Court : Armed forces Tribunal AFT Regional Bench Chennai
..... till today to see the following order in his favour. the said writ petition has been transferred to this regional bench of armed forces tribunal in accordance with section 34 of the armed forces tribunal act, 2007 and reassigned t.a.no.91 of 2009. 3. the short facts as narrated in the affidavit to the petition sans ..... even the respondents have failed to sanction the contributory monetary benefits under the ex-servicemen contributory health scheme. the petitioner had approached the honourable central administrative tribunal, which had returned the petition for want of jurisdiction. hence, challenging the orders of the third respondent vide letter no.6984/t-v/sp dated ..... the desirability of sanctioning the application and the strength of the unit will not thereby be unduly reduced. absolutely there is no material placed before this tribunal to show that the petitioner was discharged on his own request before fulfilling the conditions of his enrolment. under such circumstances, we are of the .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... in this application, has filed w.p.no.4852 of 2008 before the honourable high court, madras, which has subsequently been transferred to this tribunal, after the formation of armed forces tribunal under armed forces tribunal act 2007 and renumbered as t.a.no.27 of 2009. 2. this is an unfortunate case in which the applicant has been suffering from hiv ..... section (2) of section 47 of the persons with disabilities (equal opportunities, protections of rights and full participation) act, 1995, issued by central government exempting all categories of posts of combatant personnel of the armed forces from the provisions of the section is held to be violative of article 14, 21 of the constitution of india ..... any alternative provisions for nearly 25 lacs combatant personnel of the three armed forces of the union of india, has not only violated the provisions of act no.1 of 1996 in letter and spirit but has also arbitrarily denied the benefits of the act as also the benefits of army order no.46 of 1980, .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... of havildar prior to 1.1.2006 and was conferred with the rank of honorary naib subedar on his retirement. he has filed this application under section 14 of the armed forces tribunal act, 2007 for the grant of pension on the rank of naib subedar with effect from 1.1.2006. 4. today, we have passed an order in the case of chellasamy ..... is also a pre-1.1.2006 retiree in havildar rank and was conferred with honorary naib subedar at the time of his retirement. the principles laid down by the armed forces tribunal, chandigarh in the case virender singh and ors vs. union of india and ors in o.a.no.42 of 2010 and the judgment rendered by the kochi bench in ..... pay commission and the order of the government of india mod in its letter dated 12.06.2009. since this case is squarely covered by the said judgments of this tribunal, the only question we have to decide in this application would be whether this applicant is also a retired havildar prior to 1.1.2006 and was conferred with the .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... have arrived at that conclusion. 17. while the above decision is relevant, we find that under the provisions of section 15 of armed forces tribunal act, 2007, the tribunal is adequately empowered to interfere in matters relating to court martial. section 15 of armed forces tribunal act, 2007 reads, section 15. jurisdiction powers and authority in matters of appeal against court martial: (1) save as otherwise expressly provided in ..... this act, the tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable under this act in relation to appeal against any order, decision, finding .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... approached the honourable madurai bench of madras high court, claiming disability pension by way of filing w.p.no.10859 of 2007, which was transferred to this tribunal after the constitution of this tribunal, under the armed forces tribunal act 2007 and renumbered as t.a.no.15 of 2010. 2. the short facts of the case of the petitioner in the affidavit to the petition ..... (order of the tribunal made by justice aca adityan) 1. the petitioner, who is having two opinions of the medical board to his credit one in favour of him and another against the interest .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... of 16.08.2004 seeking sanction of disability pension (including service pension) to the petitioner, which has subsequently been transferred to this tribunal after the formation of the armed forces tribunal under the armed forces tribunal act, 2007 and re-numbered as ta no.92 of 2009. 2. the petitioners affidavit to the petition briefly runs as follows : 2 ..... of the petitioner is neither attributable to nor aggravated by military service and hence the petitioner is not eligible for grant of disability pension. (the tribunal examined the original invaliding medical board proceedings afmsf-16 held at military hospital, kamptee wherein the petitioner was diagnosed with epilepsy 395 in the opinion of ..... neither attributable to nor aggravated by military service and hence it is not connected with service. 5(a) there is no material placed before this tribunal on the side of the petitioner to take a contrary view of the invalid medical board opinion (afmsf-16). we are of the considered view that .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... date due till the date of payment and for costs. the said writ petition was transferred to this tribunal, after the formation of the same under the armed forces tribunal act 2007, and renumbered as t.a.no.49 of 2009. 2. the averments in the affidavit to ..... with the counter of respondents 3, 4 and 6. but, there is absolutely no iota of evidence or material produced before this tribunal to show that the petitioner opted for army service pension as per rule 19(a) of ccs (pension) rules 1972, referred to ..... pension till the same was stopped on 03.10.2000 (as per the xerox copy of the ppo produced before this tribunal). a perusal of the copy of the ppo produced by the petitioner will go to show that he was drawing service ..... from reserve service with effect from 01.10.1961. thereafter, the petitioner was reemployed in border roads organization (general reserve engineer force) on 25.10.1960. he had proceeded on superannuation retirement with effect from 04.06.1983 after noon. the position regarding .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... s.pattabhiraman the petitioners wife had filed w.p.no.1949 of 2001 before the honourable high court of madras, which has subsequently been transferred to this tribunal, after the formation of armed forces tribunal under armed forces tribunal act 2007 and renumbered as t.a.no.12 of 2009. 2. the petitioner in the affidavit to the petition would state as follows:- 2(a) ..... of resurvey medical board is to be made within a period of 10 years from the date of discharge. however, there is no material placed before this tribunal to show that the petitioner has made any such appeal for constitution of resurvey medical board within a period of 10 years from the date of his discharge ..... request for the resurvey of medical board through his wife after a lapse of 14 years from the date of his invalidment. there is no material before this tribunal to show that the petitioner has made such a request prior to filing of the writ petition in 2004. further, the allegation of the petitioner that the medical .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... the date of discharge with future interest at 18% per annum by way of a writ. after the constitution of this armed forces tribunal under the armed forces tribunal act 2007, the said writ petition was transferred to this tribunal and renumbered as t.a.no.45 of 2009. 2. the averments in the affidavit to the petition in brief relevant ..... is that the petitioner was classified under medical category bee (perm) and not under medical category eee (perm.). there is absolutely no material placed before this tribunal to show why the commanding officer has not recommended the petitioner, who was suffering form aorto arteriritis, an opportunity to serve in sheltered appointment available to him ..... the army rule 13(3)(iii)(v) reads as follows: 13(3).authorities empowered to authorised discharge table there is absolutely no material placed before this tribunal to show as to the above provison of law, a show cause notice was offered to the petitioner before his discharge by the officer who ordered the .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... court of madras for redressal of his grievance by filing wp no.12846 of 2007, which has subsequently been transferred to this tribunal, after the constitution of the tribunal under the armed forces tribunal act, 2007 and the same has been renumbered as t.a.24/2009. 2. the affidavit to the petition filed by the petitioner ..... reads as follows:- the petitioner was recruited in the army with sr.no.15300549y on 30.09.1985 and underwent training in bangalore. training included handling of small arms ..... this military training, the petitioner was suffering from a constitutional disorder and was brought before the invaliding medical board on 24.09.1986 at command hospital (air force), bangalore. the medical board recommended him to be invalided out of service in medical category eee with 20 % disability for two years due to diagnosis neurosis .....
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