CW 15592/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.15592/2009 Sudhir Kr. Saxena Versus Govt. of India & Ors Date of Order ::: 04/01/10 Hon'ble Mr. Justice Ajay Rastogi Mr. PK Sharma, for petitioner. By instant petition, while claiming certain benefits to which petitioner is entitled for having become eligible of Lt. Colonel (T.S.) w.e.f. 12/05/02 along with salary & retiral benefits, he has challenged vires of Army Order-AO/23/90/ dt.26/12/90 (Ann.2). Counsel submits that grievance having been raised is certainly covered under the Armed Forces Tribunal Act, 2007 which provides effective remedy of appeal to the Tribunal having jurisdiction, but since vires of the Army order dt.26/12/90 (Ann.2) is under challenge, the same cannot be examined by the Tribunal under the Act, 2007. Jurisdiction, powers & authority in service matters are conferred U/s 14 of the Act, 2007 which does not bar as alleged by the Counsel. Consequently, writ petition is dismissed. However, petitioner will be free to avail of remedy available under Act, 2007, if advised. (Ajay Rastogi), J. K.Khatri/p1/ 15592CW09-Jn4-Army-Rmdy.doc