Court : Armed forces Tribunal AFT Regional Bench Chennai
..... that his disability was neither attributed to nor aggravated by service conditions and was therefore not recommended for disability pension for the applicant. the applicant was discharged from army service on 01.11.2001 with only service pension. ccda (pension), allahabad (now pcda) has also rejected the petitioners disability pension. the second respondent in ..... 3rd respondent on the basis of the opinion of the release medical board, dated 30.07.2001, is liable to be set aside and can not be acted upon. 10. per contra, the contention of the learned counsel for the applicant was vehemently opposed by the jag officer lt col sandeep kumar, who ..... respective submissions. 7. the point for determination in this application is whether the disability diagnosed as cone rod macular dystrophy to the applicant is attributable to the army service or is constitutional as contended by the respondents to reject the claim of disability pension and attendant allowance? 8.the point:- the learned counsel for .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... -c took up the said petition filed by the wife and issued show cause notice to her husband in terms of section 91(i) of the army act 1950 r/w army rule 193. after proceeding with the matter, the army authority found proper and directed the husband on 9.3.1996 to pay maintenance as per the said provision of law ..... general officer commanding in chief, headquarters, south western command. 3(a) in the counter the first respondent has further extracted the clause (i) of section 91 of army act, army rule 193 and also army order 2/2001. in the para-war comments the first respondent would further add that the order from records madras engineer group, bangalore, bearing letter no ..... if he is prepared to accept her and her children back. the maintenance to the wife and children of marimuthu was granted in accordance with section 91 of army act r/w army rule 193 and army order 2/2001 and that there was no violation of law by the first respondent. 4. the second respondent in her counter would state that .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... 02.03.1983. subsequently, he was declared illegally absent with effect from 22nd june 1982 by a duly constituted court of inquiry under the provisions of section 106 of army act 1950. on 09.07.1984, a petition dated 06.07.1984 from the applicant requesting for settlement of his dues was received by the department. the department ..... applicant was tried by summary court martial by co 27 madras and it was ordered that the applicant to be dismissed from the service for an offence under army act section 39(b) without sufficient cause overstaying leave granted to him for the period from 22nd june 1982 to 28th september 1984. consequently, the service of the applicant ..... any enquiry. on 30.11.1984 the applicant was served with a discharge certificate stating that the applicant was discharged from service for an offence under section 39(b) of army act. the said provision deals with over stay on leave. without giving any opportunity to defend the case as against the allegation that the applicant had .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... the applicant did not report for duty on 16th april 1974 as required and overstayed without leave from 16th april 1974, committing an offence of overstay of leave under army act 39(b). since the applicant did not report for duty on the appointed date, the concerned civil police authority was approached to apprehend the applicant. 3(a) ..... and 15.07.2002 were also considered and the competent authorities found them to be without substance as the delay was not properly explained and accordingly the decision of army headquarters was communicated to the applicant by signal records vide their letter no. p/6394203/dp-2/ner dated 22nd november, 2002. the alleged appeal dated 05 ..... disposed of on merits, by the competent authorities vide letter no.b/40502/tb/appeal ag/ps-4 (d) dated 22nd october, 2002 (letter by adg (ps) army headquarters). as regards the granting of disability pension to the applicant, the same is regulated by procedural law and to grant the same the primary condition is that unless .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... . before awarding such punishment to the husband of the petitioner, a summary of evidence was recorded to find out the circumstances under which he committed an offence under army act section 52(b) and found guilty. therefore, the averments of the petitioner that her husband had been falsely implicated is totally false and untenable. 3(b)after a ..... insurance fund. 3(a)while serving with 174 field regiment, husband of the applicant was tried by a summary court martial for an offence under army act section 52(b) for dishonestly misappropriating property belonging to the government and was sentenced to be reduced to ranks and to be dismissed from service. accordingly, he ..... already been settled. the order of dismissal passed by the 4th respondent dated 12.06.2003 is bad in the eye of law. the procedure contemplated under the army act, has not been followed by the 4th respondent. the 4th respondent has erroneously felt that the applicants husband was able to carry two barrels of 315 litres of .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... including that of the guidelines called the guide to medical officers (military pensions) 1980 and also the source of power, i.e., the provision of section 173 of the pension regulations including other relevant provisions came to be considered by the supreme court. a conjoint reading of the aforesaid provisions along with the ..... rules on the subject for the reasons enumerated in the preceding paragraphs. in view of the forgoing reasons, the respondent acted within the framework of rules, regulations and the act governing the army and there is absolutely no violation or any lapses on the part of the respondent 3(f)a minimum period of ..... after rendering 15 years of qualifying service whereas civilian personnel will be eligible to get service pension only after rendering 20 years of qualifying service. army personnel will be got attested after successful complete of military training and other technical tests including verification of facts from civil authorities. the constitutional disorders .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... in violation of the part i order no.124/955/93 dated 5th january 1993 of 24 wireless experimental unit. the applicant was, therefore, tried summarily under army act sec. 39(d) and awarded severe reprimand by commanding officer 24 wireless experimental unit on 8th june, 1993. the applicant had again become a disciplinary case on ..... reprimand and 14 days pay fine under army act sec 39(d)by commanding officer 24 wireless experimental unit. the applicant had subsequently been tried under :- (i) army act sec 39(a) on 10 feb 2000 and awarded severe reprimand; (ii) army act sec 39(a) on 30 april 2001 and awarded severe reprimand; and (iii) army act sec 63 on 17 may 2001 and awarded ..... lu peace the applicant has been awarded the following punishment during 14 years of service : sl. no. date of award army act section offence in general punishment awarded punished by a) 08.06.93 aa sec. without sufficient severe 24 weu 39(d) cause failing to appear at the time fixed, at the place appointed for duty .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... the learned counsel for the applicant that a similar personnel of army, who was suffering from the disease as to that of the applicant was given disability pension cannot hold any water. 6(d) relying on section 47 of pwd act 1995 ie., the persons with disabilities act, which reads_ 47(1) no establishment shall dispense with or ..... union of india as amended are consequently allowed. the notification dated 28.3.2002 under the proviso to sub-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 and the act no.1 of 1996, and is quashed. the respondents in these writ petitions which are allowed, and in .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... provisions including that of the guidelines called the guide to medical officers (military pensions) 1980 and also the source of power, i.e., the provision of section 173 of the pension regulations including other relevant provisions came to be considered by the supreme court. a conjoint reading of the aforesaid provisions along with the decisions ..... findings in the release medical board proceedings in respect of the disease schizophrenia under which the individual (the petitioner therein) was suffering and its attributability to the army service is concerned, cannot simply be brushed aside without any contra evidence on record. the relevant observation in the said judgment runs as follows:- 7. the ..... 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.32 of 2009. 2. the applicant has approached the court for grant of pension. the applicant joined in the .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... provisions including that of the guidelines called the guide to medical officers (military pensions) 1980 and also the source of power, i.e., the provision of section 173 of the pension regulations including other relevant provisions came to be considered by the supreme court. a conjoint reading of the aforesaid provisions along with the ..... dated 29.12.2003 from the third respondent informing that the appeal preferred by the petitioner against the rejection of disability petition was not considered by the army headquarters in favour of the petitioner on the ground that the petitioner has not presented any responsible grounds for the abnormal delay. hence the petitioner has ..... the writ petition no.16826 of 2004 for disability pension after he was discharged from the army service on 16.10.1963 on medical ground of idiopathic epilepsy . after the constitution of this tribunal under the armed forces tribunal act, 2007, this writ petition was transferred and the same was taken on file by this .....
Tag this Judgment!