Punjab-Haryana High Court
No. 4452793-P Naik Prem Singh vs Union Of India And Others on 14 September, 2012
Author: Jasbir Singh
Bench: Jasbir Singh
In the High Court of Punjab and Haryana, at Chandigarh
1. Civil Writ Petition No. 6830 of 1992 (O&M)
No. 4452793-P Naik Prem Singh
... Petitioner
Versus
Union of India and Others
... Respondents
2. Civil Writ Petition No. 16531 of 1992 Malook Singh ... Petitioner Versus The Secretary to Government, Ministry of Defence, Chandigarh and Others ... Respondents
3. Civil Writ Petition No. 4027 of 1995 No. 6839092 Ex. Sepoy Karnail Singh through his LRs.
... Petitioner Versus Union of India and Another ... Respondents
4. Civil Writ Petition No. 11741 of 1995 Smt. Satwantjit Kaur and Another ... Petitioners Versus Union of India and Others ... Respondents Civil Writ Petition No. 6830 of 1992 (O&M) And 2 Other Connected Cases
5. Civil Writ Petition No. 16182 of 1995 Ex. Sepoy No. 14614250 Bhupinder Singh ... Petitioner Versus Union of India and Others ... Respondents
6. Civil Writ Petition No. 1190 of 1996 Smt. Surinder Kaur ... Petitioner Versus Union of India and Others ... Respondents
7. Civil Writ Petition No. 5470 of 1997 Surjit Singh ... Petitioner Versus Union of India and Others ... Respondents
8. Civil Writ Petition No. 776 of 1999 Patari Devi ... Petitioner Versus Union of India and Others ... Respondents Civil Writ Petition No. 6830 of 1992 (O&M) And 3 Other Connected Cases
9. Civil Writ Petition No. 12580 of 1998 SL 2876 Bhim Singh through his LRs ... Petitioner Versus Union of India and Others ... Respondents
10. Civil Writ Petition No. 14694 of 1998 Sat Pal, Ex Naib Subedar through his LRs.
... Petitioner Versus Union of India and Others ... Respondents
11. Civil Writ Petition No. 8388 of 2000 Ex. Havildar Gurbachan Singh ... Petitioner Versus Union of India and Others ... Respondents
12. Civil Writ Petition No. 8893 of 2000 Lt. Col. G.S. Parmar (Retired) ... Petitioner Versus Union of India and Others ... Respondents Civil Writ Petition No. 6830 of 1992 (O&M) And 4 Other Connected Cases
13. Civil Writ Petition No. 17854 of 2000 Bhag Singh ... Petitioner Versus Union of India and Others ... Respondents
14. Civil Writ Petition No. 4674 of 2001 Sarup Singh ... Petitioner Versus Union of India and Others ... Respondents
15. Civil Writ Petition No. 15361 of 2001 Gurmit Singh ... Petitioner Versus Union of India and Others ... Respondents
16. Civil Writ Petition No. 872 of 2002 Lt. Col. K.S. Sandhu (Retired) ... Petitioner Versus Union of India and Others ... Respondents Civil Writ Petition No. 6830 of 1992 (O&M) And 5 Other Connected Cases
17. Civil Writ Petition No. 4828 of 2002 Pritam Singh ... Petitioner Versus Union of India and Others ... Respondents
18. Civil Writ Petition No. 6175 of 2003 Ex. Hav. Parkash Singh No. 4447580 ... Petitioner Versus Union of India and Others ... Respondents
19. Civil Writ Petition No. 6427 of 2002 No. 3359864 Ex. Sep. Avtar Singh ... Petitioner Versus Union of India and Others ... Respondents
20. Civil Writ Petition No. 19037 of 2002 Baldev Singh ... Petitioner Versus Union of India and Another ... Respondents Civil Writ Petition No. 6830 of 1992 (O&M) And 6 Other Connected Cases
21. Civil Writ Petition No. 7157 of 2003 Kuldip Singh, Ex. Sepoy No. 4464684 ... Petitioner Versus Union of India and Others ... Respondents
22. Civil Writ Petition No. 10034 of 2003 SL-2764 Lt. Col. Jaswant Singh (Retired) ... Petitioner Versus Union of India and Others ... Respondents
23. Civil Writ Petition No. 12003 of 2003 Satish Kumar ... Petitioner Versus Union of India and Others ... Respondents
24. Civil Writ Petition No. 5698 of 2004 No. 4452678 Ex. Sep. Sukhdev Singh ... Petitioner Versus Union of India and Others ... Respondents Civil Writ Petition No. 6830 of 1992 (O&M) And 7 Other Connected Cases
25. Civil Writ Petition No. 7724 of 2004 Ex. Subedar Basi Ram ... Petitioner Versus Union of India and Others ... Respondents
26. Regular Second Appeal No. 1698 of 1994 Union of India & Others ... Appellants Versus Rampal Sharma ... Respondent
27. Regular Second Appeal No. 1660 of 1998 Gurcharan Singh Bhatia ... Appellant Versus Union of India and Another ... Respondents
28. Regular Second Appeal No. 3381 of 2000 No. 3152722 Ex-Rifleman Rattan Singh ... Appellant Versus Union of India & Others ... Respondents Civil Writ Petition No. 6830 of 1992 (O&M) And 8 Other Connected Cases
29. Regular Second Appeal No. 2750 of 2002 Union of India and Others ... Appellants Versus Sepoy Dev Raj Ex. No. 3934908 of 15 Dogra ... Respondent
30. Regular Second Appeal No. 342 of 2004 Union of India and Others ... Appellants Versus Smt. Vidya Devi ... Respondent AND
31. Regular Second Appeal No. 2268 of 2005 Union of India and Others ... Appellants Versus Shyam Singh ... Respondent Date of Decision: 14.9.2012 CORAM: Hon'ble Mr. Justice Jasbir Singh, Acting Chief Justice. Present: Mr.Gurpreet Singh, Senior Panel Counsel for Union of India.
Mr. S.K. Sharma , Senior Panel Counsel for Union of India.
Mr. Kunal Dawar, Central Government Standing Counsel for Union of India. Civil Writ Petition No. 6830 of 1992 (O&M) And 9 Other Connected Cases Mr. Anil Rathee, Additional Central Government Standing Counsel for Union of India. Mr. Hemen Aggarwal, Additional Central Government Standing Counsel for Union of India. Jasbir Singh, Acting Chief Justice (Oral) This order will dispose of a bunch of Civil Writ Petitions Nos.6830, 16531 of 1992, 4027, 11741, 16182 of 1995, 1190 of 1996, 5470 of 1997, 12580, 14694 of 1998, 776 of 1999, 8388, 8893, 17854 of 2000, 4674, 15361 of 2001, 872, 4828, 6427, 19037 of 2002, 6175, 7157 of 2003, 10034, 12003 of 2004, 5698, 7724 of 2004, RSA Nos.1698 of 1994, 1660 of 1998, 3381 of 2000, 2750 of 2002, 342 of 2004, 2268 of 2005 pertaining to the disability pension, dismissal from service etc. of Army personnel which fall within the definition of 'service matters' as defined in Section 3(o) of the Armed Forces Tribunal Act, 2007 (in short the Act).
At the outset, counsel for the respondents have raised a preliminary objection by placing reliance on Section 34 read with Section 14 and 3(O) of the Act. A conjoint reading of these Sections would show that all service matters concerning the members of Armed Forces involving pension and other retiral benefits pending before this Court, are required to be transferred to the Armed Forces Tribunal, Chandigarh Bench, Chandigarh (in short, Army Tribunal), which is constituted for this jurisdiction. This bunch is comprised of writ petitions filed under Article 226/227 of the Constitution against the orders passed by the Central Administrative Tribunal and Regular Second Appeals filed against the Civil Writ Petition No. 6830 of 1992 (O&M) And 10 Other Connected Cases judgments and decrees of Courts below, which now can be heard by the Army Tribunal.
After hearing learned counsel for the respondents, this Court is of the view that these matters are liable to be transferred to the Armed Forces Tribunal, Chandigarh Bench, Chandigarh.
Ordered accordingly. The petitioner(s) and parties through their counsel are directed to appear before the Army Tribunal on 31.10.2012.
The Registry is directed to send all these matters along with the original record to the Army Tribunal expeditiously, but not later than two weeks.
The Registry is further directed to send a copy of the order to all the petitioners / appellants in these matters.
With above observations, all these writ petitions and Regular Second Appeals stand disposed of.
(Jasbir Singh) Acting Chief Justice September 14, 2012 "gk"