CWP No. 11656 of 2008 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CWP No. 11656 of 2008 Date of Decision : 28.07.2010 Rabel Singh .......... Petitioner Versus Union of India & others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Y.S. Turka, Advocate for the petitioner. Mr. Aman Chaudhary, Central Govt. Counsel for the respondents. **** VINOD K. SHARMA, J. (ORAL) The petitioner has invoked the writ jurisdiction of this Court for issuance of writ in the nature of certiorari for quashing the impugned order dated 28.12.2007, attached as Annexure P-8, order dated 5.3.2007, attached as Annexure P-6, and the order dated 19.9.2005, attached as Annexure P-4, vide which AIR Cmde, Air Officer Commanding, 7 Wing, Air Force, Ambala Cantt., Distt. Ambala has declined the claim of the petitioner for counting of his past military service i.e. from 1.7.1948 to 15.5.1953, for the purpose of fixation of pension, rendered by the petitioner, under the Central Civil Services Rules itself. This matter was earlier transferred to the Armed Forced Tribunal Chandigarh Bench at Chandimandir, but has been sent back by observing as under :- CWP No. 11656 of 2008 -2- “It is submitted by the learned counsel for the petitioner that the petitioner's grievance is covered by CCS Pension Rules 1972 and not by the Armed Forced Tribunal Act 2007. Under the circumstances, this case is returned to the Hon'ble High Court for further necessary action.” This Court vide order dated 5.9.2009 had transferred this writ petition to the Armed Forces Tribunal, Chandigarh Bench at Chandigarh. The order passed by this Court reads as under :- “The issues involved in these petitions are cognizable by the Armed Forced Tribunal, constituted under Armed Forces Tribunal Act, 2007 (Act No. 55 of 2007) by the Central Govt. vide notification dated 7.8.2009. I am informed that the Members of the Chandigarh Bench of the Tribunal have already been appointed and the bench is likely to function shortly. All these cases are accordingly transferred to the Armed Forces Tribunal, Chandigarh Bench at Chandigarh. Parties through their respective learned counsel are directed to appear before the bench on 18.1.2010 for further proceedings. Copy of this order be placed on each connected file.” However, keeping in view the fact that the petitioner was claiming relief against the department which falls under Union of India, the Hon'ble Armed Forces Tribunal, Chandigarh Bench at Chandigarh has returned the case to this Court. It is not in dispute that the petitioner has retired after rendering service in the Indian Air CWP No. 11656 of 2008 -3- Force as Lascer, which is a civil post under the Union of India. The relief claimed, therefore, falls within the jurisdiction of Central Administrative Tribunal and not before this High Court. In view of this, the learned counsel for the petitioner wishes to withdraw this writ petition to approach the Central Administrative Tribunal to get his grievance redressed. Dismissed as withdrawn. Liberty granted. 28.07.2010 (VINOD K. SHARMA) 'sp' JUDGE