SEPOY BALKARAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the parties. Learned Single Judge vide its order dt. 17.05.2007, while disagreeing with the view taken by Single Bench of this Court in Pratap Singh Rathore vs. Union of India & Ors.,, 2005 WLC (Raj.) UC 740, framed a question to be answered by Larger Bench and directed the registry to place the matter before Hon'ble The Chief Justice for constitution of Larger Bench. Hon'ble The Chief Justice constituted this Bench for answer to the question, which is reproduced as under: - -

(2.) LEARNED counsel for petitioner, without arguing the question of reference, submitted that order of reference was passed way back on 17.05.2007, whereas the Armed Forces Tribunal Act, 2007 (hereinafter referred to as 'the Act of 2007' for convenience) came into force with effect from 30.06.2008 i.e. after passing of order of reference by learned Single Judge. He submitted that by virtue of Section 34 of the Act of 2007, the Armed forces Tribunal has got jurisdiction in respect of points involved and the prayer made in the writ petition. He, therefore, submitted that this Court has now got no jurisdiction to decide the writ petition on merits. He submitted that since the Armed Forces Tribunal has come into existence and the case stands automatically transferred by virtue of force of law in view of Section 34, this writ petition may be transferred to Armed Forces Tribunal.

(3.) WE have considered the submissions of learned counsel for the parties and we find that order of reference by learned Single Judge was made way back on 17.05.2007, the Armed Forces Tribunal came into existence on 30.06.2008. There is no dispute between the parties that Armed Forces Tribunal has jurisdiction to decide all the questions involved and prayer made in the present writ petition.