Court : Armed forces Tribunal AFT Regional Bench Kochi
Shri Kant Tripathi, Member (J): 1. By this Original Application under Section 14 of the Armed Forces Tribunal Act, 2007, the applicant has impugned his premature discharge from the Army and thereby claimed that he shall be deemed to have continued in the service of the Army up to 31.12.1985, being the date of superannuation in the normal course, and accordingly prayed for backwages, allowances etc. up to the said date. He has further prayed for another direction to the respondents to grant financial upgradation of pay scale in the rank of Naib Subedar on his completion of 24 years of service and to re-fix his pay, terminal benefits including pension, etc., accordingly. He has lastly prayed that respondents be directed to appoint him as a civilian to a post to which he could be deputed while in service as per Annexure A1. Alternatively, he has prayed for a direction to the respondents to pay a compensation of Rupees Twenty Lakhs. 2. The applicant, Harikumar. R, Service No.14577221 L, jo...
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Shrikant Tripathi, Member (J): 1. Heard Mr.M.V.Thamban for the applicant and Mr.K.M.Jamaludheen, Senior Panel Counsel for the respondents and perused the record. 2. The applicant Christopher Montho, Ex Corporal No.269860 has claimed reservist pension in terms of regulation 136 of the Pension Regulations for the Air Force, 1961. It is not in dispute that the applicant was enrolled in the Air Force on 5th June 1964 and was released on 30th June 1977 from the colour service and was thereafter retained for two years from 1st July 1977 to 30th June 1979 as reservist. He was ultimately discharged from the Air Force with effect from 30th June 1979. In this way, the applicant had rendered admittedly 15 years 25 days of service, but was denied pension. He was merely paid D.C.R.G amounting to Rs.2665/- and service gratuity amounting to Rs.4407.50 at the time of discharge. The applicant made several representations claiming pension but was denied on the one pretext or the other. Now the stand of ...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
Shri Kant Tripathi, Member (J): 1. Heard Mr.N.D. Joy for the applicant and Mr.S.Krishnamoorthy for the respondents and perused the record. 2. The applicant filed Writ Petition (C) No.30996 of 2006 in the High Court of Kerala at Ernakulam for a writ of mandamus commanding the respondents to grant all pensionary benefits to the applicant and also prayed for issue of a writ of certiorari for quashing the order, Ext.P1. Before the matter was taken up by the Honourable High Court, the Armed Forces Tribunal Act 2007 came into operation, therefore, Writ Petition was transferred to the Tribunal in terms of Section 34 of the aforesaid Act and has been registered here as T.A.No.49 of 2010. 3. The applicant, K.Prabhakara Panicker, No.1347767 M, joined the Indian Army on 31st January 1967 in the Madras Engineer Group (M.E.G.), Bangalore. He applied for premature retirement on 8.3.1983, but it was not accepted. So he absented from duty without any proper leave. A Court of Inquiry was, therefore, he...
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Lt.Gen. Thomas Mathew, Member (A): 1. The applicant is the widow of an Ex-Airman who was invalided out of service in 1958. She is aggrieved by the denial of pensionary benefits and has filed this application before this Tribunal. 2. The late husband of the applicant had served in the Indian Air Force during the World War II and was medically boarded out on 25.5.1958 after serving for 14 years, 6 months and 3 days. His disability pension claim was rejected by the Pension Sanctioning Authority on the ground that the invaliding disease `Depression' was neither attributable to, nor aggravated by the service. 3. The applicant has averred that the respondent had ignored the fact that her late husband had been through the stress and strain of war and without applying their mind had denied him disability pension. In 1989 and again in 2003, the applicant's late husband had approached the authorities to condone the deficiency of six months qualifying service for pension, but the same was rejecte...
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Shrikant Tripathi, Member (J): 1. The applicant Abdul Aziz Kutty who retired as a Captain from the Indian Army on 20th November 1982 on his own request, has filed the instant Original Application for a direction to the respondents to sanction and disburse him service pension and pay the arrears with 18% interest per annum. 2. The applicant joined the Indian Army as a Sepoy on 20th March 1963. On 18th April 1967 while serving as a Lance Naik, he was selected for commissioning and was sent for training at various places including the Indian Military Academy. The applicant was ultimately commissioned on 13th June 1971 and served as a Commissioned Officer till the date of release from the service on 20th November 1982. At the time of release, the applicant was holding the rank of Captain. It is also significant to mention that the applicant had served 8 years 77 days as a PBOR and 11 years 160 days as a Commissioned Officer and as such his total length of service was 19 years 236 days. The...
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Shrikant Tripathi, Member (J): 1. Heard Mr. T.R.Jagadeesh for the applicant and Mr.P.J.Philip for the respondents and perused the record. 2. This is a petition for disability pension to the extent of 30% from the date of discharge of the applicant. 3. The applicant, Ex Signalman Shailesh Kumar C.S. (No.15368677 P), served the Indian Army as a Sepoy. He was suffering from Asthmatic Bronchitis, so he requested for premature discharge. On the basis of the request, he was referred to a Medical Board which opined that the applicant had disability of 30%. The Medical Board further noted the fact that the disease was aggravated by adverse climate conditions during military service. 4. The learned counsel for the applicant submitted that the aforesaid disability was sustained by the applicant due to hard conditions of the military service, therefore, it was aggravated by the military service and as such the applicant was entitled to disability pension. 5. It may not be out of context to mentio...
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V. Periya Karuppiah, Member (J): 1. The applicant is presently working as Major in Command Hospital Air Force, Bangalore. He married the 6th respondent on 28.4.2005 at Faridabad, Haryana in accordance with the Hindu rites and ceremonies. Both of them lived together and out of the wedlock a boy-child, namely Devanshu Kumar Thakur was born on 9.2.2008. After sometime disputes arose in between the applicant and the 6th respondent and the same has led to the filing of petition by the 6th respondent before the Family Court, Mumbai at Bandra in Petition No.A 704 of 2010 seeking divorce from the applicant and she also claimed maintenance towards permanent alimony for a sum of Rupees Fifty Lakhs. The said petition was filed during March/April 2010 after she filed a complaint before the first respondent for grant of maintenance. The first respondent also passed an order as attached in Annexure A1, for deduction of 22% for the 6th respondent and 5.5% for the minor son, Master Devanshu Kumar Thak...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
V. Periya Karuppiah, Member (J): 1. The applicant, who is a retired Havildar from the Indian Army, had originally joined in the Army as a sepoy on 4.12.1965. After undergoing necessary training, he was posted in various places for discharging his duty as a sepoy. After he was promoted as Havildar, he had undergone a routine medical check up, in which the blood pressure was found abnormal and was diagnosed suffering from Ischemic Heart Disease and Essential Hyper Tension by the Medical Officer and was admitted at Base Hospital, Jallandhar Cantonment. He was also downgraded to medical category 'CEE' for six months and the low medical category continued till his final discharge from the Army service. Finally, he was brought before the Release Medical Board at INHS, Ashwani on 23rd March, 1987 and he was assessed with Invaliding Diseases viz., Ischemic Heart Disease (ICD 410) and Essential Hypter Tension (ICD 401) and was adjudged medical category 'CEE' (Permanent). The applicant was disch...
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