SANJEEV SHARMA Vs. UOI

JUDGEMENT

(1.) THE petitioner in the instant case was inducted on 9th September, 1997 into the Indian Navy as Sub Lieutenant, Short Service Commissioned Officer in the Hydrographic Cadre. The commission of the petitioner expired on 14th November, 2011. Placing reliance on the initial advertisement pursuant whereto he had applied, the petitioner urges pleas of promissory estoppel/discrimination, arbitrariness and unreasonableness on the part of the respondents. The petitioner claims entitlement to permanent commission which has been denied to him. It appears that the petitioner's request for permanent commission was rejected and communicated by a letter dated 8 th September, 2011 to him which has been placed on record. The instant writ petition has been filed challenging the action of the respondents.

(2.) WHEN the writ petition came to be listed before this court for the first time on 16th December, 2011, an objection was raised by the respondents to the effect that this court does not have the jurisdiction to entertain and adjudicate upon the subject matter in view of Section 3(o)(ii) of the Armed Forces Tribunal Act, 2007. We have heard learned counsel for the parties on this objection today.

(3.) OUR attention has also been drawn to Section 34 of the Act which mandates that all proceedings pending before any court including a High Court immediately before the date of establishment of the Tribunal, if being such as would have been within the jurisdiction of the Tribunal if it had arisen after its establishment, shall stand transferred on that date to such Tribunal.