CWP No. 16821 of 1997 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CWP No. 16821 of 1997(O&M) Date of Decision : 09.08.2010 Ex. MT Driver Kishan Singh .......... Petitioner Versus Union of India & others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Saurabh Garg, Advocate for the petitioner. Mr. Heman Aggarwal, Addl. Central Govt. standing counsel. **** VINOD K. SHARMA, J. (ORAL) The petitioner has approached this Court by invoking the writ jurisdiction of this Court under Articles 226/227 of the Constitution of India, for issuance of writ of mandamus to the respondents, to give benefit of military service rendered by the petitioner during the period from 1948 to 1865 i.e. about 17 years, and to release the pensionary benefits forthwith. The petitioner further prays for issuance of writ of mandamus directing the respondents to count the entire service rendered by the petitioner for grant of pension. On constitution of the Armed Forces Tribunal, this writ petition was transferred to the Hon'ble Armed Forces Tribunal, Regional Bench Chandigarh at Chandimandir. CWP No. 16821 of 1997 -2- The Hon'ble Armed Forces Tribunal Regional Bench returned the case by passing the following order :- “It is admitted by both the ld. Counsel for the parties that the matter under dispute is not cognizable by the Armed Forces Tribunal. Accordingly, this application is returned to the Hon'ble High Court of Punjab And Haryana, Chandigarh, for further necessary action.” The order passed by the Army Tribunal shows, that the petitioner is not the army personnel, but is civilian employee of the Union of India, therefore, the jurisdiction to deal with the case is with the Central Administrative Tribunal, and not with this Court. Consequently, this writ petition is ordered to be transferred to the Hon'ble Central Administrative Tribunal, Chandigarh. The parties, through their counsel, are directed to appear before the Hon'ble Central Administrative Tribunal, Chandigarh Bench on 27.9.2010. Writ petition disposed off accordingly. 09.08.2010 (VINOD K. SHARMA) 'sp' JUDGE