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
..... 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 : Andhra Pradesh
..... and cannot directly invoke the jurisdiction of high court under article 226 of the constitution of india. the armed forces tribunal is established under the armed forces tribunal act, 2007, and is a special tribunal exclusively vested with jurisdiction to adjudicate service grievances of persons governed by army act, navy act and air force act. therefore, it is an effective and efficacious adjudicating forum. the petitioner cannot directly invoke the jurisdiction of ..... this court without availing the said remedy. 7. hence, the writ petition is dismissed, leaving it open to the petitioner to avail the remedy as available under the armed forces tribunal act, 2007. there shall be no order as to costs. miscellaneous petitions, if any, pending in this writ petition shall stand closed.
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 Principal Bench New Delhi
..... is not dependent upon the decision in statutory representation. they are altogether a separate proceeding and cannot be assailed in an appeal under section 15 of the armed forces tribunal act 2007. we are not oblivious of the fact that a decision rendered without jurisdiction would be coramnon juris. in harshadchiman lals case (supra), it was held ..... representation/complaint is pending. in this regard, it would be appropriate to quote the relevant provisions contained in section 15 of the armed forces tribunal act 2007, which reads: 15. jurisdiction, powers and authority in matters of appeal against court-martial:--(1) save as otherwise expressly provided in this ..... residence is used, it would be relevant to refer to certain notifications which have been issued by the central government defining the territorial jurisdiction of the benches of the armed forces tribunal at chennai, jaipur, lucknow, chandigarh, calcutta and kochi. they are: s.r.o nos. 14(e) dated 21.10.2009, 15(e) dated 28. .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Jaipur
..... the order of the chief of army staff and court martial. there is no embargo to avail the remedy in the form of appeal before this tribunal provided under sec.15 of the armed forces tribunal act, 2007. hence, in view of the principles laid down by a larger bench of aft, principal bench, new delhi in the case of ex hav ..... dismissed. a mercy petition had been filed by the accused before honble president of india, which was also dismissed. the wife of the accused moved this tribunal in the form of appeal under sec.15 of the armed forces tribunal act, 2007 against the order of conviction passed by the summary court martial, which came to decided on 13.8.2010. since this ..... court martial, who had already availed the remedy of appeal by way of petition under sec.164 of the army act before the chief of army staff, cannot avail the remedy of appeal under sec.15 of the armed forces tribunal act, 2007 against the said order and only remedy left for the incumbent is only by way of writ petition under .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... issue being barred by principles of res judicata or even constructive res judicata. after the constitution of this armed forces tribunal by virtue of the section 14(5) of the armed forces tribunal act, 2007, this tribunal is considered to sit in the arm chair of the selection board and decide the issues raised in the application before it both on facts ..... the learned counsel for the applicant to peruse the confidential documents filed in a folder. the documents contained in folders a and b were perused by this tribunal before passing this order. 10. we heard the learned senior counsel mr.v.t.gopalan appearing for the applicant as well as the learned senior central ..... which was challenged by the applicant before the first respondent which has also rejected by its order dated 30.01.2009, which is under challenge before this tribunal. the statutory compliant of the applicant runs about 10 pages containing 30 paragraphs. the main grievance of the applicant in his statutory complaint is that the .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Jaipur
..... naik and to grant him promotion to the rank of naik with all consequential benefits. the writ petition was transferred under sec.34 of the armed forces tribunal act, 2007 for adjudication by this tribunal and admitted as transferred application no. 5 of 2009. 2. brief facts of the case are, that the applicant whilst serving with 13th battalion ..... filed this writ petition in the high court of judicature for rajasthan at jodhpur. 3. the case was put up for adjudication in front of this tribunal six times and despite adjournments sought by the non-applicants, no reply has been filed or any rebuttal issued regarding the facts of the case as narrated ..... wounded as a result of accidental explosion of mines caused while laying operationally oriented mine fields or lifting or negotiating mine fields laid by the enemy or own forces in operational areas, near the international borders or the line of control and consequently placed in medical category cee (permanent/temporary) will also be treated as .....
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 Chandigarh Bench Chandimandir
..... counsel for the petitioner that these objections have got no merit. regarding jurisdiction, it is submitted by the learned counsel that as per clause (o) of section 3 of the armed forces tribunal act, 2007, this bench is fully competent to entertain and decide the present application. regarding second objection of delay and laches, it is well settled law that delay in filing the ..... ghanshyamprasad: this application under section 14/15 of the armed forces tribunal act, 2007 has been filed for grant of disability pension @ 50% disability against 20% after giving the benefit of rounding off and also for the benefits under army group insurance. the ..... of relief of army group insurance from afgis. however, the learned counsel for the respondents submitted that the matter relating to afgis does not fall within the jurisdiction of the armed forces tribunal as held by the principal bench vide order dated 29-04-2010 passed in oa no. 64 of 2009 (ex.cfn naha singh dagar vs uoi and ors). following that .....
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