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
..... a shortage of 121 days in granting the pension. the writ petition filed by the petitioner viz w.p.no.11101 of 1999 was transferred to this tribunal as per section 34(2) of the armed forces tribunal act 2007 and renumbered as t.a.no.184 of 2010. 2. the short facts of the case of the petitioner as narrated in the affidavit to ..... the petition run as follows:- the petitioner was enrolled in the indian air force on 13.03.1962 as a combatant member in the trade of electrician after ..... months time for enabling the petitioner to get his service pension. even though the petitioner has been discharged under rule 15(2)(g) of the air force rules 1969, there is no material placed before this tribunal to show that on what ground the respondents have come to the conclusion that the petitioners service is no longer required for the air .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
..... 1. this application has been received on transfer from high court of himachal pradesh at shimla(h.p) being cwp 18 of 2007 and filed under section 14 of the armed forces tribunal act, 2007. the petitioner in this application has prayed for the following reliefs :- (a) an appropriate writ, order or directions be issued to the respondents by quashing the letter dated 18 ..... pcda has no power to reduce the percentage of disability element as held by the resurvey medical board held on 28.07.2004. there are catena of judgments of the armed forces tribunal, honble high courts and honble supreme court on the subject matter. 12. under the facts and circumstances, we are of the view that the petitioner is entitled to get the .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
..... punjab and haryana high court and it has been treated as application under section 14/15 of the armed forces tribunal act, 2007. this application has been filed for grant of disability pension and benefit of rounding off . the petitioner joined the indian air force on 18-04-1981. at that time he was found medically fit. during service while doing practice ..... of rounding off as per govt. of india letter dated 31-01-2001 as well as the decision dated 4-08-2010 rendered by one of the benches of this tribunal in oa no. 329 of 2010 (lt. gen. vijay oberoi vs uoi and ors) and the latest decision of apex court dated 31-03-2011 in civil appeal ..... main objection raised by the learned counsel for the respondents is that since the disability of the petitioner was found as neither attributable to nor aggravated by the air force service he is not entitled to get disability pension and the benefit of rounding off . however, they have admitted the percentage of disability as 20%. considered the submissions .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... letter no.b/40502/1232/07/ag/ps-4 (imp-ii), (first appeal) dated 28.08.2008, has preferred this original application before this tribunal under section 14(2) the armed forces tribunal act 2007. 2. the applicant no.10329607 l was enrolled in the territorial army (ta) on 10th january 2000 and thereafter, embodied to the regular ..... forces ie., 21 sub area which is subjected to the army act section 2(1)(e) and also section 9(1) of the territorial army act, 1948. according to ..... same was sustained by the applicant while he was on leave and not on duty in terms of rule 12 of entitlement rules to casualty pensionary awards to armed forces personnel, 1982. thereafter, the applicant had preferred his second appeal dated 29th january 2009, which was also submitted to defence ministers appellate committee on pension (dmacp .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... application challenging the summary trial proceeding, which was held against him during 2004-2009 is not maintainable in view of section 3(o) of the armed forces tribunal act 2007 since this tribunal has no jurisdiction. 4. we heard the learned counsel mr.venkatadri appearing for the applicant and the learned senior central government standing counsel mr.v ..... support of his contention that the courts cannot interfere with the award of grading in acrs would rely on a judgment of the principal bench of the armed forces tribunal in t.a.no.198 of 2010 (col pk nair vs. union of india and others), wherein the learned bench has relied on a judgment of ..... this application with the following prayer- in the above circumstances, the applicant has no other alternative efficacious remedy other than to file this original application before this tribunal for suitable relief and prays that the above errors of laws apparent on the face of the records, the order of statutory complaint dated 8th february 2010, .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Jaipur
..... and had stated in his statement. the applicant has also not exhausted the remedy available to him under the army act. section 21 of the armed forces tribunal act, 2007 puts an embargo to approach this tribunal before availing of the remedy provided under the law. 9. in this view of the matter, we do not ..... against him. moreso, he has not exhausted the remedy provided to him under the army act. the armed forces tribunal act, 2007 prohibits to entertain such an application unless one exhausts the remedy provided to him under the army act. 8. after going through the proceedings of the court of inquiry and the findings given by ..... simply a fact finding body. before approaching this tribunal, the applicant should have availed of the remedies available to him under the army act. even the armed forces tribunal act, 2007 also debars the applicant from approaching this tribunal before availing of these remedies available to him under the army act, hence this application is premature and as such, .....
Tag this Judgment!Court : Chhattisgarh
..... (i) the power of judicial review vested in the high court under article 226 is one of the basic essential features of the constitution and any legislation including armed forces tribunal act, 2007 cannot override or curtail jurisdiction of the high court under article 226 of the constitution of india (refer: l. chandra (air 1997 sc 1125) and ..... the order passed by the competent authority in exercise of powers conferred under section 19 (i) of the act of 1950 is service matters falling within the meaning of 3(o) of the armed forces tribunal act, 2007 (for short the act of 2007 ) and therefore, remedy of the petitioner would be to file an application under section 14( ..... 2) of the act of 2007 before the armed forces tribunal for redressal of his grievances and as such, by virtue of the .....
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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