UNION OF INDIA Vs. MOHAMMED ANSARI

JUDGEMENT

(1.) WHETHER members of General Reserve Engineer Force, commonly known as GREF and which is involved in construction, making and maintenance of roads, in the boarder areas, can be regarded as members of Armed Forces? Can the members of GREF be regarded as persons subject to the Army Act, 1950? Whether a member of the GREF can seek a relief, which a person is, otherwise, entitled to receive from the Central Administrative Tribunal constituted under the Administrative Tribunals Act, 1985? Do the members of GREF fall, for all intents and purposes, within the ambit of Armed Forces Tribunal Act, 2007? Can a person, as a member of GREF, invoke extra-ordinary jurisdiction of the High Court under Article 226 and/or Article 227 of the Constitution of India on a subject, which is, otherwise, covered by Armed Forces Tribunal Act, 2007? These are some of the prominent questions, which the present writ petition has raised.

(2.) THE material facts, leading to the present writ petition, made under Article 226 of the Constitution of India, may be set out as under:

(3.) NOTWITHSTANDING the preliminary objection, so raised, the learned Tribunal passed an order, on 18.06.2012, holding that it had the jurisdiction to entertain an OA filed by the members of the GREF.