Judgment Search Results Home > Cases Phrase: reserve and auxiliaryair forces act 1952 section 29 pay and allowances Page 1 of about 3,728 results (0.622 seconds)

V.S. Richards Vs. the State of Karnataka, Rep. by Its Secretary, Depar ...

Court : Karnataka

Reported in : ILR2003KAR3582; 2004(1)KarLJ98

..... the petitioner next contended that he is liable for being appointed to 'regular air force reserve' under the reserve and auxiliary air forces act, 1952, and therefore he should be deemed to be in the service of the union government for a period of six years after his discharge on 30.4.1986. ..... ;(c) any officer or airman who has served in the air force and has ..... government to raise and maintain a 'regular air force reserve' consisting of persons transferred to it under section 5(1) of that act, that is,(a) any officer or airman of the air force who under the terms and conditions of his service is liable to serve in any air force reserve if and when constituted;(b) any officer or airman of the air force whose commission or engagement in the air force has been terminated before the commencement of this act and who under the terms of his commission or engagement was liable to serve in any air force reserve if and when constituted ..... at the time of discharge from the air force, his pay scale was rs. .....

State (S.P.E., Hyderabad) Vs. Air Commodore Kailash Chand

Court : Supreme Court of India

Reported in : AIR1980SC522; 1980CriLJ393; (1980)1SCC667; [1980]2SCR697

..... in other words, the respondent was transferred to the auxiliary reserve air force under the provisions of the reserve and auxiliary air forces act 1952 (hereinafter to be referred to as the 'act') and rules thereunder. ..... period of service- (1) every member of the regular air force reserve shall be liable to serve in the reserve-(a) if he is transferred to the reserve under sub-section (1) of section 5, for the period of his reserve liability; and(b) if he is appointed to the reserve under sub-section (2) of section 5, for the remainder of the period for which he was liable to serve in the air defence reserve or the auxiliary air force, as the case may be:provided that the competent authority may require any such member to serve in the reserve for such further period or periods not ..... constitution of regular air force reserve- the central government may raise and maintain in the manner hereafter in this chapter provided an air force reserve to be designated the regular air force reserve which shall consist solely of persons transferred or appointed to it under section 5.5. ..... this appeal by certificate is directed against the judgment dated 27th april 1973 of the andhra pradesh high court allowing the revisional application and quashing the proceedings taken against the respondent for offences committed under section 5(2) of the prevention of corruption act.2. .....

Ravail Singh and ors. Vs. State of Punjab Through the Chief Secretary ...

Court : Punjab and Haryana

Reported in : (1999)123PLR290

..... air force act, 1950 applies to all persons belonging to the regular air force reserve or the air defence reserve or the auxiliary air force in the circumstances specified in section 26 of the reserve and auxiliary air force act, 1952 (vide section 2(c).8. ..... under section 20 of the reserve and auxiliary air force act, 1952, the president may grant to such person as he thinks fit a commission as an officer in the auxiliary air force with the designation of rank corresponding to that of any commissioned officer in the air force. ..... in view of the provisions of indian force act, 1950 and the reserve and auxiliary air force act, 1952 which have been referred to above, i have no manner of doubt that the persons who have been enrolled under the reserve and auxiliary air force act, 1952 are members of indian air force and, therefore, they have to be treated as members of the military service. ..... under section 4, the word 'air force' is defined in sub-clause (iv) of the air force act as follows :-'air force means officers and airmen who by their commission, warrant, terms of enrolment or otherwise are liable to render continuously for a term air force service to the union in every part of the world or any specified pant of the world including persons belonging to (any air force reserve or the auxiliary (air force) when called out on permanent service.'7. .....

Shiv Prakash Trivedi Vs. State of M.P.

Court : Madhya Pradesh

Reported in : 2002CriLJ1157

..... this transfer was made under the reserve and auxiliary air force act. ..... it would be apparent from section 19(1) of the act of 1988 that a court having jurisdiction and power to take cognizance of the offences committed by a public servant mentioned in that section is prohibited from taking cognizance unless sanction in accordance with one of the clauses of that sub-section numbered (a)(b) and (c) is obtained previously and produced before the court. ..... section 19(1)(a)(b) and (c) and section 19(2) of the act of 1988 are being reproduced here for the purpose of facility :--19(1) : no court shall take cognizance of an offence punishable under sections 7, 10, 11, 13 and 15 alleged to have been committed by a public servant, except with the previous sanction :--(a) in the case of a person who is employed in connection with the affairs of the union and is not removable from his office save by or with the sanction of the central government, of that government;(b) in the case of a person who is employed in connection with the ..... the applicant is facing trial for commission of offences which are liable to be punished by section 468, 471, 120b of ipc and under section 13(1)(d) read with section 13(2) of the prevention of corruption act, 1988 (for short 'the act of 1988') or instead of the charges under aforesaid sections of the act of 1988 under section 5(1)(d) (for short 'the act of 1947).3. .....

R. Vijayadharan and Others Vs. Union of India, Represented by Its Secr ...

Court : Armed forces Tribunal AFT Regional Bench Kochi

..... law of general public importance are involved in the decision, namely:- (i) whether mere enrolment of an air force personnel for colour and reserve service together for a particular period without any order of transfer of the individual to the regular air force reserve in terms of section 5 of the reserve and auxillary air force act, 1952 is sufficient to treat him in air force reserve service for entitling him to claim reservist pension? ..... (iv) whether, without there being any order under section 5 of the reserve and auxillary air force act,1952 for transferring an air force personnel to regular air force reserve, the period of his reserve liability fixed by the respondents is liable to be added to the colour service for computing the total ..... rise in the future, knowing or intending that it would be acted upon by the other party to whom the promise is made and it is in fact so acted upon by the other party, the promise would be binding on the party making it and he would not be entitled to do back upon it, if it would be inequitable to allow him to do so having regard to the dealings which have taken place between the parties, and this would be so irrespective whether there is any pre-existing relationship ..... original applications, for the direction to the respondents to sanction and pay the reservist pension to them, as all of them had been initially enrolled for 9 years colour and 6 years reserve service and the respondents were bound by the conditions of the enrolment. .....

Bhatt Jagdish Vs. the Director, Directorate of Auxiliaries and Reserve ...

Court : Armed forces Tribunal AFT Regional Bench Kochi

..... but by the letter dated 31st july 2007 sent by the air force record office to the applicant (annexure a6) the reason behind the discharge was stated as the applicant had failed to report on call up for air force service under section 25(c) of the reserve and auxiliary air force act, 1952 during emergency, in addition to the previous reason services no longer required specified in the discharge certificate (annexure a5). ..... when there was a conversation between the h.a.l on one hand and air headquarters and the government of india on the other and the h.a.l did not allow the applicant to join the required air force service during the china aggression, we are failing to understand as to how the applicant was held at fault in not obeying the call up letter dated 6th november 1962 of the air force. ..... i was not served with any disciplinary order/proceedings nor allowed to defend my position and status as a reservist functioning in a strategic defence project as i had committed no offence nor disobeyed superior's orders....... 18. ..... we consider it to be in the interest of justice to allow his claim for the payment of pension. ..... the original application is, therefore, partly allowed. ..... accordingly i.a.no.182 of 2012 is allowed. ..... in our view, the applicant's prayer for the condonation of the delay in filing the o.a is liable to be allowed. .....

M. Latha Vs. Government of India, Rep. by the Defence Secretary New De ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... (b) extension of service in the reserve on completion of the initial period of service in the regular air force reserve, an airman may be required by the competent authority to 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. ..... the petitioner would submit that had her husband been allowed to continue in the reserve list as per initial terms of engagement, he would have completed his reserve service and earned his service pension. ..... the respondents are directed to pay the arrears of family pension payable to the petitioner from 10th april 2010 onwards and shall pay regular family pension to her with immediate effect. ..... air hq/99798/3/sp/dav, dated 07 march 2013, for directing the respondents to grant the eligible reservist service pension and benefits due to the husband of the petitioner from the date of his discharge till his death and pay the family pension to the petitioner from the date of her husbands death and pay arrears with 12% interest. 2. ..... failure on the part of respondents will make them to pay arrears with interest at 9% p.a. .....

Abdul Munaf Vs. Union of India, Ministry of Defence, Rep By: the Defen ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... in the reserve on completion of the initial period of service in the regular air force reserve, an airman may be required by the competent authority to 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. ..... relationship to rise in the future, knowing or intending that it would be acted upon by the other party to whom the promise is made and it is in fact so acted upon by the other party, the promise would be binding on the party making it and he would not be entitled to go back upon it, if it would be inequitable to allow him to do so having regard to the dealings which have taken place between the parties, and this would be so irrespective whether there is any pre-existing relationship between ..... 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 central pay commission, government of india, only on 05.08.1994.under such circumstances, for the latches on his part, the monetary benefit is to be restricted to from august 1994 even though he is entitled for the ..... are of the firm view that the applicant is entitled for the reservist pension on and from 8.4.2010 to be calculated in accordance with rules and the respondents are directed to pass a pension payment order and to pay the arrears from the said date till this date within a period of three months .....

P. Dhanusmurthy Vs. the Defence Secretary, New Delhi and Others

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... (b) extension of service in the reserve on completion of the initial period of service in the regular air force reserve, an airman may be required by the competent authority to 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. ..... or affect a legal relationship to rise in the future, knowing or intending that it would be acted upon by the other party to whom the promise is made and it is in fact so acted upon by the other party, the promise would be binding on the party making it and he would not be entitled to do back upon it, if it would be inequitable to allow him to do so having regard to the dealings which have taken place between the parties, and this would be so irrespective whether there is any pre-existing relationship between the ..... 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 central pay commission, government of india, only on 05.08.1994.under such circumstances, for the latches on his part, the monetary benefit is to be restricted to from august 1994 even though he is entitled for the pension from 2nd april 1955. ..... the respondents are under the promissory estoppel, liable to pay the pension to the applicant since his service tenure would be 15 years, if both colour service and reserve service are clubbed. .....

Ex-sep. Mechangat Sethumadhavan Vs. the Union of India, Rep. by the Se ...

Court : Armed forces Tribunal AFT Regional Bench Kochi

..... there does not appear to be any provision in the present case of army which can be said to be in pari materia with section 5 of the reserve and auxillary air force act, 1952. ..... in our view, the said judgement is not attracted in the present matter as the above case had arisen under the reserve and auxillary air force act, 1952. ..... the second category of the officers or airmen are those whose commission or engagement in the air force has been terminated before the commencement of the act and who under the terms of their commissions or engagements were liable to serve in any air force reserve and lastly the officers or airmen who have served in the air force and have retired therefrom. ..... a legal relation ship to rise in the future, knowing or intending that it would be acted upon by the other party to whom the promise is made and it is in fact so acted upon by the other party, the promise would be binding on the party making it and he would not be entitled to do back upon it, if it would be inequitable to allow him to do so having regard to the dealings which have taken place between the parties, and this would be so irrespective whether there is any preexisting relationship between the parties ..... the applicant mechangat sethumadhavan, ex-sepoy no.6621203 has filed the instant original application for a direction to the respondents to sanction and pay him pension for the service he rendered in the indian army. 4. .....