Court : Armed forces Tribunal AFT Regional Bench Chennai
..... reserve liability period will not be taken into account while computing the qualifying service for the grant of service pension. as per provisions of regulation-144, special pension or gratuity may be granted at the discretion of the president, to individuals who are not transferred to reserve and are discharged in large numbers in pursuance of government ..... 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 terms and conditions of service to the regular air force reserve. the applicant was thus enrolled on 15.3.1962,his initial term of engagement was governed by the amended provision of afi(1)/12/s ..... while dealing with its citizen? 8. therefore, the principle of equitable promissory estoppels binds the government to stand by their promise and not to be unfair and act in the disadvantage of other party. 9. similarly in the case of bakul cashew co. v. sto (1986) scc 365, three principles are evolved in .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... request that his dismissal be converted into discharge from service and he be given the benefit of pension and all other terminal benefits. in support of his pleadings, the learned counsel would cite the following cases: 1) 2012 (2) aflj 436 (s. moovendan vs. the presiding officer, scm and ors.)- aft/rb chennai; 2) 2012 (2) aflj 491 ( baljit ..... 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 ..... 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 .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... rank of major general on 31.07.1996. consequent to modified provisions introduced for grant of pension/family pension in respect of civilians government servants, the president of india was pleased to decide that with effect from 1.1.1996 the pension of all armed forces pensioners irrespective of their date of retirement shall not be less than 50% of the minimum pay ..... the pay scale introduced with effect from 1.1.1996 for the rank of brigadier as per para 3(a) of sai 2/s/98 is 16700-450-18050 and a rank pay is rs.2400/-. the pension taking into account minimum of scale i.e., rs.16700/- and rank pay of rs.2400/- has been worked out as rs. ..... lt gen (retd) s.pattabhiraman] the applicant in this application, has filed w.p.no.2082 of 2009 before the honourable high court, andhra pradesh, 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.116 of 2009. 2. the petitioner major general .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... forces tribunal under armed forces tribunal act 2007 and renumbered as t.a.no.55 of 2009. 2. neither the petitioner nor his counsel is present today. heard the learned jag officer for the respondents. 3. the affidavit to the petition filed by the petitioner for the issuance of discharge certificate and relief of pension reads as follows:- 3(a ..... he is left alone. having no source of income , he is in dire state. the petitioner further states that he has also approached the honble prime minister, honble president of india, chief minister of tamil nadu, governor of tamil nadu and the defence department, but in vain. having exhausted all other options, has filed the petition with ..... ) in its affidavit filed by the third respondent, the chief records officer/r3 has the following to say: i) no.isc 17717 (allotted dsc no.8807211) ex-signalman s natarajan, as per details available in the dsc records office, was initially enrolled in isc, i.e., the indian corps of signals/ r2 on 24.09.1941 and was .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... 25.01.1993, intimating the petitioner about the forfeiture of his entire pension. as per regulations 16 of the pension regulations for army 1960, the president has the discretionary power to grant pension. the petitioner cannot be put to double jeopardy for imposing two punishments for a single act. under section 14 of the army rules, 1954, the respondents ..... petitioner, as per cbi report there was a criminal conspiracy hatched between the petitioner, sri ml khatri then age, sri vk malik then sa, sri r.s.gohlote contractor and his representative shri.j.p.upadhyaya. absolutely there is no material placed before this tribunal to show when the criminal conspiracy was hatched and whether ..... 1986. the chief engineer mes jaipur invited tenders for resurfacing of runway of jodhpur airfield during november, 1985 to april, 1986. the contract was awarded to m/s. rattan singh ballot who was the lowest tenderer for rs.2,18,00,599/-. the site was handed over on 11th november, 1985 and work commenced on .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... for the army 1961 (part i), an army personnel who was dismissed under the provisions of the army act is ineligible for pension or gratuity, the discretion lies with the president to grant service pension or gratuity. the learned counsel for the petitioner would contend that some leniency would have been shown by the competent authorities who ..... the submissions made by the learned counsel mr. kesava rama koteswara rao appearing for the petitioner as well as by mr.e.selvaraj, junior counsel for mr.s.haja mohideen gisthi, scgsc, appearing for the respondents and considered their respective submissions. even though the petitioner has not challenged the order of dismissal awarded by the ..... action arisen within the jurisdiction, then the petition is not maintainable. the said dictum was also reiterated in air 1985 sc 1289 (state of rajasthan vs. m/s.swaika properties and others), 1994(4) scc 711 (oil and natural gas commission vs. utpal kumar basu and others) and 1994(4) scc 710 (aligarh muslim .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... for grant of maintenance allowance at 33% per month and for endorsement of her name for family pension without following the remedy available to her within the department. as per section-11 of the pension act, 1871, and regulation 59 of pensions regulations for the army, 1961 (part i) and para 28 of army order 1950, pay and ..... 1st applicant being the wife of the 4th respondent was living in adultery with one udhayasurya of arni, which is supported by letters given by the panchayat board president, and sp of police. he would also submit that the investigation report received by the respondents 1 to 3 revealed the illicit character of the 1st applicant ..... the pension records of the 4th respondent ? 4) whether the application is not maintainable in law ? 5) to what relief the applicants are entitled for ? 6) whether the 4th respondent is entitled to the reliefs as asked for in the additional counter affidavit ? 7. heard mr. m.k. sikdar and s. biju, learned counsel for the applicants, .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... and promoted as captain on 17.04.1967 and relieved from service on 30.06.1969 and was sanctioned pension in the year 1973 as per the special army instructions no.ai 6/s/65 under pension pay order no.s/3483/73 with effect from 01.07.1969. in the mean time, the applicant joined hindustan aeronautics ..... broadly summarised as below:- the tribunals are competent to hear matters where the vires of statutory provisions are questioned. however, in discharging this duty, they cannot act as substitutes for the high courts and the supreme court which have, under our constitutional set up been specifically entrusted with such an obligation. their function in ..... shall not entertain any question regarding the vires of their parent statutes following the settled principle that a tribunal which is a creature of an act cannot declare that very act to be unconstitutional. in such cases alone, the concerned high court may be approached directly. all other decisions of these tribunals, rendered in cases .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... to the respondents to give the notional extension of service of 121 days, which according to them is the shortage for grant of service pension, but without any response, which made the petitioner to appeal before the president of india through his petition dated 27.12.1998. in their reply dated 12.03.1999, the respondents would contend that the shortage ..... . the respondents in their common counter would contend that the petitioner without asking for relief of extension of service for 121 days for claiming pension, had filed an appeal to the president of india on 27.12.1998. there is an abnormal delay of 23 years in filing this petition. the petitioner has not given any explanation as to why he ..... years for his rank and that there is a shortage of 121 days in granting the pension. the writ petition filed by the petitioner viz w.p.no.11101 of 1999 was transferred to this tribunal as per section 34(2) of the armed forces tribunal act 2007 and renumbered as t.a.no.184 of 2010. 2. the short facts .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... disappearance instead of waiting for 7 years. 7(a) government of india, ministry of defence, letter no.12(16)/86/d (pension service), dated 3rd june 1998 reads as follows- 2. the president is therefore pleased to decide that when a member of the indian armed forces is declared missing while in service, the family will ..... police to apprehend the individual without further delay. the individual neither rejoined voluntarily in the unit nor apprehended by civil police. accordingly, under the provisions of army act section 106, a court of inquiry was conducted after completion of 30 days by the unit which declared the individual as deserter. part ii order to this ..... followed while conducting the said court of inquiry. 6(a) at this juncture, the learned senior central government standing counsel mr.s.haja mohideen gisthi would interpret and say that section 106 of the army act says that if a person declared absent does not afterwards surrender or is not apprehended, he shall, for the purposes of .....
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