THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 709 of 2005. Nb. Subedar Ramesh Chandra S/O Shri Ganga Ram, R/O Village Gadla, post-Kanhaura, District Rewari (Haryana). … Petitioner. Vs. Union of India and others. …Respondents. Mr. C.D.Bahuguna, Advocate, learned counsel for the petitioner. Mr. Raman Kumar Sah, learned Standing Counsel Union of India for the respondents. Date September 9, 2010. Hon’ble B.S.Verma, J. By means of this writ petition, the petitioner has sought the following relief:- I. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 17th July 2004 whereby the statutory complaint of the petitioner has been rejected by the Chief of the Army Staff, the respondent no.2, contained in Annexure-1 to this petition. II. Issue a writ, order or direction in the nature of mandamus commanding the respondents to grant notional promotion to the petitioner to the rank of Subedar w.e.f. 12-07-2000, the date when the junior person, namely, Jawahar Lal and other persons were promoted to the rank of Subedar and pay its consequential benefits to the petitioner and revise the pensionary benefits of the petitioner accordingly. III. To issue any order or direction to the petitioner which this Hon’ble Court may deem fit and proper in the circumstances of the case. IV. To award cost for the writ proceedings. Learned counsel appearing for the Union of India, Mr. Raman Kumar Sah, has submitted that now the jurisdiction to decide 2 the controversy involved in the present writ petition is vested in the Armed Forces Tribunal. I have perused the provisions of Section 14 and Section 34 of the Armed Forces Tribunal Act, 2007. Sub-section (1) of Section 14 of the Armed Forces Tribunal Act, 2007 reads as under:- “14. Jurisdiction, powers and authority in service matters.-(1) Save as otherwise expressly provided in this Act, the Tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority, exercisable immediately before that day by all courts (except the Supreme Court or a High Court exercising jurisdiction under Articles 226 and 227 of the Constitution) in relation to all service matters.” Section 34 of the Armed Forces Tribunal Act, 2007 reads as under:- “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 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. (2) Where any suit, or other proceeding stands transferred from any court including a High Court or other authority to the Tribunal under sub-section(1)- (a) the court or other authority shall, as soon as may be, after such transfer, forward the records of such suit, or other proceeding to the Tribunal; (b) the Tribunal may, on receipt of such records, proceed to deal with such suit, or other proceeding, so far as may be, in the same manner as in the case of an application made under sub-section (2) of Section 14, from the stage which was reached before such 3 transfer or from any earlier stage or de novo as the Tribunal may deem fit.” Having considered the submissions of the learned counsel for the respondents, I am satisfied that the jurisdiction to hear the present writ petition is vested with the Armed Forces Tribunal under Section 14(1) of the Armed Forces Tribunal Act, 2007. Therefore, in terms of Section 34 of the Armed Forces Tribunal Act, 2007, the present writ petition would stand transferred to the Tribunal. Accordingly, the Registry of this Court is directed to transfer the writ petition to the Armed Forces Tribunal concerned under Section 34 of the Armed Forces Tribunal Act, 2007. (B.S.Verma,J.) RCP