Ex Cpl Pratap Jampala vs Union Of India & Ors.

C. Hari Shankar, J.

Mr. Balendu Shekhar, learned CGSC for Union of India, points out that the lis in these writ petitions is amenable to adjudication by AFT.

While learned Counsel for the petitioners do not seriously dispute this contention, it is pointed out that these petitions have been pending since 2021, and relegating the petitioners to the AFT may protract the proceedings. We are, however, bound by the judgment of the Supreme Court in L Chandra Kumar v. Union of India^{11.(1997) 3 SCC 261} and, if the matter is amenable to adjudication by AFT, we are coram non judice, till the AFT takes a view in the matter.

However, we appreciate the concern voiced by the petitioners.

Accordingly, instead of requiring the petitioner to re-approach the AFT, we direct the Registry of this Court to transfer the record of these proceedings to the AFT electronically within two weeks from today.

We also request the AFT to register these writ petitions as appropriate Transferred Applications and proceed on the basis of the record of these writ petitions, treating them as the record of the Tribunal.

As these writ petitions have been pending since 2021 and deal with pensionary benefits, we also request the AFT to grant priority to these matters and decide them as expeditiously as possible.

In order to further expedite matters, we direct learned Counsel for the parties to appear before the learned Tribunal on 22 December 2025.

The entire record of these petitions shall be treated as the record of the AFT and the AFT would proceed further on that basis.