Saturday, September 22, 2012

HC refers service matters of armed forces to AFT

Saturday, September 22, 2012, Chandigarh, India
Saurabh Malik/TNS Chandigarh, September 21, 2012
The Punjab and Haryana High Court, by passing a single order, has referred “all service matters concerning members of the armed forces” to the Armed Forces Tribunal (AFT). The “matters” involve pension and other retirement benefits pending before the HC.
The significance of the order can be gauged from the fact that the HC has disposed of, through the order, nothing less than 31 writ petitions filed by Army personnel “pertaining to the disability pension, dismissal from service, etc.”
The bunch comprised writ petitions against the orders passed by the CAT and Regular Second Appeals against the judgments and decrees of the courts below.
Taking up the petitions by Naik Prem Singh and other petitioners against the Union of India and other respondents, a Division Bench of the HC asserted the petitions pertaining to the disability pension, dismissal from service, etc. of Army personnel fell within the definition of “service matters” as defined in Section 3(O) of the Armed Forces Tribunal Act, 2007.
The bench added: “At the outset, counsel for the respondents have raised a preliminary objection by placing reliance on Section 34 read with Section 14 and 3(O) of the Act. A conjoint reading of these Sections would show that all service matters concerning the members of Armed Forces, involving pension and other retiral benefits, pending before this court are required to be transferred to the AFT, Chandigarh Bench, which is constituted for this jurisdiction”.
HC refers service matters of armed forces to AFT

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