court has taken in the case of Paramjit Kumar Saroya v. The Union of India, where the court held that any person aggrieved can appeal an order passed by the tribunal
The court opined that In view of the language of Section 16 of the 2007 Act, which deals with appeals against orders passed by Senior Citizen Maintenance Tribunals, a perfectly straightforward clause lucidly enunciated is pursued to be interpreted to reflect something that it simply does not permit.
Section 16 states, inter alia, that the appeal to the Appellate Tribunal can be favored by any senior citizen or parent who is aggrieved by the order of the Tribunal within sixty days of the date of the judgment. The court also observed based on the words of section 16 of the act that. Those clear terms of the law should not be read or grasped or interpreted through any imagination to mean that any class of individuals other than any senior citizen or parent may be entitled to prefer an appeal pursuant to that clause. It is important that an appeal is a creature of a statute and that no right to appeal is intrinsic in any person unless that right is specifically conferred by any statute. The Bench added that it doesn’t make the provision prone to challenges under Article 14 of the Constitution solely because a provision confers the right of appeal on one class of people, while not conferring such a right on another class.
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