Court : Armed forces Tribunal AFT Regional Bench Chennai
..... adityan the applicant in this application, has filed w.p.no.20651 of 2001 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.34 of 2009. 2. we heard the arguments of the learned counsel for the petitioner mr.s.natanarajan and the ..... 10/s/86 will not be applicable to him since he has been transferred to air force hospital at jorhat, assam from military hospital, chennai. 6(b)the learned counsel appearing for the petitioner mr.s.natanarajan, has drawn the attention of this tribunal to rule 3 of sao 10/s/86 and would contend that the sao 10/s/ ..... 86 will be applicable to the petitioner also even though he has been transferred to air force service at jorhat, assam. rule 3 of sao 10/s/86 reads as .....
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 : Supreme Court of India
..... bestowed our best of consideration and we are of the opinion that as per section 2 read with section 3(o) of the armed forces tribunal act, 2007, this tribunal has limited jurisdiction to deal with the service conditions of the army act and rules, but, the present case, which relates to non- selection of the petitioner by the drdo for the rank of lt. general ..... statutory appeal, preferred by union of india, as provided under section 31 of the armed forces tribunal act, 2007 (hereinafter referred to as the 'aft act'). the appeal is filed against the judgment and order dated april 15, 2011 passed by the armed forces tribunal (hereinafter referred to as the 'tribunal), regional bench chandigarh, whereby the tribunal has partly allowed the original application (oa) which was preferred by the respondent .....
Tag this Judgment!Court : Supreme Court of India
..... bestowed our best of consideration and we are of the opinion that as per section 2 read with section 3(o) of the armed forces tribunal act, 2007, this tribunal has limited jurisdiction to deal with the service conditions of the army act and rules, but, the present case, which relates to non- selection of the petitioner by the drdo for the rank of lt. general ..... statutory appeal, preferred by union of india, as provided under section 31 of the armed forces tribunal act, 2007 (hereinafter referred to as the 'aft act'). the appeal is filed against the judgment and order dated april 15, 2011 passed by the armed forces tribunal (hereinafter referred to as the 'tribunal), regional bench chandigarh, whereby the tribunal has partly allowed the original application (oa) which was preferred by the respondent .....
Tag this Judgment!Court : Punjab and Haryana
..... 14.08.2012, whereby the transferred writ petition filed before the high court of andhra pradesh was entertained as an appeal under section 15 of the armed forces tribunal act, 2009. the petitioner, posted as classified ent specialist at military hospital, secunderabad under indian artillery commandant, singh dalbir 2014.05.30 17:41 i ..... 9a).it is, thereafter, the petitioner filed a writ petition before high court of andhra pradesh, which was transferred to the armed forces tribunal and decided as an appeal under section 15 of the act. the learned tribunal did not find any merit in the stand of the petitioner that k. siddaiah was examined by him on 31.05.2002 ..... o&m) [1].in the punjab & haryana high court at chandigarh cwp no.20380 of 2012 date of decision: 21.05.2014 lt. col. rahul arora petitioner versus armed forces tribunal & others respondents coram: hon ble mr.justice hemant gupta hon ble mr.justice fateh deep singh present: mr.g.s.ghuman, advocate, for the petitioner. mr.kunal dawar .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... . k. surendra nath, member-administrative: 1. this original application has been filed under section-14 of the armed forces tribunal act, 2007, whereby the petitioner has claimed the following reliefs :- a) to call for the records pertaining to ..... and insurmountable delay in approaching this honble tribunal and would state that the case is liable to be dismissed in favour of union of india. the learned senior panel counsel for the respondents also cited other judgements of armed forces tribunal, lucknow, in its order dated 8. ..... 8.2012 and in o.a.no.55 of 2012 with m.a.no.78 of 2012 dated 17.2.2014. the honble tribunal in this case had taken a similar ..... law stated by the courts. in all the above cases, the courts have dealt with the provisions entitling the member of the armed forces to receive disability pension. there is no divergence of view in regard to ambit and scope of power of pcda(p) .....
Tag this Judgment!Court : Delhi
..... petitioner also submitted that the petitioner filed a writ petition to challenge the scm proceedings which was later decided by the learned aft after the armed forces tribunal act came into force in the year 2007. the learned counsel for the petitioner, however, gives no explanation as to why the said scm proceedings were not challenged ..... kailash gambhir hon'ble mr. justice najmi waziri order0909.2014 kailash gambhir, j.(oral) 1. aggrieved by the order dated 13.12.2011 passed by the armed forces tribunal, principal bench, new delhi, the petitioner has filed the instant writ petition under article 226 of the constitution of india to seek the following reliefs: a) ..... appeal under section 164 of the army act and vide order dated 27.04.1993 the same was rejected. the petitioner, thereafter, had filed a writ petition bearing w.p.(c) no.4446/1996 which was later transferred to the armed forces tribunal, principal bench, new delhi and the learned armed forces tribunal (in short aft ) vide order .....
Tag this Judgment!Court : Delhi
..... these circumstances, it cannot be stated that the present case falls under the exclusion clause of section 3(o) of the armed forces tribunal act. in our view, the remedy of the petitioner would still lie before the tribunal.8. at this stage, liberty is sought by the petitioner no.1 to withdraw the present petition and approach the appropriate forum ..... against the said order whereupon it was clarified by the respondents that his application had been processed under section 162 of the army act. the order dated 30.10.2015 passed by the armed forces tribunal in the oa filed by the petitioner no.1 records that the vice chief of the army staff has converted the dismissal order ..... officer was directed to wp(c) no.10892/2017 page 2 of 4 examine the matter under section 165 of the army act.6. it is stated before us that under section 3(o) of the armed forces tribunal that defines the term, service matter is clause (iv) that excludes matters relating to summary court martial except where the .....
Tag this Judgment!Court : Supreme Court of India
..... as a sailor without loss of seniority. being aggrieved by the said decision, the appellant filed original application under section 14 of the armed forces tribunal act, 2007 before the said tribunal. by the impugned judgment, the original application has been dismissed. submissions of the appellant3 the learned senior counsel appearing for the appellant ..... abhay s. oka, j.1. this is an appeal under section 31 of the armed forces tribunal act, 2007 by which, an exception has been taken to the judgment and order dated 27th august 2013 passed by the armed forces tribunal (for short, the said tribunal ), regional bench, kochi.2. on 31st july 2002, the appellant joined indian navy ..... pointed out the order dated 27th august 2013, passed by the said tribunal by which leave has been granted under sub- section (1) of section 31 of the armed forces tribunal act, 2007 as three questions of general public importance were involved. the first question was whether the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC1154; JT1994(5)SC644; 1995LabIC1596; (1995)ILLJ564SC; 1994(4)SCALE25; 1994Supp(3)SCC264; [1994]Supp2SCR670; 1994(2)LC643(SC)
..... these petitions under article 32 of the constitution is whether the central administrative tribunal (hereinafter the tribunal) has jurisdiction to adjudicate the matter relating to the promotion of the two petitioners. the tribunal having been established under the administrative tribunals act, 1985 would have no jurisdiction if the petitioners be members of 'armed forces of the union', because of what has been stated in section 2(a ..... ) of this act. the point for determination, therefore, is whether the two petitioners, who at the relevant .....
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