Court No. - 26 Case :- WRIT - A No. - 14283 of 2003 Petitioner :- Sat Narain Singh Respondent :- The Chief C.D.A. (Pension) Allahabad And Others Petitioner Counsel :- Smt. Kamala Yadav,S.N.S. Yadav Respondent Counsel :- Ssc,R P Singh Hon'ble Devendra Kumar Arora,J.
Matter has been taken in revised cause list.
By means of the present writ petition, the main relief as claimed by the petitioner is quoted
below:-
“To issue a direction in the nature of certiorari for quashing the impugned order dated 01.01.2003
passed by the D.G.S.T., Army Head Quarter, D.H. Q. P.O., New Delhi, the respondent No.3 and
in the nature of mandamus directing the respondent No.2 to grant honorary commission to the
petitioner considering the certificate of meritorious service during the operation Vijai at kargil
Sector and his excellent work and conduct during the service period.”
On 20th December 2007, the Parliament has enacted an Act known as “The Armed Forces
Tribunal Act, 2007 (hereinafter referred to as ‘Act’) to provide for the adjudication of trial by
Armed Forces Tribunal of Disputes and Complaints with respect to commission, appointments,
enrolment and conditions of service in respect of persons subject to the Army Act, 1950, the
Navy Act, 1957 and the Air Force Act, 1950 and also to provide for appeals arising out of orders,
findings or sentences of courts-martial held under the said Acts and for matters connected
therewith or incidental thereto.
Further Section 34 of the Act provides (relevant portion) as under:-
“34. Transfer of pending cases,-(1) Every suit, or other proceeding pending before any court
including a High Court or other authority immediately before the date of establishment of the
Tribunal under the cause of action whereon it is based, is such that it would have been within the
jurisdiction of the Tribunal, if it had arisen after such establishment within the jurisdiction of
such Tribunal, stand transferred on that date to such Tribunal.
(2) Where any suit, or other proceeding stands transferred from any court including a High Court
or other authority to the Tribunal under Sub-section (1), (a) the court or other authority shall, as
soon as may be, after such transfer, forward the records of such suit, or other proceeding to the
Tribunal.”
For the foregoing reasons, the matter in question is not to be adjudicated and decided on merit by
this Court rather it should be decided by the Armed Forces Tribunal, Lucknow in view of the
provisions as contained in Section 34 of the Act.
Accordingly, the Registry is directed to send the paper book of the case to the Tribunal forthwith.
Order Date :- 6.8.2010
Sunil Kr Tiwari