ILAM CHAND TYAGI Vs. MINISTRY OF DEFENCE

JUDGEMENT

(1.) The petitioner was enrolled in the Indian Navy on 29.12.1948 and was boarded out on medical grounds on 31.12.1981. This writ petition has been filed by the petitioner for grant of disability pension.

(2.) All the same, after the promulgation of the Armed Forces Tribunal Act, 2007, in terms of Section 34 of the Armed Forces Tribunal Act, 2007 all such proceedings, inter alia, pending before a High Court, which would have fallen within the jurisdiction of a Tribunal, had such proceeding arisen after the establishment of the Armed Forces Tribunal, are mandatory to stand transferred to the Armed Forces Tribunal on the date on which the Tribunal was constituted. Section 34 of the Armed Forces Tribunal Act, 2007 is being reproduced hereunder:

(3.) This Court, therefore, is satisfied that in terms of Section 34 of the Armed Forces Tribunal Act, 2007, the instant writ petition would stand automatically transferred to the Armed Forces Tribunal on the constitution thereof.