Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
..... the above discussion we are of the view that matters related to agif in respect of its beneficiaries are within the jurisdiction of the armed forces tribunal act, 2007 and can be adjudicated by the tribunal. 5 having arrived at the above conclusion we make it clear that this shall not be a precedent or analogy with respect to any ..... this full bench was constituted to adjudicate whether claims and disputes related to army group insurance fund (agif) benefits were subject to jurisdiction of the armed forces tribunal act, 2007 and consequently could this tribunal decide such matters. reference for constituting full bench came about as a result of a number of judgments where, besides other pensionary and service related ..... it is not an option for any individual to join or decline to join the scheme. then a perusal of section 3(o) of the armed forces tribunal act, 2007, which defines service matters, reads as under:- section 3(o) : service matters?, in relation to the persons subject to the army .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
..... which is a constitutional remedy, provided under the constitution of india. so far as right to approach armed forces tribunal is concerned, it is a statutory right also governed by section 22 of the armed forces tribunal act. before discussing section 22 of the armed forces act, we may point out that the decision of shiv dass (supra) was rendered by the apex court ..... in the peculiar circumstances?as noted in para 11 of the report. therefore, it should be understood in that context. section 22 of the armed forces tribunal act, 2007 provides the period of limitation for filing a petition. for the sake of convenience, the aforesaid section is reproduced below :- 22. limitation. (1) the ..... dated 22.3.2011 ..?. the letter dated 22.3.2011 is reply to the legal notice under section 80 cpc. section 21 of the armed forces act 2007 provides that tribunal shall not ordinarily admit an application unless it is satisfied that the applicant had availed of the remedies available to him under the army .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
1. this is an application filed by the petitioner under section 14 of the armed forces tribunal act, 2007, hereinafter referred to as said act?, for setting aside the order dated 15.06.2009 (annexure a6) and for direction to the respondents to promote thepetitioner to the rank of havildar along with all consequential financial ..... of havildar and was deemed to have retired in that rank. thus in so far as promotion to the rank of havildar was concerned, he had been promoted. 13. the forceful argument of the learned counsel for the petitioner was that if he had been promoted while in service, he too would have been allowed to complete 10 months service like ..... army 1961 (part-1), service pension is assessed on the basis of the rank actually held by an indl regardless of whether it is held in a substantive or paid acting capacity and the lowest group for which he is paid during the last ten months of his service qualifying for pension. apropos the facts mentioned here-in-before, your case .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
..... petitioner for taking action against the respondents for initiating criminal contempt proceedings under section 19 of the armed forces tribunal act, 2007 read with section 15 of the contempt of courts act, 1971 for willful disobedience of the order dated 21.10.2011 of this tribunal. 2. briefly stated the facts leading to the filing of the present application for initiating ..... date of receipt of this order.? 3. the petitioner filed the present contempt petition for taking against the respondents for willful disobedience of the orders passed by the tribunal dated 21.10.2011. in paragraph no.6 of the petition the petitioner alleged that he had filed ma no. 809 of 2012 seeking execution of the ..... petitioner and has not been disposed of so far. there is nothing on record to suggest as to whether the respondents have complied with the order or the tribunal or not since they have not filed the reply till date and the matter was listed for 28.11.2013. however, the present application was filed by .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
1. this is a petition under section 14 of the armed forces tribunal act, 2007. 2. briefly stated the facts as alleged by the petitioner are that he was enrolled in the indian army on 24th march, 2008. he was discharged from service on ..... . application not to be admitted unless other remedies exhausted : (1) the tribunal shall not ordinarily admit an application unless it is satisfied that the applicant had availed of the remedies available to him under the army act, 1950 (46 of 1950) or the navy act, 1957 (62 of 1957) or the air force act, 1950 (45 of 1950) as the case may be, and respective ..... arisen by reason of any order made at any time during the period of three years immediately preceding the date on which jurisdiction, powers and authority of the tribunal became exercisable under this act, in respect of the matter to which such order relates and no proceedings for the redressal of such grievance had been commenced before the said date before the .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
..... we heard the learned counsel for the parties and perused the original record of the proceedings made available. this being an appeal under section 15 of the armed forces tribunal act, 2007, the evidence on record has been reappraised. with respect to the first charge, the evidence of pw 6 and 11 reveals that four truck ..... the honble high court of jammu and kashmir at srinagar is taken up on transfer to this tribunal as an appeal against the finding and sentence of summary general court martial (sgcm) under section 15 of the armed forces tribunal act, 2007. the petitioner while being the commanding officer of 14 wireless experimental unit (weu) was tried ..... by sgcm from 07.11.1999 to 29.11.1999 on the following charges (a) first charge: army act section 52 (b) dishonestly misapropriating property belonging to .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
..... and ors v. dhir singh china 2003(3) rsj 2 and secy ministry of defence v. av damodaran, 2009(9) scc 140. 19. section 22 of the armed forces tribunal act, 2007 provides the period of limitation for filing a petition. for the sake of convenience, the aforesaid section is reproduced below :- 22. limitation. (1) the ..... military service, which is enshrined in regulation 173 , rule 7(b) of appendix-ii of the army pension regulations 1961. the honble apex court, high courts and armed forces tribunals have settled the law that under such type of circumstances when there is no note of disease on document at the time of entry, the sickness of disease is ..... reason of any order made at any time during the period of three years immediately preceding the date on which jurisdiction, powers and authority of the tribunal became exercisable under this act, in respect of the matter to which such order relates and no proceedings for the redressal of such grievance had been commenced before the said date .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
the file of the above case has been received on transfer on the commencement of the armed forces tribunal act, 2007, from punjab and haryana high court at chandigarh, in view of section 34 of the act. the petitioner joined the army in the year 1969 in the regiment of the commanding officer, 17, engineer regiment and remained there till he ..... was filed long ago on 2.1.1997 but no rejoinder has been filed. in the meantime, petition has been transferred to this tribunal and remained pending for the last two years and the tribunal has granted many adjournments to the petitioner on various dates. when the matter was taken up for hearing on 09.01.2014, ..... was submitted that the discharge order could not be made effective from back date i.e. 17.1.1990. reliance was placed on relevant provisions of the army act. the learned counsel for the respondents on the other hand submits that the petitioner has been dismissed after following the prescribed procedure. elaborating the arguments, he submits that .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
1. this is an application filed by the petitioner under section 14 of the armed forces tribunal act, 2007. 2. briefly stated the facts of the case are that the petitioner was enrolled in the army on 24.01.1970 as a sepoy in army medical corps and ..... . application not to be admitted unless other remedies exhausted : (1) the tribunal shall not ordinarily admit an application unless it is satisfied that the applicant had availed of the remedies available to him under the army act, 1950 (46 of 1950) or the navy act, 1957 (62 of 1957) or the air force act, 1950 (45 of 1950) as the case may be, and respective ..... arisen by reason of any order made at any time during the period of three years immediately preceding the date on which jurisdiction, powers and authority of the tribunal became exercisable under this act, in respect of the matter to which such order relates and no proceedings for the redressal of such grievance had been commenced before the said date before the .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
the petitioners have filed this application under section 14 of the armed forces tribunal act, 2007 praying for grant of pensionary benefits @ 50% of their pay in the honorary rank of lieutenant/captain with interest @12% per annum by setting aside pao letter dated 3- ..... . it is not in dispute that the petitioners are personnel of territory army which was raised as part and parcel of regular army to support and supplement it. the army acts, rules and regulations and instructions applicable to the personnel of regular army are also applicable to the individuals of territorial army in the matters of their appointments/discharge/retirement including .....
Tag this Judgment!