Court : Armed forces Tribunal AFT Regional Bench Kochi
LT. GEN. Thomas Mathew, Member (A) 1. The petitioner had served in the Army for four years and was thereafter, dismissed by a summary Court Martial conducted by the respondent. Aggrieved by his dismissal, the applicant filed Writ Petition (W.P.No.2813 of 2010 (S)) before the Hon'ble High Court of Karnataka which has now been transferred to this Tribunal. 2. The petitioner, who enrolled in Madras Engineering Group (MEG), was serving with his unit 6 Engineer Regiment at Rajasthan when he was granted 15 days casual leave on 24.6.2002 to attend to his ailing mother. Due to the serious condition of his mother he did not rejoin his unit in time and overstayed his leave. He had sent a telegram to his unit to that effect and later he tried to rejoin but was not permitted. On 27.10.2003, he surrendered to Korategera Police Station who handed him over to the MEG and Centre. On 28.1.2004, he was tried under Army Act, section 39 (b) and was found guilty of the charge, by the Summary Court Martial ...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
Shri Kant Tripathi, Member (J) 1. Heard Adv.T.R.Jagadeesh for the applicant and Mr.K..M.Jamaludheen for the respondents and perused the record. 2. This is an application filed under Section 14 of the Armed Forces Tribunal Act 2007 for disability element of pension. 3. The applicant joined the Indian Army on 21st November, 1986 and was discharged therefrom on 1st July 2002, on account of being in low permanent medical category (permanent). The counsel for the applicant informed that the applicant is already in receipt of service pension in accordance with the rules. 4. The applicant sustained an injury on 21st June, 1999. Consequently, a court inquiry was held, which found that the applicant was on leave cum posting while he sustained the injury. He was accordingly referred to a Medical Board. It is also significant to mention that the applicant had sustained the aforesaid injury as the fracture of Tibia Fibula (right). The disability was assessed at 15-19% for life by the Medical Board...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
Shrikant Tripathi, Member (J) 1. The applicant Captain C. Stanley John initially filed W.P.No.18561 of 2009 in the Honourable High Court of Kerala at Ernakulam for quashing the orders contained in Exts.P8, P10, P12, P13 and P18 and further claimed that his pension be directed to be refixed treating his total qualifying service as 30.5 years. He lastly claimed the relief that his 43% pension be restored according to Ext.P20. Interest has also been claimed. 2. On establishment of this Tribunal, the writ petition was transferred to the Tribunal and has been registered as T.A.No.122 of 2009. 3. The applicant was inducted in the Indian Navy as an Artificer Apprentice on 23rd January 1948 and on completion of the apprenticeship he was appointed as Engine Room Artificer on 9th August 1952 and rendered service as such upto 16th February, 1957. He was however commissioned as Sub Lieutenant with effect from 17th February 1957. The applicant got due promotions and rose upto the rank of Captain (e...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
Shri Kant Tripathi, Member (J) 1. All these thirteen matters pertain to dual family pension, therefore, with the consent of the learned counsel for the parties, they were heard together and are being disposed of by this common order. 2. Heard the counsel for the applicants and the respondents and perused the record. Before proceeding to examine the rival contentions, it seems to be just and expedient to look into the facts of each case. Army matters: (i) O.A.No.82 of 2011 : The applicant, K.P.Komalavally, is the widow of late M.Balakrishnan Nair, who served the Indian Army as Sepoy. After discharge from the Army he was re-employed in the State Bank of Travancore. He was in receipt of military pension as well as Bank Pension till the date of his death. The applicant is admittedly being paid family pension by the State Bank of Travancore and there is no dispute to this extent. She had claimed military family pension in addition to Bank Family Pension which was denied by the respondents o...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
Shri Kant Tripathi, Member (J) 1. The applicant, M.Even, had filed Writ Petition No.15381 of 2007 in the Hon'ble High Court of Karnataka for a writ of mandamus directing the respondents to add his past service as Safaiwala from 21.3.1979 to 21.3.1994 to his second spell of service as Safaiwala and sanction him pension with effect from the due date. A prayer for quashing the order dated 19.3.2007 (Annexure G) passed by the first respondent has also been made. 2. The aforesaid Writ Petition has been received in this Tribunal under Section 34 of the Armed Forces Tribunal Act and has been re-numbered as T.A.No.229 of 2010. 3. Most of the facts are not disputed. The applicant, M.Even, had two spells of service as Safaiwala in 115 Infantry Battalian, Territorial Army, Mahar Fort, Belgaum. He joined the first spell of service on 21st March 1979 and was discharged therefrom on 31.3.1994 on completion of terms of engagement (Annexure A Discharge Certificate). During the initial engagement of 1...
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