IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.1050 of 2006 (S/S) Kamal Singh Rautela, S/o Sri Chandra Lal Rautela Aged about 39 years, R/o Mohalla, Malli Bazar Almora District Almora. ……Petitioner Versus 1. Union of India through Secretary Ministry of Defence, Sough Bloc New Delhi. 2. Chief of Army Staff, Sena Bhawan New Delhi. 3. Adjutant General, Infantry-6Army Headquarter, D.H.Q., P.O. New Delhi. 4. Prinicipal Controller of Defence Accounts (Pension) Draupadi Ghat Allahabad. 5. Officer Incharge (Record), Kumaon Regiment Ranikhet. …….Respondents Ms. Rakesh Thapliyal, Advocate for the petitioner. Mrs. Anjali Bhargava, Standing Counsel for Union of India/respondents. Dated:-05-08-2010 Hon’ble B.S.Verma, J. Heard learned counsel of the parties and perused the record. Learned counsel for the petitioner has sought a writ in the nature of mandamus directing to the respondents to pay the disability pension as recommended by the medical board in AFMSF-16 dated 08.04.1996 annexed as annexure No.2 to the writ petition and further grant the invalid pension and gratuity as per Army instruction no. 12/S dated 31.12.1964 within a specific period. Learned counsel appearing for the Union of India has submitted that now the jurisdiction to decide the controversy involved in the present writ petition is vested in the Armed Forces Tribunal at Lucknow (for short the Tribunal), therefore, the matter be relegated to the Tribunal. Having considered the submissions of the learned counsel for the respondents, I am satisfied that the jurisdiction to hear the present writ petition is vested with the Tribunal under section 15 of the Armed Forces Tribunal Act, 2007. Therefore, in terms of Section 34 of the Armed Forces Tribunal Act, 2007, the present writ petition would stand transferred to the Tribunal. Accordingly, the Registry of this Court is directed to transfer the writ petition to the Tribunal concerned under section 34 of the Armed Forces Tribunal Act, 2007. (B.S.Verma, J.) 05-08-2010 JM