Calcutta High Court (Appellete Side)
Gangeshwar Baitha vs Union Of India & Ors on 18 May, 2010
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
In The High Court at Calcutta
18-05-2010 Constitutional Writ Jurisdiction
sb-9 Appellate Side
.
W.P.No.18470(W) of 2004 Gangeshwar Baitha
-vs-
Union of India & Ors.
The petitioner was a person subject to the provisions of the Army Act, 1950. He is claiming gratuity, pension and other benefits.
In view of the provisions of ss.14 and 34 of the Armed Forces Tribunal Act, 2007 the tribunal, since established, has exclusive jurisdiction over the subject matter and the pending art.226 petition stood statutorily transferred to it.
In view of the above-noted situation, the department is directed to send the records of the case to the Armed Forces Tribunal, Kolkata Bench within seven days from the date the records are sent down from the court.
(Jayanta Kumar Biswas, J.)