Disposed

M.R.Sharma v. UOI etc.

Punjab & Haryana HC10 Sept 2010CWP/5013/2003

Case brief

AI extract

What is this about?

In a petition seeking quashing of an order and release of disability pension, the court accepted that the suit falls within the Tribunal's jurisdiction based on Section 34 of the Armed Forces Tribunal Act, 2007 and Rule 6 of its Procedure Rules. The case was transferred to the Tribunal at Chandimandir.

What did the court decide?

Transferred the case to the Armed Forces Tribunal at Chandimandir for hearing.

M.R.Sharma Vs UOI etc. — Pension and Retirement Benefits | Punjab & Haryana HC (2010)

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CM No.12341 of 2010 in/and CWP No.5013 of 2003

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CM No.12341 of 2010 in/and CWP No.5013 of 2003 Date of decision: 10.09.2010

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Ex. Havaldar, M.R. Sharma

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....Petitioner

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Versus

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Union of India and others

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....Respondents

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CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA

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Present: Mr. Gurpreet Singh, Senior Panel Counsel, for the applicant-respondents.

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VINOD K. SHARMA, J (ORAL)

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The Petitioner invoked the writ jurisdiction of this Court under Articles 226/227 of the Constitution of India for issuance of a writ of certiorari for quashing the speaking order dated 28.2.2003 (Annexure P- 3) passed by respondent No.2. Prayer is also made for issuance of direction to the respondents to release disability pension along with arrears of disability pension with interest @ 12% per annum.

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When this case came up for hearing before this court, counsel for the respondents referred to Section 34 of the Armed Forces Tribunal Act, 2007 (for short “the Act”) to plead that the case is required to be transferred to the Armed Forces Tribunal (hereinafter called “Tribunal”). Section 34 of the Act reads as under:-

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“ Transfer of pending cases.- (1) Every suit,or other proceedings pending before any court including a High Court or other authority immediately before the date of establishment of the Tribunal under this Act, being a suit or proceeding the cause of action whereon

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CM No.12341 of 2010 in/and CWP No.5013 of 2003

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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),-

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(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;

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(b) the Tribunal may, on receipt of such records, proceed to deal with such suit, or other proceeding, so far as may be, in the same manner as in the case of an application made under sub-section (2) of section 14 from the stage which was reached before such transfer or from any earlier stage or de novo as the Tribunal may deem fit.”

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Rule 6 of the Armed Forces Tribunal (Procedure) Rules, 2008,

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which regulates the place of filing application before the Tribunal, reads

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as under:-

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“Place of filing application.-(1) An application shall ordinarily be filed by the applicant with the Registrar of the Bench within whose jurisdiction-

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(i) the applicant is posted for the time being, or was last posted or attached; or

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(ii) where the cause of action, wholly or in part, has arisen: Provided that with the leave of the Chairperson the application may be filed with the Registrar of the Principal Bench and subject to the orders under section 14 or section 15 of the Act, such application shall be heard and disposed of by the Bench which has jurisdiction over the matter.

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(2) Notwithstanding anything contained in subrule (1), a person who has ceased to be in service by reason of his retirement, dismissal, discharge, cashiering, release, removal, resignation or termination of service may, at his option, file an application with the Registrar of the Bench within whose jurisdiction such person is ordinarily residing at the time of filing of the application.”

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Thus, as per Rule 6(2) of the Rules referred to above, the

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persons, who have ceased to be in service by reasons of retirement,

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CM No.12341 of 2010 in/and CWP No.5013 of 2003

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dismissal, discharge, cashiering, release, removal, resignation or termination, can file application before Registrar of the Bench of the Tribunal within whose jurisdiction such persons are ordinarily residing. Accordingly, the petitioner would be entitled to invoke the jurisdiction of the Tribunal at Chandimandir as he is resident of place under the jurisdiction of the Tribunal at Chandimandir.

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In view of the above legal provisions, the case is transferred to the Tribunal constituted under the Act. The Registry is directed to transfer the records of the present petition to the Tribunal at Chandimandir.

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Disposed of accordingly.

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The parties through their counsel are directed to appear before the Tribunal on 1.10.2010.

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(Vinod K. Sharma) Judge

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September 10, 2010 R.S.

M.R.Sharma v. UOI etc.

Case brief

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M.R.Sharma v. UOI etc.

Case brief

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