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Judgment
Sunil Ambwani and Amreshwar Pratap Sahi, JJ.—We have heard Col. (Retd,) R. A. Pandey, learned Counsel for the petitioners.
The petitioners are retired Army Officer. By this writ petition, they have prayed for directions to command the respondents to re-fix their pay/notional pay w.e.f. 1.1.1986 and 1.1.1996 for the respective ranks held by them by adding their rank pay to the basic pay etc. They have also prayed for direction commanding the respondents to re-fix their pension and gratuity from their respective dates of their retirements on the basis of their Last Pay Certificate and to pay arrears with interest.
The writ petition was filed and entertained on 22.3.2007. The reliefs claimed by the petitioners are within the Jurisdiction of Armed Forces Tribunal constituted under the Armed Forces Tribunal in 2007. The prayers are covered by the definition of service matter u/s 3(O) of the Act. The Armed Forces Tribunal has been established by Notification dated 5.11.2009 w.e.f. 9.11.2009.
u/s 34 of the Act, the pending matters at the High Court have to be transferred to the Tribunal.
Col. (Retd.) R. A. Pandey has raised an issue with regard to transfer of the matter to the Armed Forces Tribunal. He submits that the matter in issue has been decided by the Supreme Court and that in any case, Section 34 of the Act specifically mentions the type of cases to be transferred. There is no mention of the writ petitions under Articles 226 and 227 of the Constitution of India in Section 34. He has tried to distinguish the judgment of Hon. Mr. Justice V.K. Shukla in Writ Petition No. 6237 of 1990, Ex. No. 13888588, Sep/Dvr Devi Saran Mishra v. Union of India and Ors. decided on 25.2.2010 by which he has held that all the pending writ petitions relating to service matter falling within the jurisdiction of the Armed Forces Tribunal, shall have to be transferred to the Armed Forces Tribunal constituted and notified at Lucknow.
We agree with the reasoning given by Hon. Mr. Justice V.K. Shukla in Writ Petition No. 6237 of 1990, Ex. No. 13888588, Sep/Dvr Devi Saran Mishra v. Union of India and Ors. All those matters, which are defined as service matter and fall within the purview of the Armed Forces Tribunal constituted under the Act even if they are pending, by way of challenge under Article 226 of the Constitution are included in the expression "or other proceedings" have to be transferred to the Armed Forces Tribunal. The Statement of Objects and Reasons of the Act and the judgment of Supreme Court in Lt.-Col. Prithi Pal Singh Bedi and Others Vs. Union of India (UOI) and Others, supports the interpretation.
We do not find substance in the contention of the learned Counsel for the petitioner that since the matter has been decided by the Supreme Court, the reliefs claimed in the writ petition should preferably be decided by this Court under Article 226 of the Constitution of India.
We have passed similar orders on 16.2.2010 in Writ Petition No. 2297 of 1998 transferring the pending writ petitions in respect of prayers falling within the jurisdiction of the Tribunal on 16.2.2010 with directions to the Registrar General to notify the order to the general public.
The office is directed to transfer the record of the writ petition to the Armed Forces Tribunal, Lucknow, as expeditiously as possible.