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High Court of Jammu and Kashmir · body

2025 DAILYLAW 8433 (JK)

GHULAM MOHAMMAD LONE v. UNION OF INDIA AND ANR. (DEFENCE)

WP(C)/1754/2025 · 2025-07-25

Vinod Chatterji Koul

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

S. No. 114 Suppl. Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 1754/2025 Ghulam Mohammad Lone …Appellant/Petitioner(s) Through: Mr. Wani Manzoor, Advocate Vs. Union of India and Anr. ...Respondent(s) Through: Mr. T.M.Shamsi, DSGI with Ms. Shugufta Maqbool, Advocate CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE O R D E R 25.07.2025 Petitioner had been working in Indian Army (Territorial Army). He seeks a direction in the name of respondents not to deduct any amount from the family pension of petitioner and enhance his family pension in view of increasing prices of daily commodities. Section 34 of the Armed Forces Tribunal Act provides for transfer of pending cases, which includes suits, 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 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. Subsection (2) of Section 34 of the Act provides that where any suit or other proceeding stands transferred from any Court including a High Court or other authority to the Tribunal under Subsection (1) of Section 34 of the Act, 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; and 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 Subsection (2) of Section 14 from the stage which was reached before such transfer or from any earlier stage or de novo as the Tribunal may deem fit. Instant writ petition is covered under Section 34 of the Act and in view of mandate contained therein, is required to be transferred to the Tribunal. Accordingly, it is directed that instant writ petition be transferred to the Armed Forces Tribunal Bench at Jammu after retaining xerox copy thereof. List on 29.08.2025. (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 25.07.2025 Shabroz