RSA No.1193 of 1994 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CM No.10337-C-2010 and RSA No.1193 of 1994 DATE OF DECISION: 14.09.2010 **** Union of India and another . . . . Appellants VS. Jarnail Singh Sepoy No.11036223 GNR . . . . Respondent **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: - Mr.Brijeshwar Singh, Advocate for the appellants/UOI. None for the respondent. **** RAKESH KUMAR JAIN J. (ORAL) This is an application filed under Section 151 of the Code of Civil Procedure, 1908 (for short ‘CPC’) for early hearing of the case. In brief, the plaintiff/respondent filed the suit for declaration that he is entitled to disability pension and also prayed for mandatory injunction to direct the defendants to pay all the benefits of the disability pension. The said suit was dismissed by the trial Court on 24.4.1992. However, appeal was allowed by the District Judge, Ambala on 20.8.1993. Aggrieved against the aforesaid judgment and decree of the First Appellate Court, present appeal namely, RSA No.1193 of 1994 was filed by the Union of India before this Court. The said appeal was admitted on 11.8.1994 in which following order was passed: - RSA No.1193 of 1994 - 2 - “Mr.Viney Mittal, Addl. Central Govt. Standing Counsel. Mr.Mittal states that the same point is involved in this appeal which had arisen in CWP Nos.12038 of 1993 and 218 of 1994 and these writ petitions have been referred to the larger bench by Hon’ble M.S. Liberahan, J. and Hon’ble S.K. Jain, J. vide order dated 15.4.1993 and Hon’ble R.S. Mongia, J. and Hon’ble V.K. Jhanji, J. vide order dated 26.4.1994, respectively. Notice. Notice regarding stay. Sd/- August 11, 1994 Judge” Learned counsel for the applicants/appellants has submitted that Civil Writ Petition No.218 of 1994 was disposed of by the Full Bench of this Court on 26.02.2010 and accordingly writ petition was transferred to the Armed Forces Tribunal, Chandigarh Bench, Chandimandir. Learned counsel for the applicants/appellants states that this appeal may be disposed of by transferring the present appeal as well to the Armed Forces Tribunal, Chandigarh Bench, Chandimandir (for short ‘Army Tribunal’) as the same point is involved in the present appeal as was involved in Civil Writ Petition No.218 of 1994 which was already transferred by Full Bench of this Court vide its order dated 26.2.2010. After hearing learned counsel for the applicants/appellants, application is allowed and the present appeal namely, RSA No.1193 of 1994 is ordered to be transferred to the Armed Forces Tribunal, RSA No.1193 of 1994 - 3 - Chandigarh Bench, Chandimandir. Parties are directed to appear before the Army Tribunal on 02.11.2010. (RAKESH KUMAR JAIN) SEPTEMBER 14, 2010 JUDGE Vivek