UNION OF INDIA AND ORS. Vs. ARMED FORCES TRIBUNAL REGIONAL BENCH AND ORS.
LAWS(ALL)-2016-4-83
HIGH COURT OF ALLAHABAD
Decided on April 25,2016

Union of India and Ors. Appellant
VERSUS
Armed Forces Tribunal Regional Bench And Ors. Respondents

JUDGEMENT

Rajan Roy, J. - (1.) Heard.
(2.) This is a writ petition filed by the Union of India challenging the impugned order dated 28.10.2015 (Annexure -1 to the writ petition) passed by the Armed Forces Tribunal, Regional Bench, Lucknow in Original Application No. 215 of 2012, N.K. Singh v/s. Union of India & ors., whereby the Tribunal has held the said original application to be maintainable before it under the Armed Forces Tribunal Act 2007 (hereinafter referred as 'Act of 2007').
(3.) The challenge is on the ground that the respondent was a trainee in the Indian Military Academy and, therefore, the dispute raised in the original application was not amenable to the jurisdiction of the Tribunal in view of the definition of "Service Matters" contained in Sec. 3 (o) of the Act of 2007 and a recent pronouncement by a division bench of this court dated 24.11.2015 rendered in Special Appeal No. 833 of 2015 (Annexure -5 to the writ petition).;


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