Punjab-Haryana High Court
Union Of India & Ors vs Smt. Biran Devi on 23 November, 2010
C.M. No. 14031 - C of 2010 in/and
R.S.A. No. 1287 of 2003 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
-.-
C.M. No. 14031 - C of 2010 in/and
R.S.A. No. 1287 of 2003 (O&M)
Date of decision:- 23.11.2010
Union of India & Ors. ... Appellants
Versus
Smt. Biran Devi ... Respondent
CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. , Advocate, for the non-applicant-appellant.
Mr. Ram Chander, Advocate, for the applicants- respondents. Gurdev Singh, J (oral) Heard.
The applicant/respondent has filed this application under Section 151 of the Code of Civil Procedure for transferring the present appeal to the Armed Forces Tribunal, Chandigarh Bench (at Chandimandir), in view of Section 34 of the Armed Forces Tribunal Act, 2007 (hereinafter referred to as 'the Act'), being a service matter under the Army Act, Rules and Regulations fully covered under the Act.
Section 34 of the Act deals with the transfer of pending cases in any court including a High Court or other authority. Sub section (1) thereof is re-produced below:-
"34. Transfer of pending cases.--(1) Every suit, or other proceeding pending before any court including a High Court or other authority immediately before the date of establishment of C.M. No. 14031 - C of 2010 in/and R.S.A. No. 1287 of 2003 (O&M) -2- the Tribunal under this Act, being a suit or proceeding the cause of action whereon it is based, is such that it would have been within the jurisdiction of the Tribunal, if it had arisen after such establishment within the jurisdiction of such Tribunal, stand transferred on that date to such Tribunal."
It has not been disputed by the learned counsel for the appellant that the Armed Forces Tribunal, Chandigarh, has already been established under Section 4 of the Act and the cause of action/subject matter involved in the present appeal is covered by the definition of "service matters" as enumerated in Section 3 (o) (i) of the Act.
Accordingly, this appeal is withdrawn from the file of this court and is transferred to the Armed Forces Tribunal, Chandigarh Bench (at Chandimandir).
The parties are directed to appear before it on 8.2.2011.
November 23, 2010 (Gurdev Singh) tripti Judge