1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.12.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P(MD)No.12283 of 2011 and M.P(MD)Nos.1 & 2 of 2011 P.Kamalakannan ... Petitioner Versus 1. The Brigadier,Brigadier Administration, For General Officer Commanding-in-Chief, Head Quarters,Eastern Command, PIN-908542 C/o.99 APO. 2. PAO (OR),EME Secunderabad,PIN-500 021 (AP). 3.C.Gomathi ... Respondents PRAYER : Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the first respondent in Ref.HQ Eastern Command Letter No.201430/663/A1(DV-3) dated 12.08.2011 and quash the same as devoid of merits and direct the first and second respondents not to deduct the salary of the petitioner working as a Havildar/Clerk in the Military service under the control of the first respondent herein. For Petitioner : Mr.N.Madhava Govindan For RR 1 & 2 : Mr.S.R.A.Ramachandran, Central Government Standing Counsel For R – 3 : Mr.M.Arun Murugan O R D E R The petitioner has come up with the above Writ Petition, challenging an order passed by the first respondent directing the grant of maintenance allowance to his wife, who is the third respondent herein. 2. Heard Mr.N.Madhava Govindan, learned Counsel for the petitioner, Mr.S.R.A.Ramachandran, learned Central Government Standing Counsel for the respondents 1 & 2 and Mr.M.Arun Murugan, learned Counsel for the third respondent. 3. The Writ Petition deserves to be dismissed on a very short ground. Under Section 3(o) of the Armed Forces Tribunal Act 2007, all matters relating to the conditions of service of a member of the force, could come within the division of the expression of “service matters”. Under Section 14(1) of the said Act, on and from the date of constitution of the Tribunal, the jurisdiction, powers and authority of this Court in relation to all service matters stands vested with the Armed Forces Tribunal. Therefore, the only remedy open to the petitioner is to go before the Tribunal. Hence, giving liberty to the petitioner to move the Tribunal, the https://hcservices.ecourts.gov.in/hcservices/ 2 Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. SD ASST REGISTRAR(CO) /TRUE COPY/ ps SUB ASST REGISTRAR To 1. The Brigadier,Brigadier Administration, For General Officer Commanding-in-Chief, Head Quarters,Eastern Command, PIN-908542,C/o.99 APO. 2. PAO (OR),EME Secunderabad,PIN-500 021 (AP). 1CC To M/s.Arun Murugan, Advocate SR No.43813 1cc To M/s.N.Madhavagovindan, Advocate SR No.43524 SB:30/12/2011 2p 5c W.P(MD)No.12283 of 2011 13.12.2011 https://hcservices.ecourts.gov.in/hcservices/