Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
..... ghanshyamprasad: this application has been filed under section 14/15 of the armed forces tribunal act, 2007 for grant of disability pension @ 50% disability after rounding off against 30% disability from the date of invalidation. the case of the petitioner in short is that he joined the air force service w.e.f. 04-04-1984 in a medically fit ..... hand the main objection of the learned counsel for the respondents is that the disability of the petitioner was held as not attributable to or aggravated by air force service, he is not entitled to grant of disability pension. his claim for disability pension was rightly rejected by the competent authority. however, the degree of ..... court and different high courts. it is further submitted by the learned counsel that the petitioner was found medically fit in all respects when he joined the air force service. at that time, no note with regard to the aforesaid disease was recorded in his medical history. in view of that and in accordance with entitlement .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Jaipur
..... 1. the applicant ex cpl c.l.kataria has filed this application under section 14 of the armed forces tribunal act, 2007 for setting aside the orders annexure/1 dated 22.5.2010, annexure/6 dated 24.2 ..... medical board. in this view of the matter, in our considered opinion, this case is squarely covered by the decision of this tribunal in samunder singhs case (supra), therefore, considering the opinion of the release medical board that disease/disabilities no.1 and 3 are ..... having aggravated by service. in support of his contention, the learned counsel for the applicant has placed reliance on a decision of this tribunal in lachhmansingh vs. uoi and ors. (t.a.no.206 of 2009, decided on 7.5.2010) and samunder singh vs. ..... him out of service, he was subjected to invaliding medical board, which found him medically unfit for further service in the indian air force. the invaliding medical board found that the applicant is suffering from the disabilities, i.e. diabetes mellitus with 100% disability for two .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... to undergo rigorous imprisonment for three months and dismissal from service. the writ petition was transferred to this tribunal after its formation and is being disposed of by this judgment, treating it as an appeal under section 15 of the armed forces tribunal act 2007. 2. the appellant joined the indian army in 1978 and was posted to the asc as an ..... the coas to convert the sentence of dismissal to discharge and it was advantageous to the appellant. lastly, considering the necessity of upholding the requirement of discipline in the armed forces, the sentence given by the scm was not shockingly disproportionate. the respondents also clarified that action had also been taken against the jco, nb sub raghu nath, who ..... the delhi high court in lnk gurdev singh v. union of india (w.p (c) no. 776 of 1995 dated 1.2.2008), which was followed by this tribunal in ex. nk. subhash chand v. union of india and others (t.a no. 723 of 2009 dated 27.4.2010). the observations made by delhi high court .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kolkata
sadhankumar gupta, member (judicial) 1. initially, the writ petition was filed before the honble orissa high court by the applicant. it was subsequently transferred to this tribunal, as per provisions of the armed forces tribunal act, 2007 and re-numbered as ta 194 of 2010. 2. the case of the applicant is that he entered into the military service on 7.3.87 and was discharging ..... not allowed to cross-examine the witnesses, nor was he afforded any opportunity to produce evidence on his side. on the contrary, the applicant has claimed that he was compelled/forced to sign some papers, which were converted to be the statement of defence of the applicant and on the basis of that, the finding of guilt was passed by the .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Jaipur
..... from the date of discharge of her late husband till his death on 5.9.2002 and family pension thereafter. the same was transferred to this tribunal under sec. 34 of the armed forces tribunal act, 2007 and admitted as transferred application no.300 of 2009. 2. brief facts of the case are, that the applicants late husband shri sawai singh ..... it has been clearly stated that mustering out pension were a concession given to the people who was released from service prematurely due to reduction in the strength of forces and in such circumstances, the service rendered for the purpose of mustering out pension had been reduced to 10 years. however, the concession of counting the service rendered ..... 46 was within the period of service and cannot be counted as double. also, that the applicant was discharged at his own request and not consequent to reduction of forces. 5. facts of this case are squarely covered by our judgments delivered in the cases of smt. chav kanwar v. union of india (ta no.29/2009 .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... writ petition was transferred to this bench and is being disposed of by this judgment treating it as an appeal under section 15 of the armed forces tribunal act 2007. 2. the prosecution case, in a nutshell, is: on posting to 2 signal training centre for instructional duties, the appellant joined on 3.2.1992. on 28.10.1993 ..... pw 1 was recruited by paying illegal gratification. 8. before analysing the evidence, it would be useful to answer the point whether the recruitment of pw 1 to the armed forces allegedly by bribes is a ground to reject his testimony and the evidence of other witnesses? be it noted, the appellant took this stand for the first time when he ..... he, at margao, on 28 october 1993, at about 1930 hours, with indecent intent got himself masturbated from no nya recruit udai bhanu of the same regiment. second charge army act sec. 46(a) disgraceful conduct of an indecent kind, in that he, at margao, on 30 october 1993, at about 0930 hours, with indecent intent kissed and embraced no .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Jaipur
..... singh had filed a writ petition in the high court of judicature for rajasthan at jaipur, praying for grant of disability pension. the same was transferred to this tribunal under sec. 34 of the armed forces tribunal act, 2007 and admitted as transferred application no. 207 of 2010. 2. undisputed facts of the case are that the applicant was enrolled in the army on 28 ..... was acquired by him in service, therefore, it had to be attributable to or aggravated by service. 7. learned counsel for the applicant has also cited the judgment of this tribunal dated 3.2.2011 in the case of idrish khan v. union of india (oa no. 97 of 2010), wherein, it has been categorically ruled that presumption in this regard .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Jaipur
..... 11.8.1946 till the death of her husband on 8.8.1993 and ordinary family pension thereafter. the writ petition has been transferred to this tribunal under sec.34 of the armed forces tribunals act, 2007 and admitted as transferred application no.33 of 2009. 2. the applicant, in her written submission, has that her late husband, sepoy narayan ..... ram was enrolled in grenadiers on 7.5.1941 as driver and was discharged from service on 11.8.1946 due to reduction of forces. during this period ..... of mustering out pension is only 10 years. hence, her late husband deserves to be granted service pension since his services were terminated consequent to reduction of forces of the indian army. 3. the non-applicants, in their reply, have stated that all the service documents pertaining to the service of the applicants husband .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Jaipur
..... to the death of her husband, i.e., 18.5.1994 and ordinary family pension thereafter. the writ petition has been transferred to this tribunal under sec.34 of the armed forces tribunals act, 2007 and admitted as transferred application no.29 of 2009. 2. the applicant has averred that her late husband, sepoy kaloo singh was ..... aforesaid letter that mustering out pension was a concession given to the people, who were released from service prematurely due to reduction of strength of the force and under such circumstances, the services rendered for the purpose of mustering out pension had been reduced to 10 years. however, the concession of counting ..... represented that this concession should also be allowed in calculating the mustering out concessions of the personnel of the state forces, who have been or are being discharged on the grounds of reorganization of the state forces consequent on federal financial integration. the president is pleased to decide as follows:- (a) officers. xxx xxx xxx .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
ghanshyam prasad: issue notice to the respondents. mr. m.s. jaiswal, cgc, accepts notice on behalf of the respondents. this application under section 14 of the armed forces tribunal act, 2007 has been filed by the petitioner for grant of disability element of disability pension with the benefit of rounding off from the date of retirement. the petitioner was enrolled ..... application, this action of the respondents was arbitrary and discriminatory against the decisions of the honble supreme court as well as this bench. in view of the decision of this tribunal dated 20-12-2010 rendered in oa no. 119 of 2010 dated 20-12-2010 s.s. ahluwalia vs uoi and ors) as well as some other decisions, it is .....
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