Court : Punjab and Haryana
..... regarding jurisdiction of the high court to adjudicate upon a writ petition under articles 226/227 of the constitution of india against an order passed by the armed forces tribunal under the armed forces tribunal act, 2007. it is submitted that in view of articles 136 (2) and 227 (4).besides, article 33 of the constitution of india as well ..... inter alia observed as follows:- we are conscious of the fact that the statutory appeal against such an order is provided under section 30 of the armed forces tribunal act, 2007 ( for short 'the act').however, having regard to the constitution bench judgment of the supreme court in the case of l. chandra kumar etc.v.the union of india ..... as section 13 of the armed forces tribunal act 2007, this court would have no jurisdiction to entertain the petition. on merits it is submitted that the petitioner during his service was awarded five red ink .....
Tag this Judgment!Court : Punjab and Haryana
..... for disability element of pension. we are conscious of the fact that the statutory appeal against such an order is provided under section 30 of the armed forces tribunal act, 2007 (for short the act ).however, having regard to the constitution bench judgment of the supreme court in the case of l. chandra kumar etc.versus the union of india ..... and strain referring to some provisions which we have taken note of above. as a result, impugned order of the tribunal is hereby set aside. consequently o.a.filed by the petitioner before the armed forces tribunal is allowed. however, since the petitioner was boarded out of service in the year 1986 but he approached the court ..... denied and it is this element of pension which he claimed by filing o.a.before the armed forces tribunal, chandigarh, regional bench (for short the tribunal ).this o.a.cwp no.6927 of 2011 -3- is dismissed by the learned tribunal vide its short order dated 14.1.2011 and the entire reasoning is contained in the following passage .....
Tag this Judgment!Court : Punjab and Haryana
..... of this document punjab and haryana high court, chandigarh cwp no.9175 of 2013 - 2- ordered by the learned tribunal in view of provisions of section 16 of the armed forces tribunal act, 2007. the order of the learned tribunal has been assailed to the limited extent that re-trial of the petitioner had been ordered. heard learned counsel for the ..... the interests of justice require that an order under this section should be made .a perusal sub section (2) of section 16 of the armed forces tribunal act shows that the learned tribunal has the power of quashing a conviction, to make an order authorizing the appellant to be re-tried by court-martial, but shall only ..... from the stage the default was detected. besides, rule 16 (2) of the armed forces tribunal act, 2007 provides for re-trial where it appears to the tribunal that the interests of justice requires. this has specifically been recorded in the order of the learned tribunal, which is subject matter of the sunder sham 2013.10.05 11:48 i .....
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..... . ms.kamla malik, advocate, for the respondents. hemant gupta, j. challenge in the present writ petition is to an order passed by the armed forces tribunal, chandigarh regional bench at chandimandir (for short the tribunal ) on 27.01.2014, whereby an original application filed by the petitioner for quashing the orders dated 15.11.2006 and 24.12.2002 rejecting ..... lis, as any claim for money could be lodged only within three years from the date right to recovery arises in terms of article 137 of the limitation act, 1963. therefore, we find that the claim of disability pension cannot be declined for the reason that it was not raised within three years of discharge from the ..... 7428 of 2014 4 petitioner shall be entitled to arrears of pension for a period of three years prior to the initiation of proceedings before the armed forces tribunal. (hemant gupta) judge2307.2014 (ajay tewari) vimal judge kumar vimal 2014.07.31 15:36 i attest to the accuracy and integrity of this document chandigarh
Tag this Judgment!Court : Punjab and Haryana
..... (supra) and the principles of judicial review settled by the supreme court, we find that the process of judicial review exercised by this court or armed forces tribunal in terms of armed forces tribunal act, 2007 is not an appellate jurisdiction. it is a jurisdiction of judicial review so as to ensure that the authorities remain within the confines of ..... attributable nor aggravated to military service and after assessing 20% disability. the claim of the petitioner in respect of disability pension has remained unsuccessful before the armed forces tribunal. the report of the invalidating medical board is available on record as annexure a-1. in part iii, the board has opined that the disability is ..... of the writ petitions claiming disability pension would be taken up for hearing in the light of the decision on the following issues:1. whether the armed forces tribunal or writ court in exercise of power of judicial review can re-examine the report of release kumar vimal 2014.05.14 14:06 i attest to .....
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..... . through the march of time and various reports of numerous committees and commissions, including the law commission, the idea culminated into the formation of the aft through the armed forces tribunal act, 2007 (for short the act ). the cardinal principle behind all such reports and observations of the courts and also the statement of objects and reasons was singular, that is, independence . cwp no.10751 ..... as the parent ministry as is the case at present, in line with the directions of the hon ble supreme court in union of india vs. r. gandhi since the armed forces tribunal act, 2007, nowhere grants power to the ministry of defence to take over the rule making powers, authority, functioning, appointments, infrastructure, manpower or administrative support of the .....
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..... challenge in the present writ petition is to an order passed by the armed forces tribunal, chandigarh regional bench at chandimandir (for short the tribunal ) on 12.03.2013, whereby an original application filed by the petitioner under section 14 of the armed forces tribunal act, 2007 claiming arrears of pension from 01.01.1986 to 31.12.1995 ..... .and personnel below officer rank (including ncs (e) of the three services, defence security corps and the territorial army) (hereinafter collectively referred to as armed forces personnel).1.1 the provisions of the pension regulations of the three services and various instructions / govt. orders.which are not affected by the provisions of ..... ) dated 30th october, 1987 sub.: implementation of the govt. decisions on the recommendations of the fourth central pay commission regarding pensionary benefits for the armed forces officers and personnel below officer rank retiring or dying in harness on or after 01.01.1986. sir, kumar vimal 2014.07.28 16:53 .....
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..... of the writ petition, the armed forces tribunal act, 2007 came into effect. in terms of section 34 of the said act, all cases relating to the service matters of armed forces personnel were transferred to the learned armed forces tribunal. the present case was also transferred to the learned armed forces tribunal, chandigarh bench at chandimandir ('tribunal'- for short).the writ petition ..... a counsel and was confident that his interest would be looked after by his counsel. however, the case came to be transferred to the armed forces tribunal from this court. the counsel engaged by the petitioner had been elevated to the bench of this court. the petitioner himself left his regiment ..... the petitioner was dismissed for want of prosecution vide order dated 19.10.2010 passed by the learned tribunal. the petitioner then filed an application before the learned tribunal under rule 18 of the armed forces tribunal rules, 2008 read with order xlvii rule 1 of the code of civil procedure for recalling the .....
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..... 16th october, 2004. the minutes of the said meetings were attached with the written statement. after the commencement of armed forces tribunal act, 2007 the matter was transferred to the tribunal. the armed forces tribunal declined the claim of the petitioner inter alia for the reason that the track record of the petitioner was clean ..... departmental promotion committee's meetings, the petitioner cannot claim promotion on the basis of seniority. it may be further noticed that courts including armed forces tribunal examines the decision making process and not the decision itself. since the decision making process is based upon instructions contained in circular dated 10th ..... , advocate for the respondents. hemant gupta, j. the challenge in the present writ petition is to order dated 4th december, 2012 passed by armed forces tribunal, chandigarh regional bench at chandimandir, whereby, claim of the petitioner for promotion to the rank of subedar major was dismissed. the petitioner joined indian .....
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..... petition bearing cwp no.3643 of 1994 before this court claiming disability pension. however, the same was transferred to the tribunal on the commencement of the armed forces tribunal act, 2007. the tribunal declined the claim of the petitioner for the reason that the geographical location of the place of posting and the nature ..... of duties do not indicate any circumstances, which may either had the effect of development of the ailment attributable to or aggravated by military service. the tribunal ..... , advocate, for the respondents. hemant gupta, j. challenge in the present writ petition is to an order passed by the armed forces tribunal, chandigarh regional bench at chandimandir (for short the tribunal ) on 25.05.2010 declining the claim of the petitioner for grant of disability pension. the petitioner joined indian army on .....
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