Hon'ble Pankaj Mithal, J.
Case called out in the revised list.
None is present for the petitioner.
Sri Dev Shankar Shukla, learned counsel for the respondents is present.
The present Writ Petition has been filed by the petitioner, inter-alia, praying for payment of suitable compensation as well as for Special Family Pension and Children Allowance according to the relevant Rules with effect from the date of desertion order dated 16-12-1988, and further for quashing the dismissal order dated 28-04-1992 in respect of the husband of the petitioner, namely, Nand Kishore Singh, who was serving in Armoured Corps and was posted in 43 Arm Regiment C/o 56 APO.
Thus, the subject matter of the Writ Petition pertains to service matter in respect of the husband of the petitioner who was a member of the Armed Forces covered by the Army Act, 1950.
In Dev Saran Mishra Vs. Union of India and others, 2010 (3) A.D.J. 593 (paragraphs 23, 24, 25, 26 and 27), a learned Single Judge of this Court has considered in detail the provisions of the Armed Forces Tribunal Act, 2007 in the light of various judicial decisions, and has held that in case the cause of action involved in a Writ Petition is such as falls within the jurisdiction of the Tribunal after enforcement of the Armed Forces Tribunal Act, 2007, such cause of action has to be adjudicated upon in the first instance by the Tribunal. It is only after the decision of the Tribunal, that the matter would come to the High Court under Article 226/227 of the Constitution of India.
In view of this, it has been laid down that the Writ Petitions pending before this Court, wherein, the cause of action is such as would fall within the jurisdiction of the Tribunal after enforcement of the Armed Forces Tribunal Act, 2007, would stand transferred to the Tribunal for adjudication in view of Section 34 of the said Act.
The above decision of the learned Single Judge has been followed by the Division Benches of this Court in the following decisions :
(A) Order dated 22-03-2010 passed in Civil Misc. Writ No. 15363 of 2007 [(Late) Brig. (Retd.) Gaj Raj Singh Siwach & others Vs. Union of India & others], since reported in 2010 (4) ADJ 251 (DB).
(B) Order dated 28-10-2010 passed in Special Appeal Defective No. 218 of 2006 [Anil Kumar Singh Vs. Union of India & another].
The cause of action in the present case, as noted above, is evidently such as falls within the jurisdiction of the Tribunal after enforcement of the Armed Forces Tribunal Act, 2007.
Hence, in view of the above decisions, it is apparent that the present Writ Petition is to be transferred to the Tribunal under Section 34 of the Armed Forces Tribunal Act, 2007.
We direct accordingly.
The Registry is directed to take appropriate steps in this regard.
Dt.06-12-2010 Ak