Court : Armed forces Tribunal AFT Regional Bench Chennai
..... apex court of india. in this context, we would like to refer that central administrative tribunal cannot be compared with that of the armed forces tribunal constituted under armed forces tribunal act 2007 (act 55 of 2007). the preamble to the armed forces tribunal act 2007 reads as follows:- an act to provide for the adjudication or trial by armed forces tribunal of disputes and complaints with respect to commission, appointments, enrolment and conditions of service in ..... respect of persons subject to the army act, 1950, the navy act, 1957 and the air force act, 1950 and also to .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... of 2010 and thereafter, on his petition, the same was transferred from regional bench at lucknow to this regional bench at chennai under section 27 of the armed forces tribunal act 2007 by the honourable chairperson of armed forces tribunal, regional bench at chennai. 2. before the court of inquiry 18 witnesses were examined out of them 11th, 17th , 9th , 2nd, 20th, 13th, ..... accused has preferred a writ petition no.3921 of 1996 before the madhyra pradesh high court, which was transferred to armed forces tribunal, regional bench at lucknow and thereafter, transferred, from there to this tribunal under section 27 of the armed forces tribunal act, 2007. 24. we heard the learned counsel mr.v.venkatadri appearing for the applicant and the learned senior panel ..... by justice aca adityan) 1. this application has been transferred from the armed forces tribunal, regional bench at lucknow, by the principal bench, new delhi and reassigned t.a.no.200 of 2010. originally the applicant had challenged the .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... to armed forces tribunal, regional bench at lucknow, under section 34(2) of the armed forces tribunal act, 2007 and renumbered as t.a.no.898 of 2010 before the armed forces tribunal, regional bench at lucknow. thereafter, on petition by the applicant, from the armed forces tribunal, principal bench at new delhi, the same was transferred to this armed forces tribunal, regional bench, chennai on the point of jurisdiction under section 27 of the armed forces tribunal act 2007 ..... the applicant has not exhausted the statutory remedy available to him under section 164(2), after the armed forces tribunal act 2007 came into force, the appeal power against the verdict of the dcm and all court martials have been vested with this tribunal under section 15 of the armed forces tribunal act 2007. under such circumstances, we hold that the impugned order of dcm against the applicant/appellant is .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... of service to the petitioner for three years, from july, 2003 to july, 2006 as unjust. on transfer to the chennai regional bench of the armed forces tribunal, in accordance with section 34 (2) of the armed forces tribunal act, 2007, the same has been re-numbered as ta no.153/2010. 2. the short facts of the petition to the affidavit sans irrelevant particulars ..... orally applied for leave to appeal. but, we consider the case as not a fit one to be granted leave to appeal as per section 31 (1) of the armed forces tribunal act, 2007, since there is no point of law of general public importance involved in this petition. (iv) no costs. ..... counsel assisted by lt col sandeep kumar, legal officer, atnkandk area hq and sqn ldr p m ilamurugu(27305-g), adjutant of air force station, tambaram (who has brought the confidential documents for perusal of the tribunal) and considered their submissions. we have also perused the remark of d int on page no.1 of the application for extension of engagement .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... justice aca adityan) 1. this application has been transferred from the principal bench under section 27 of the armed forces tribunal act 2007. 2. the applicant, who was discharged from service on 31.08.1992 under army act section 13(3) i(i)(a), after getting the release of service pension and disability element of pension, ..... pay, military service pay, x group pay where applicable in the revised pay structure introduced from 01.01.2006 corresponding to the pre-revised scale held by the armed forces personnel at the time of retirement / discharge / invalidment for 100% disability. 8(d) at this juncture, concurring with the order, the learned member (administrative) ..... , ministry of defence, letter no.1(2)/97/d (pen-c), dated 31st january 2001, rounding off rates of disability pension are applicable for armed forces personnel who were invalided out from service, thereby the personnel discharged from service on medical grounds before completion of service tenure are entitled for rounding off .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... filed these petitions before the honourable high court of andhra pradesh, which have subsequently been transferred to this regional bench of the armed forces tribunal under section 34(2) of the armed forces tribunal act, 2007. 9. the respondents 1 to 3 in their common counter would contend that the petitioner in t.a.no.128 ..... order no.1(3)/98 d (pen / services), dated 27.05.1998. this tribunal has been specifically barred from exercising the power under articles 226 and 227 of the constitution of india under section 14 of the armed forces tribunal act, 2007. under such circumstances, even though the petitioners have filed these petitions under article ..... 226 of the constitution of india before the honourable high court of andhra pradesh, this tribunal cannot exercise the power conferred under article 226 of the .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... way of filing w.p.no.15284 of 2009 and the same after the constitution of the regional bench of the armed forces tribunal at chennai was transferred to this tribunal under section 34(2) of the armed forces tribunal act 2007 and renumbered as t.a.no.182 of 2010. 2. the facts in brief as narrated in the affidavit ..... at king george hospital at visakhapatnam and their report/opinion does not merit any consideration. the strict standards of medical fitness are mandatory for service in the armed forces and these medical standards are common to all recruits. this disability may not affect civil employment and therefore a certificate to that effect was issued to the ..... would have existed even before the petitioner entering into service. the learned counsel appearing for the petitioner at this juncture would bring to the notice of this tribunal the clear admission made by the respondents in their counter at para-1, wherein the admission part of the respondents runs as follows:- the petitioner appeared .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... to be dismissed at the threshold on the ground that the petition is not maintainable, after the constitution of the armed forces tribunal under the armed forces tribunal act, 2007, this tribunal is having the appellate power against the verdict of the court martial under section 15 of the armed forces tribunal act, 2007. hence, the contention of the respondents that since the petitioner has not exhausted the remedy available under the ..... filing w.p.no.17429 of 2000 before the high court of judicature at madras and after the constitution of the armed forces tribunal, regional bench at chennai, the said writ petition has been transferred to this tribunal under section 34(2) of the armed forces tribunal act, 2007. 2. the affidavit to the petition filed by the petitioner reads as follows:- the petitioner has enrolled as a .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... 16, and praying grant of disability pension. after the constitution of the regional bench at chennai, the said writ petition was transferred to this tribunal under section 34(2) of the armed forces tribunal act, 2007, and renumbered as t.a.no.196 of 2010. 2. the short facts relevant for the purpose of deciding this petition sans ..... irrelevant particulars as narrated in the affidavit to the petition run as follows:- the petitioner had joined as airman in the indian air force in the year 1982 ..... 4. we heard the learned senior panel counsel for central government and mwo rk shukla, legal cell, 23 ed air force, appearing for the respondents and the petitioner, who is present before this tribunal and argued his case, and considered their respective submissions. on the side of the respondents, the original invaliding medical board proceedings .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... the first respondent vide order no.pn/0134/38/ihq(n)/dpa, dated 28.02.2003. the said writ petition was transferred to this armed forces tribunal, regional bench at chennai under section 34 of the armed forces tribunal act 2007 and the same was renumbered as t.a.no.3 of 2011. 2. the applicant has filed an application m.a.no.52 ..... of 2011 for amending the prayer so as to incorporate an alternative relief of providing any other suitable post as per section 47 of the persons with disabilities (equal opportunities, protection of rights and full participation) act ..... the same as that of the one at the time when he was discharged from service. 7(b) so, in this regard, now the question is whether the tribunal is bound by the invaliding medical boards opinion dated 04.02.2000 or the second appeal medical boards opinion dated 23.12.2005? in this connection it is relevant .....
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