Court : Armed forces Tribunal AFT Principal Bench New Delhi
Decided on : Aug-08-2012
ORDER 1. This petition has been received on transfer from the Bombay High Court after coming into force of the Armed Forces Tribunal as the Bombay Regional Bench of the Tribunal is not functioning because of the lack of Judicial Member. Therefore, this petition has been transferred to the Principal Bench at New Delhi. 2. Petitioner vide this petition has prayed to quash and set aside the order of discharge dated 30.09.2005 and order dated 15.05.2009 being violative of Articles 14 and 21 of the Constitution. The petitioner has also prayed that a direction may be issued to the respondents to re-instate the petitioner in Naval services with full salary and back-wages. 3. The respondents invited applications from young male candidates for enrolment as Matric Entry Recruits (MER) for 2/2002 Batch. The petitioner applied for the post and after clearing the necessary exam for the said post, received an offer letter dated 10.07.2002 for enrolment in the Indian Navy. He was initially directed ...
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
Decided on : May-29-2012
A.K. Mathur, Chairperson 1. Petitioner vide this petition has prayed to quash and set aside the impugned order (findings and sentence) dated 29.04.2009 of the court martial and order dated 25.06.2009 of the Chief of Naval Staff in judicial review of the proceedings of the trial by court martial of the petitioner. 2. Petitioner joined the Indian Navy in July, 1987 as a Cadet in Naval Academy, INS Mandovi, Goa. He passed from the Naval Academy after successfully completing his training. He stood first in his course and was awarded Presidents Gold Medal. He was commissioned as a Sub Lt on 01.01.1989. He opted for Aviation and joined Air Force Academy, Dundigal, Hyderabad in July, 1989 for flying training. Petitioner successfully completed his flying training and he stood first in the said flying training. After his flying training, he became a Naval helicopter pilot and continued to fly Chetak. At the material time, he was serving in the Indian Navy with the rank of a Commander and borne ...
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
Decided on : May-18-2012
1. The OA No.272/2011 was filed in the Armed Forces Tribunal on 19.07.2011 and OA No.267/2011 was filed on 13.07.2011 respectively. By way of this common order, we shall hereby dispose off both the above mentioned OAs bearing OA No.272/2011 and 267/2011 as facts and circumstances of both the cases are common in nature and points in dispute are similar and the reliefs sought in both the cases are also similar in nature. Arguments were heard together with the request of both the parties. 2. The OA No.272/2011 filed by Shri Gajender Singh is being taken first. The applicant in this OA has prayed to set aside his discharge order dated 20.12.2010 and further prayed for reinstatement in service from the date of illegal and premature discharge i.e. 20.12.2010 with all consequential benefits. 3. Brief facts of the case are that the applicant was enrolled in the Navy as a Cook NMER on 19.05.1988. During his service he was posted to various Naval establishments. 4. It is submitted by the learned...
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
Decided on : Feb-07-2012
Petitioner vide this petition has prayed that cut-off date mentioned in the Notification dated 29.09.2009 to the extent of pre and post distinctions of 01.01.2006 for grant of disability pension to those persons who have voluntarily retired prior to 2006 may be quashed. Petitioner was commissioned in Indian Army on 27.12.1982 in Army Medical Corps after having been found fit in all respect. He served with various medical units of Indian Army from 1983 to 1996. During 1996, due to peculiar nature of service and hazardous atmosphere, petitioner suffered two disabilities namely Tear Anterior Cruciate Ligament and Medical Meniscus (Left) and subsequently he was placed in low medical category S1 H1 A3 P1 E1. On account of disabilities, petitioners movements became restricted causing difficulty in performance of his normal duties, therefore, he sought Page premature retirement after 15 years of service. Respondents vide order dated 07.01.1997 approved the request of the petitioner for premat...
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