1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2142 OF 2005 Shri Sharad Shamrao Gaikwad ..... Petitioner V/s. The Union of India and Ors. ..... Respondents Mr.M.A.Patil, for the Petitioner. Mr.V.S.Masurkar a/w Ms.Rutuja Ambekar, for the respondents. CORAM :P.B.MAJMUDAR & R.M.SAVANT, JJ. DATE : 21st June, 2010 P.C. 1. This petition is filed by a person who was belonging to the Armed Forces of the Country. The petitioner by the above petition filed under Article 226 of the Constitution of India, seeks quashing and setting aside of the order dated 01­10­2004 and the letter dated 12­01­2005 issued by the respondent No.3 and on such reliefs being granted, allow the petitioner to resume his duties as Sepoy and to give all consequential benefits to the petitioner. 2. The petitioner vide an application dated 01­10­2003 requested the respondent No.3 for being discharged from service on compassionate ground, which came to be rejected. 3. The above petition was admitted on 03­10­2006 and is 2 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 07­10­2009, 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 10­08­2009, 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 07­10­2009 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 Benches or to Benches on application. 5. It is therefore, obvious that as and when the Bench is 3 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. )