Court : Armed forces Tribunal AFT Regional Bench Kochi
Decided on : Jan-10-2014
Shrikant Tripathi, Member (J): 1. In all these matters, the question whether the Group Captains (Time Scale) are entitled to be treated at par with the Group Captains (Select) regarding the age of superannuation and as such, are entitled to serve the Air Force up to the age of 57 years in place of 54 years has arisen, therefore, with the consent of the learned counsel for the parties, all these cases were heard together and are being disposed of by this common order. 2. The applicant, Group Captain Saji Abraham, No.16647, who filed O.A.No.58 of 2013, retired as Group Captain (Time Scale) from the Air Force service during the pendency of the instant petition on 31st May, 2013. He had prayed for a stay against his retirement, but it was denied. However, the Hon'ble High Court of Kerala, in O.P.(AFT) No.1867 of 2013, preserved the rights whatsoever of the applicant. If the age of retirement of this applicant had been 57 years instead of 54 years, he would have continued in service upto 31...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
Decided on : Jan-31-2014
Shrikant Tripathi, Member (J): 1. The applicant, M.K. Mishra, Ex POELP No. 169764-B filed this Original Application (appeal) challenging the verdict of the Court Martial, whereby he was found guilty of the charge under Section 354 of the Indian Penal Code read with Section 77(2) of the Navy Act, 1957 and was accordingly dismissed from the service. 2. In this order we will not disclose the identity of the victim and so she will be referred to as the 'victim'. The names of her parents will also not be disclosed and they will be referred to as 'father' or 'mother', as the case may be. 3. The story leading to the trial of the applicant is that on 9th February, 2008 at about 15.50 hrs., he met the victim and her sister, while they were going to the shopping complex at Sailors Married Accommodation for recharging their mobile phone. He offered them a lift to the shopping complex. Both the victim and her sister accepted his offer as they were taking tuition along with his daughter with the sa...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
Decided on : Jan-22-2014
Vadm M.P. Muralidharan, Member (A): 1. The first applicant is a registered Association of Ex Navy Direct Entry Artificers and the other four are all Ex Direct Entry Artificers of the Navy (hereinafter referred to as the applicants). The applicants two to five, were discharged from the Navy after their initial engagement period of 10 years. As per applicants, they were placed 10 years in Fleet Reserve. The applicants were not given pension on their release from service, but have now sought pension based on the fact that they were placed in Fleet Reserve for 10 years and 50% of the period of reserve would accrue towards pension. While a request for pension was made by the applicants (Annexure A5) to Respondent No.2, vide Annexure A6 they were informed by Respondent No.3 that they were not eligible for pension. The applicants have therefore prayed for setting aside the IHQ, MOD (Navy) letter No.PN/8126/12 dated 25 June 2012 (Annexure A6) denying them pension. They have also prayed to decl...
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