B.Prabhavathi v. ORAL ORDER
Case at a glance
- Bench
- NOOTY RAMAMOHANA RAO
Provisions considered
- Army Act, 1950 s. 2(1)(c)
- Armed Forces Tribunal Act, 2007 ss. 3(o), 34
- Armed Forces Tribunal Act ss. 3(o), 34
Judgment
THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO Writ Petition No. 25763 of 2002. ORAL ORDER: None appears for the writ petitioner. I have heard Sri.A.Rajashekar Reddy, learned Assistant Solicitor General. It is contended by the learned Assistant Solicitor General that this writ petition has been filed by the wife of the deceased, who was an enrolled person of the Territorial Army. The application of the petitioner for employment on compassionate grounds has been rejected by an order passed on 8.3.2002. The legality and validity of the order dt. 8.3.2002 rejecting the application of the petitioner is challenged in this writ petition. It is not in dispute that the deceased husband of the writ petitioner is an employee of the union enrolled with the Territorial Army. In terms of Section 2 (1) (c) of the Army Act 1950, the enrolled persons of the Territorial Army are subject to the provisions of the Army Act, 1950.
The Parliament enacted the Armed Forces Tribunal Act 2007 and as per Section 2 of the said Act, the provisions of the said enactment shall apply to all persons subject to the Army Act, 1950. The expression “Service disputes” has been defined under Section 3(o) of the Armed Forces Tribunal Act, which is couched in a broad and wide language to include any other matter whatsoever. The subject matter of the dispute in this writ petition is not excepted matter as spelt out under Section 3(o) of the Armed Forces Tribunal Act, 2007. In terms of Section 14(1) of the said Act, the Armed Forces Tribunal shall exercise on and from the appointed day, all the jurisdiction, powers and authority, exercisable immediately before that day by all court except the Supreme Court or a High Court. In terms of Section 34 of the Armed Forces Tribunal Act, 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 the said Act shall stand transferred on the date of constitution of the Tribunal.
The learned Assistant Solicitor General submits that the Tribunal has been constituted by a notification issued by the Central Government on 7.8.2009. Therefore, he submits that this writ petition being a proceeding pending in this Court deserves to be transferred to the Southern Regional Bench at Chennai, under Section 34 of Armed Forces Tribunal Act (Act 55 of 2007). The Registry is directed to transmit the entire case record to the officer-in-charge of the Southern Regional Bench of the Armed Forces Tribunal, Chennai. The Registry shall also communicate a copy of this order to the writ petitioner at the address furnished by her, as the counsel engaged by her has not been prosecuting the case. _______________________________ NOOTY RAMAMOHANA RAO,J
12.11.2009. krb. THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO Writ Petition No. 25763 of 2002. Dated this the 12th day of November 2009
Precedent status how later indexed judgments have treated this case
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