1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5684 OF 2004 Shri Kanshi Ram ..... Petitioner V/s. The Union of India and Ors. ..... Respondents Ms.Sarojini Upadhaya, for the petitioner. Mr.Vinay S. Masurkar a/w Mrs.N.V.Masurkar, for the respondents. CORAM :P.B.MAJMUDAR & R.M.SAVANT, JJ. DATE : 21st June, 2010 P.C. 1. The petitioner by the above petition filed under Article 226 of the Constitution of India, seeks grant of disability pension to him with effect from 16-08-1990 as per rules and regulations applicable to the grant of disability pension to the members of the Armed Forces. 2. The petitioner was enrolled in the Punjab Regiment as a Naik on 08-08-1980. During his tenure in Military service, he fell down while carrying wooden box and sustained serious injuries. In the year 1992, the Medical Board of Military, declared the petitioner as a permanent disabled person. The petitioner thereafter, claimed disability pension, which was turned down by the respondents on 09-06-1993. The petitioner preferred an appeal against the said order, which also came 2 to be rejected vide an order dated 25-03-1994. Hence, this petition. 3. The above petition was admitted on 27-06-2005 and is pending for hearing and final disposal since then. During the pendency of the above petition, the Armed Forces Tribunal has been constituted and we are informed by the learned counsel appearing for the respondents that vide Notification dated 07-10-2009, the said Tribunal has been constituted. In terms of Section 34(1) of the Armed Forces Tribunal Act, 2007, all pending proceedings pending before any Court including a High Court where cause of action whereon it is based is such that it would have been within the jurisdiction of the Tribunal if it has arisen after such establishment, stands transferred on that date to such Tribunal. 4. The effect of Section 34 of the said Act, is that if the writ petition is pending in this Court on 10-08-2009, which is the appointed date on which the Tribunal has been constituted, it would automatically stand transferred to the Tribunal. This petition has been pending on 07-10-2009 and therefore, by operation of Section 34 of the said Act, it would stand transferred to the Armed Forces Tribunal. In so far as the present proceedings are concerned, Section 20 and 27 are very relevant. By virtue of the former Section, the Chairperson is empowered to distribute the business amongst the Benches of the Tribunal, whereas the latter Section empowers the Chairperson to transfer the proceedings from 3 Benches or to Benches on application. 5. It is therefore, obvious that as and when the Bench is constituted for Bombay, the Chairperson would take steps to transfer petitions which are transferred to the Principal Bench from this Court to the Bench of the Tribunal constituted for Bombay. But since, as on today, the Tribunal is constituted under the said Act, the above petition cannot be kept pending here. The writ petition is therefore, transferred to the Armed Forces Tribunal at Delhi. Order accordingly. ( R.M.SAVANT, J. ) ( P.B.MAJMUDAR, J. )