IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL WRIT No. 2891 of 1997 LT. COL.PARTHA SARTHI MOHANTI V/S U.O.I. & ORS Mr. ANAND PUROHIT, for the appellant / petitioner Mr. VK MATHUR, for the respondent Date of Order : 24.11.2009 HON'BLE SHRI N P GUPTA,J. ORDER ----- Learned counsel for the respondent informs that as per the provisions of Armed Forces Tribunal Act, 2007, the Tribunal has been established and has started functioning. In my view, that being the factual position, in view of the provisions of Section 34 of the said Act which reads as under:- “34 Transfer of pending cases-(1) Every suit, or other proceeding pending before any court including a High Court or other authority immediately before the date of establishment of the Tribunal under this Act, being a suit or proceeding the cause of action whereon it is based, is such that it would have been within the jurisdiction of the Tribunal, if it had arisen after such establishment within the jurisdiction of such Tribunal, stand transferred on that date to such Tribunal. (2) Where any suit, or other proceeding stands transferred from any court including a High Court or other authority to the Tribunal under sub-sec.(1)- (a) the court or other authority shall, as soon as may be, after such transfer, forward the records of such suit, or other proceeding to the Tribunal; (b) the Tribunal may, on receipt of such records, proceed to deal with such suit, or other proceeding, so far as may be, in the same manner as in the case of an application made under sub-sec.(2) of Sec. 14, from the stage which was reached before such transfer or from any earlier stage or de novo as the Tribunal may deem fit.” read with the provisions of Section 3(o) of the said Act which also reads as under:- “(o) service matter, in relation to the persons subject to the Army Act, 1950(46 of 1950), the Navy Act, 1957 (62 of 1957) and the Air Force Act, 1950(45 of 1950), mean all matters relating to the conditions of their service and shall include- (i) remuneration (including allowances), pension and other retirement benefits; (ii) tenure, including commission, appointment, enrolment, probation, confirmation, seniority, training, promotion, reversion, premature retirement, superannuation, termination of service and penal deductions; (iii) summary disposal and trials where the punishment of dismissal is awarded; (iv) any other matter, whatsoever, but shall not include matters relating to- (i) orders issued under Sec. 18 of the Army Act, 1950 (46 of 1950), sub-sec. (1) of Sec.15 of the Navy Act, 1957 (62 of 1957), and Sec. 18 of the Air Force Act, 1950 (45 of 1950), and (ii) transfers and postings including the change of place or unit on posting whether individually or as a part of unit, formation or ship in relation to the persons subject to the Army Act, 1950 (46 of 1950) the Navy Act, 1957 (62 of 1957) and the Air Force Act, 1950 (45 of 1950). the matter stands transferred to the said Tribunal. The Registry to take necessary steps in this regard under Sub- section 2, as such the writ petition stands disposed of. ( N P GUPTA ),J. /tarun/