1 OSWP-921-2011 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 921 OF 2011 Harendra Singh ...Petitioner Versus The Union of India and ors. ...Respondents Mr.Ajai Pal Singh for petitioner. Ms.S.V.Bharucha with Mr.A.M.Sethna for respondents. CORAM: B. H. MARLAPALLE & SMT. NISHITA MHATRE, JJ. September 2, 2011. P.C. 1. The petitioner is a Senior Sailor with the Indian Navy (Active Service) and he seeks to challenge the order of promotion issued in his favour on 2nd November 2008. The effective dates of his promotion for the rank of EAP-5 and EAP-4 have been amended so as to amend that his promotion for the rank of EAP-5 is effective from 2nd August 2006 and his promotion as Acting EAP-4 would be effective from 2nd August 2007. 2 OSWP-921-2011 The petitioner also contends that that the amendment to NI 2/1996 dated 17th August 2010 is not applicable for the 10+2 (PCM) entry AA Sailors who have been enrolled before 17th August 2010. 2. In our opinion the challenge raised by the petitioner has to be, at the first instance, agitated before the Armed Forces Tribunal established under the Armed Forces Tribunal Act, 2007. Section 3(o) of the said Act defines “service matters” and it means all matters relating to the conditions of service of the persons subject to the Army Act, 1950, the Navy Act, 1957 and the Air Force Act, 1950. Section 14 of the said Act defines the jurisdiction, powers and authority of the Tribunal. 3. We, therefore, allow the petition to be withdrawn with liberty to approach the Armed Forces Tribunal. (SMT.NISHITA MHATRE, J.) (B. H. MARLAPALLE, J.)