M.K. Rama Rao, v. The Govt. of India
Case brief
What is this about?
The Single Judge held that the dispute is a 'service dispute' under the Armed Forces Tribunal Act, 2007, ousting the Court's jurisdiction. The Writ Petition was directed to be transferred to the ATF Chennai Bench.
What did the court decide?
Directed the Registry to transmit the entire case record to the Armed Forces Tribunal, Southern Regional Bench at Chennai.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE G.CHANDRAIAH
WRIT PETITION No. 24064 of 2005
ORDER:
The subject matter of this lis squarely falls within the definition of “service dispute”, as defined in Section 3(o) of the Armed Forces Tribunal Act, 2007 (Act No. 55 of 2007). Consequently, in terms of Section 14, the jurisdiction to adjudicate this lis is now vested in the Armed Forces Tribunal. In terms of Section 34, the jurisdiction of this Court stands ousted from the date the Tribunal has been constituted, by a notification issued by the Central Government.
The learned Standing Counsel for the respondents submits that the Central Government, through its notification dated 7th August 2009, has constituted the Armed Forces Tribunal, Southern Regional Bench at Chennai, with effect from 10th August 2009 and hence, this Writ Petition shall stand transferred to the said Bench at Chennai.
In view of the submission, the Registry is directed to transmit the entire case record to the officer concerned of the Armed Forces Tribunal, Southern Regional Bench at Chennai immediately.
G.CHANDRAIAH,J 26.3.2010.
krb.
THE HON’BLE SRI JUSTICE G.CHANDRAIAH
Issues for consideration
2 issues framed by the court
Whether the subject matter falls within the definition of a service dispute under the Armed Forces Tribunal Act, 2007 ousting the High Court's jurisdiction.
Whether the Writ Petition should be transferred to the Armed Forces Tribunal, Southern Regional Bench at Chennai.
Coram
G. CHANDRAIAH
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · March
- Registered
- Case no.
- WP/24064/2005
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