IN THE HIGH COURT OF UTTARAKHAND AT NAINTIAL Writ Petition No. 1321 (SS) of 2006 Jagdish Chandra …Petitioner Versus Union of India and others …Respondents Mr. Anil Kumar Joshi, learned counsel present for the petitioner. Ms. Farida Siddiqui, learned counsel present for the respondents. Hon’ble Sudhanshu Dhulia, J. Heard Mr. Anil Kumar Joshi, learned counsel for the petitioner and Ms. Farida Siddiqui, learned counsel for the respondents. A preliminary objection has been raised by the learned counsel for the respondents that the matter is cognizable in the first instance by the Armed Forces Tribunal, which has been constituted under the Armed Forces Tribunal Act, 2007, therefore, under Section 34 of the Armed Forces Tribunal Act, this writ petition is liable to be transferred to the Armed Forces Tribunal. Learned counsel for the petitioner though argued that the petitioner has filed the present writ petition for making compassionate appointment. He relied upon the order dated 26th June 2000 and 12th July 2000 passed by Adjutant General Branch relating to appointment on compassionate ground, which laid down certain conditions for such appointment. Learned counsel for the respondents states that the matter is cognizable by the Armed Forces Tribunal under Section 3(o)(iv) where any other court which is residuary class and reference of all matter pertains to the Armed Tribunal, which were included recruitment in Armed Forces. She further relies upon the classification which has been framed under the Armed Forces Tribunal (Practice) Rules, 2009 where under Form No. 27, rule 17 reads as follows:- 2 “SUBJECT-WISE CLASSIFICATION OF CASES 1. …. 2. …. 3. …. 4. …. 5. …. 6. …. 7. …. (a) …. (b) …. (c) …. (d) …. (e) …. (f) …. (g) …. (h) ….. 8. …. 9. …. 10. …. 11. …. 12. …. 13. …. 14. …. 15. …. 16. …. 17. Compassionate appointment/ appointment of defendants dying in harness”. This is one of the classification of cases which is to be adjudicated upon by the Armed Forces Tribunal as such the matter is transferred to the Armed Forces Tribunal. All the same, after the promulgation of the Armed Forces Tribunal Act, 2007, in terms of Section 34 of 3 the Armed Forces Tribunal Act, 2007 all such proceedings, inter alia, pending before a High Court, which would have fallen within the jurisdiction of a Tribunal, had such proceeding arisen after the establishment of the Armed Forces Tribunal, are mandatory to stand transferred to the Armed Forces Tribunal on the date on which the Tribunal was constituted. Section 34 of the Armed Forces Tribunal Act, 2007 is being reproduced hereunder: “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 transfer or from any earlier stage or de novo as the Tribunal may deem fit.” 4 This Court, therefore, is satisfied that in terms of Section 34 of the Armed Forces Tribunal Act, 2007, the instant writ petition would stand automatically transferred to the Armed Forces Tribunal on the constitution thereof. In view of the above, the Registry is hereby directed to transfer the records of the present case in accordance with Section 34 of the Armed Forces Tribunal Act, 2007 to the Armed Forces Tribunal, near Governor House, Rafi Ahmad Kidwai Marg, Lucknow for its disposal. (Sudhanshu Dhulia, J.) Dated: 20.09.2011 VKG