Court : Armed forces Tribunal AFT Regional Bench Chennai
..... binding nature of the opinion of the medical board constituted in accordance with rules. regulation 173 of the pension regulations for army, 1961 appendix ii relates to grant of entitlement for disability pension. section 22 of the army act and the instructions issued by the competent authorities as aforereferred, leave no doubt that pcda(p) is vested with no jurisdiction ..... first appeal committee vide government of india, ministry of defence letter no.7(653)/95/d dated 24.12.1996. the applicant averred that he thereafter approached the army headquarters again on several occasions, but he was not granted disability pension and in his application, he had claimed that the invalid medical board had fixed his ..... l.t. gen. 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 order in l.no.7/653/95/d dated .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... may thus be allowed. 4. the objections raised on behalf of the respondents in the reply- statement would be as follows: the applicant was enrolled in the indian army meg on 20.08.1968 and was discharged from service on 31.8.1992 afternoon after fulfilling the conditions of enrolment. the applicant was granted honorary rank of naib ..... assistant jag officer appearing for the respondents. 8. point nos.1 and 2: the indisputable facts in this case would be that the applicant was enrolled in the army on 20.8.1968 and was discharged, after completing 24 years of service, on 31.08.1992. the applicant was conferred with the rank of honorary naib subedar ..... retirement, the applicant enrolled himself as a member of the tamil nadu ex- services league bearing registration no.116/2010, an association duly registered under the registration of societies act, 1978, for the welfare of the retired persons from armed forces. 3. as per the v central pay commission, the pay of the honorary naib subedars was fixed .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... post of havildar prior to 1.1.2006 and was conferred with the rank of honorary naib subedar on his retirement. he has filed this application under section 14 of the armed forces tribunal act, 2007 for the grant of pension on the rank of naib subedar with effect from 1.1.2006. 4. today, we have passed an order in ..... rank of naib subedar to the respondents by petition dated 15th september 2011. the oic records the meg group by their letter dated 17th march 2012 and ihq (mod) army letter dated 14th december 2011 intimated that the issue of pre- 2006 retired honorary naib subedar has already been taken up with ministry of defence by ag/ps-5. though ..... honorary naib subedar with arrears with costs. 2. the factual matrix of the case of applicant as contained in the application would be as follows: the applicant joined the indian army as sepoy on 20.05.1963 and he was discharged in the rank of havildar after completing 24 years of unblemished record. accordingly, he retired on 01st june 1987 and .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... operationally oriented training in preparation for actual operations due to gunshot wounds/explosion of live ammunition/explosives/mines or by drowning/electrocution. (k) army personnel killed/wounded unintentionally by own troops during course of duty in an operational area. (l) casualties due to vehicle accidents while performing ..... operational areas near international borders or the line of control. (f) war like situations, including cases which are attributable to/aggravated by:- (i) extremist acts, exploding mines etc. while on way to an operational area. (ii) battle inoculation training exercises or demonstration with live ammunition. (iii) kidnapping by extremists ..... electrocution while on duty, etc. (v) accidents during participation in organized sports events/adventure activities/expeditions/training. category d death or disability due to acts of violence/attack by terrorists, anti social elements, etc. whether on duty other than operational duty or even when not on duty. bomb blasts .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... applicant believed that the written counselling given by 6th respondent had no impact over his icr and therefore, he desisted from giving complaint against the counselling under section 27 of the army act. in the meantime, the extract of his acr for the period commencing from 14.11.2007 to 31.5.2008 written by the new io in ..... also the further case of the applicant that there was an incident on 21.8.2007 in which he proceeded as per the direction of army hq to attend the training to act as the announcer after getting a movement order from the incharge officer, since the commanding officer was on temporary duty and it was mistaken that ..... which was again consistent with the applicants stabilised career profile. commencing from 1st january 2009, a new promotion policy for officers called quantification system was introduced in the army in order to avoid favouritism and human factors to which 95 marks were allotted for acrs, courses, honours and awards and the remaining 5 marks were allotted .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... aug 99 to proceed to home did not rejoin at field on the expiry of the said leave but absented himself with intent to avoid such active service. second charge army act section 39(a) : absented himself without leave, in that he, at bangalore, on 3 apr 2000, absented himself without leave at 0545 hrs from unit lines and ..... the petitioner. 12. we have examined carefully the proceedings of the summary court martial held on 30th september 2000. the petitioner was charged for two offences, first charge, army act, section 38 (1) deserting the service, in that he, at field, on 15 aug 99, while on active service and having been granted leave of absence from 03 aug ..... 2013( vallivedu bhaskar v. uoi and ors.)-aft/rb chennai. 4. the respondents would submit that the petitioner had been tried and punished for overstayal of leave under army act section 39(b) on three earlier occasions; on 9th august 1991 for overstaying leave for 25 days, on 27th january 1993 for overstaying leave for 218 days and on 10th .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... show cause notice proceedings was initiated under section-7 of the indian military nursing service ordinance, 1943, which ordinance was not in vogue since it was an ordinance of pre-constitutional india which was not ratified by any act of parliament. after the enactment of the army act, 1950, the officers recruited under military nursing ..... service are governed by the provisions of army act and, therefore, the entire proceedings of dismissal is illegal. she would request us to ..... the respondents 1 to 5 have illegally stopped the salary of the applicant from the month of february, 1993, which is an offence under the army act section-61. the respondents proceeded with the inquiry in an illegal and arbitrary manner without giving any opportunity to the applicant and her witnesses. the proceedings .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... serve in the regular air force reserve for such further period or periods not exceeding in the aggregate 5 years as it may think fit vide section 7 of the reserve and auxiliary air force act, 1952. (c) in the case of airmen who are discharged before the expiry of their regular engagement, the period of the unexpired portion ..... outlined in the above quoted order of the principal bench aft, period of reserve service needs to be taken into reckoning for making him eligible for pension under section 136(a) of the pension regulations for air force 1961. the amount paid as gratuity would be liable to be recovered from or adjusted in the pension payable ..... 353987 as mentioned in the o.a. the original service records in respect of the petitioner had been destroyed after the stipulated period of 25 years in accordance with section 6, chapter xviii of regulation 1026 of regulations for the air force. important details are retained in the form of long roll which the respondents produced and according .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... manning position of the trade at the end of nine years. the reserve liability and reserve service are governed by reserve and auxiliary air force act 1952. sub-section 1, clause (a) of section 5 of the said act would show that the competent authority may by general or special order, transfer any airmen to serve in any air force reserve under its ..... under such circumstances, we are of the considered view that the applicant is entitled to his pension as per regulation 164 r/w 136 of the pension regulations for the army 1961, part-i. but, even though the applicant was discharged on 1st april 1955,he kept quiet for nearly 40 years and for the first time he approached the ..... aft. relevant extracts of the order passed by the honble tribunal on 12 january 2011 are as follows: 6. it is admitted position that petitioner when recruited in indian army, he was under an obligation to serve 9 years as regular service and 6 years as reserve service and that has to be counted for making 15 years for the .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... serve in the regular air force reserve for such further period or periods not exceeding in the aggregate 5 years as it may think fit, vide section 7 of the reserve and auxiliary air force act, 1952. (c) in the case of airmen who are discharged before the expiry of their regular engagement, the period of the unexpired portion of their regular ..... . under such circumstances, we are of the considered view that the applicant is entitled to his pension as per regulation 164 r/w 136 of the pension regulations for the army 1961, part-i. but, even though the applicant was discharged on 1st april 1955,he kept quiet for nearly 40 years and for the first time he approached the v ..... of aft. relevant extracts of the order passed by the honble tribunal on 12 january 2011, are as follows: 6. it is admitted position that petitioner when recruited in indian army, he was under an obligation to serve 9 years as regular service and 6 years as reserve service and that has to be counted for making 15 years for the .....
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