IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9575 of 2007 ====================================================== 1. Most. Sadhika Kuar, wife of Late Parasnath Kahar, resident of village and P.O. Hetampur, P.S. Tiyar, District Bhojpur 2. Sanjay Kumar, son of Late Parasnath Kahar, resident of village and P.O. Hetampur, P.S. Tiyar, District Bhojpur .... .... Petitioner/s Versus 1. Union Of India through the Secretary, Ministry of Defence, Government of India, New Delhi. 2. Chief of the Army Staff Army Head Quarter, Ministry of Defence, New Delhi 3. Engineer in Chief Eastern Command Calcutta 21 4. Chief Engineer, Eastern Command, Calcutta 21 5. Chief Engineer, Head Quarter, Shillong Zone Spread Eagle Falls Shillong 6. Garrison Engineer 872EWS C/O 99 APO PIN 913872 .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.4220 of 2008 ====================================================== Akhileshwar Prasad Singh, S/o Late Sarwan Kumar Singh, resident of village At and P.O. – Arai via Karai – Parsurai, P.S. – Shahjahanpur, District - Patna, Bihar .... .... Petitioner/s Versus 1. The Union Of India through the Secretary, Department of Defence, Raisina Hills, New Delhi -110011 2. The Director General, HQ DGBR/EG-2, Seema Sadak Bhawan Ring Road, Delhi Cantt., New Delhi – 110010 3. The Office Incharge, Record Office, General Reserve Engineer Force, Dighi Camp, Pune - 411015 4. The Senior Administrative Officer, Offg. O/c Rtg. for Commandant General Reserve Engineer Force, Dighi Camp Pune - 411015 .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.9561 of 2008 ====================================================== Chandrama Sah, son of Late Rameshwar Sah, resident of village - Khalispur, P.S. + Block – Baniapur, District - Saran .... .... Petitioner/s Versus 1. The Union Of India through the Engineers in Chief Branch Army Headquarters, New Delhi – 110011. 2. The H.Q. Eastern Command, Engineers Branch, Fort Willian, Kolkatta. 3. H.Q. Chief Engineer, Shillong Zone, Spread Eagle Falls Shillong – 11 4. Dir (Pers & Legal) Shillong Zone, Spread Eagle Falls Shillong - 11 Patna High Court CWJC No.9575 of 2007 (11) dt.26-06-2013 2/3 5. Headquarters, 137 Works Engineers Pin 914137 C/o 99 A.P.O. 6. Garrison Engineers, 868 Enars Wks See C/o 99 A.P.O. .... .... Respondent/s ====================================================== Appearance : (In CWJC No.9575 of 2007) For the Petitioner/s : Mr. Surendra Mishra For the Respondent/s : Mr. Binay Kumar Pandey (Cgc) (In CWJC No.4220 of 2008) For the Petitioner/s : Mr. Ashok Kumar Singh Mr. Parmeshwar Vishwakarma Mr. Ambrish Rahul Mr. Brajesh Tiwary For the Respondent/s : Mr. Rana Randhir Singh (In CWJC No.9561 of 2008) For the Petitioner/s : Mr. Krishna Kant Singh Mr. Anil Kumar Sinha For the Respondent/s : Mr. Anjani Kr.Sharan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 11 26-06-2013 Heard. In all the aforesaid writ petitions similar questions are involved, and as such, all the writ petitions were heard together. Earlier also, all the aforesaid writ petitions were heard together. Earlier by order dated 22.4.2011, C.W.J.C. No. 9575 of 2007 was referred to a Division Bench. Similarly, C.W.J.C. No. 4220 of 2008, by order dated 22.4.2011 was directed to be listed along with C.W.J.C. No. 9575 of 2007. On 27.4.2011, C.W.J.C. No. 9561 of 2008 was directed to be listed along with C.W.J.C. No. 9575 of 2007. Finally, a Division Bench of this court by order Patna High Court CWJC No.9575 of 2007 (11) dt.26-06-2013 3/3 dated 17.10.2011 directed the Registry to place the matter before the single Judge for appropriate decision in the light of order dated 9.5.2011 passed in L.P.A. No. 223 of 2011, and accordingly, the matter has been placed before this bench. In view of order dated 9.5.2011 passed in L.P.A. No. 223 of 2011, law has already been set at rest that in the cases of armed forces personnel relating to service matter, after constitution of the Armed Forces Tribunal under the provision of Armed Forces Tribunal Act, 2007, jurisdiction lies with the Armed Forces Tribunal itself to adjudicate on such issue at the first instance. In view of the fact that the aforesaid writ petitions were pending since 2007, instead of dismissing the writ petitions, enabling them to approach the Armed Forces Tribunal, it is desirable to direct the Registry of this court to transmit the record of the aforesaid cases to the Armed Forces Tribunal situated at Kolkata, West Bengal, forthwith. Praful/- (Rakesh Kumar, J)