My client the State Bank of India has received Notice from the Hon'ble High Court in a writ perition filed by a pensioner. His pension case was decided in his favour under the Armed Forces Tribunal Act 2007. His pension processing was started by my client immediately that is on March 2012 writing to the Centralised Pension processing centre and awaiting orders from the appripriate higher authority for payment. But the said pensioner rush to the Hon'ble High Court and we received the Notice. Question  is, is it competent for the high Court to interfere? As per AFTA 2007 any appeal under the AFTA 2007 should be filed before the Supreme Court and as per Section 34 every suit or other proceedings pending before any court including High Court stand transfered to the AFTA. Is High Court proper in admitting the writ petitionunder Article 226? Thanking you all in advance.

I believe there is a recent judgment of a DB of the Delhi HC by HMJ Pradeep K Nandrajog where the HC relying on the decision of the apex court in L.Chandra's case has held that the AFT Act cannot oust the jurisdiction of the HC under Art 226/227.

In that case section 31 and 34 afta 07 will remain a dead letter. Can you kindly post the DB Delhi High court citation please?

Here it is.

Ashish, thank you very much indeed for posting the clasic observations of the Delhi high Court.

You are welcome, brother.