Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
1. This is an application filed by the petitioner under Section 14 of the Armed Forces Tribunal Act, 2007, hereinafter referred to as said œAct?, for setting aside the order dated 15.06.2009 (Annexure A6) and for direction to the respondents to promote thepetitioner to the rank of Havildar along with all consequential financial and pensionary benefits. 2. Briefly stated the facts of the case are that the petitioner was enrolled in the Indian Army on 19.09.1985 as Gunner (General Duty) and served the Indian Army for a period of 19 years 4 months and 12 days. The petitioner alleged that while on annual leave in the year 2000 he met with an accident, sustained injuries and was admitted for treatment in the Military Hospital, Amritsar. It was alleged that due to the injuries sustained by the petitioner in December, 2000 he was initially placed in temporary low medical category and was granted Low Medical Category žA2 (Permanent)Ÿin the Medical Board held on 25.06.2003. It ...
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
This Full Bench was constituted to adjudicate whether claims and disputes related to Army Group Insurance Fund (AGIF) benefits were subject to jurisdiction of the Armed Forces Tribunal Act, 2007 and consequently could this Tribunal decide such matters. Reference for constituting Full Bench came about as a result of a number of judgments where, besides other pensionary and service related claims, the aspect of AGIF benefits were also involved and while deciding these matters, various Benches of the Tribunal had declined to address the issue of AGIF and referred such transferred cases back to the original Civil Court or had declined to go into this aspect in so far as the original applications were filed before this Tribunal. In this context, orders of this Bench in TA No.92 of 2010 Gajan Singh vs Union of India, TA No.814 of 2010-Premi Devi vs Union of India, orders of the Principal Bench in OA No.125 of 2009 Major Sagarika Singh vs Union of India, O.A No.82 of 2009 Ex Havildar Girdhari...
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
1. The present contempt petition has been filed by the petitioner for taking action against the respondents for initiating criminal contempt proceedings under Section 19 of the Armed Forces Tribunal Act, 2007 read with Section 15 of the Contempt of Courts Act, 1971 for willful disobedience of the order dated 21.10.2011 of this Tribunal. 2. Briefly stated the facts leading to the filing of the present application for initiating contempt proceedings against the respondents are that the petitioner had filed a Criminal Writ Petition No. 465 of 2002 against the respondents for issuance of a writ in the nature of Certiorari for setting aside the findings of the Summary Court Martial and quashing the sentence awarded by the Court at Annexures P-2 and P-3 and prayer for an order for reinstatement of the petitioner into service with all consequential benefits. The said writ petition was subsequently registered as TA NO. 463 of 2010 and was allowed by a Bench of this Tribunal vide order dated 21...
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
This application has been filed by the widow of Late Naik Rajpal Singh seeking directions for granting Special Family Pension from the date of death of her husband. The facts alleged are that the husband of the petitioner joined the Army on 28.10.1996 and died on 09.06.2001 in Army Hospital, Delhi Cantt due to HEMIPARESIS (RT) STROKE IN YOUNG. Although it has been specifically mentioned in the Certificate of attributability dated 02.02.2002 issued by the Medical Authorities at Army Hospital, Delhi Cantt, that the cause of death is attributable to military service for the following reasons œthat the disability arose due to infection contacted while in military service? (Annexure A1), the claim for grant of Special Family Pension was rejected by PCDA (P), Allahabad on 21.05.2002 with the observation that the death is neither attributable to nor aggravated by military service. This was intimated to the petitioner vide letter dated 21.05.2002 and the applicant was advised to forward ...
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
The facts alleged are that the petitioner is the widow of Late Shri Mali who was enrolled as a Sweeper (Safai Sewak) in the Army on 21.09.1965. He was discharged without any notice on 06.12.1981 from service as services no longer required in the interest of State under Army Rule 13 after serving for 16 years and 07 months. After his discharge, he made a number of representations to the authorities to grant pension and other benefits and during that period, he died on 16.06.1989. After the death of her husband, the petitioner sent legal notice dated 08.04.2010 for grant of Family Pension (Annexure A1). The respondents vide letter dated 27.04.2010 refused to release any pensionary benefits to the petitioner (Annexure A2). It is alleged that the discharge of the husband of the petitioner was without following the laid down procedure and, as such, was illegal whereas he should have been allowed to complete 20 years of service to earn service pension. With the above bare facts, the petition...
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
This petition has been filed seeking quashing of order dated 03.08.2009 discharging the petitioner from service and re-instatement of the petitioner in service. The facts alleged are that the petitioner was enrolled in the Army and while serving, married Paramjit Kaur daughter of Shri Gurdev Singh in 2003. Due to various reasons, they entered into a divorce deed mutually by way of Panchayati Talaknama on 17.12.2004 by way of customary precedent (Annexure A-1). Thereafter the petitioner married Nachhatar Kaur daughter of Shri Major Singh on 15.08.2006 and the petitioner has two daughters out of the wedlock. Both the parties to the earlier marriage moved the Lok Adalat by way of petition under Section 13B(1) of the Hindu Marriage Act, 1955 for decree of divorce by mutual consent and the same was allowed in favour of the parties and the marriage was legally dissolved by decree of divorce dated 21.03.2009 (Annexure A-2). Vide letter dated 03.08.2009, an order was passed terminating the ser...
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
This writ petition filed in the Honble High Court of Jammu and Kashmir at Srinagar is taken up on transfer to this Tribunal as an appeal against the finding and sentence of Summary General Court Martial (SGCM) under Section 15 of the Armed Forces Tribunal Act, 2007. The petitioner while being the Commanding Officer of 14 Wireless Experimental Unit (WEU) was tried by SGCM from 07.11.1999 to 29.11.1999 on the following charges (a) First Charge: Army Act Section 52 (b) DISHONESTLY MISAPROPRIATING PROPERTY BELONGING TO THE GOVERNMENT In that he, at Field, during October 1998, as Commanding Officer, 14 Wireless Experimental Unit, Dishonestly misappropriated nine trucks of coal Dust, the property of the government, costing Rs. 73,143/- (Rupees Seventy three thousands one hundred forty three only). (b) Second Charge : Army Act Section 52 (b) DISHONESTLY MISAPPROPRIATING PROPERTY BELONGING TO THE GOVERNMENT In that he, at Field, during October 1998, as Commanding Officer, 14 Wireless Experimen...
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
1. This is a petition under Section 14 of the Armed Forces Tribunal Act, 2007. 2. Briefly stated the facts as alleged by the petitioner are that he was enrolled in the Indian Army on 24th March, 2008. He was discharged from service on 3rd March, 2011 on the ground of having stated that he does not have any criminal case in any of the Courts of law, though on verification it was found that case FIR No.42 dated 27th June, 2007 under Sections 323,324,148 and 149 of the Indian Penal Code was registered against him and his family members in Police Station Nurpur Bedi, District Rupnagar, Punjab. 3. He alleged that he had disclosed about the police case and the police authorities had given a pre-verification averment and as such he had not concealed any facts. It was further alleged that based on the report of the police dated 26th November, 2010, from District Magistrate, Rupnagar (Punjab), that a criminal case stands registered against him, a show cause notice was served to him as to why hi...
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
1. By this petition the petitioner prays for the following reliefs: 1. œDirection to the respondents to quash order dated 10th May, 2012 issued by respondents as attached to Annexure A-3. 2. Direct to the respondents to release the promotion of the applicant w.e.f. 31 Jan 2011 and consequential benefits arising therefrom along with interest @ 18% p.a. 3. Or any other appropriate order or direction which this Honble Bench may deem fit and proper under the circumstances of this application.? 2. The brief facts of the case are that the petitioner joined the Army on 11th March,1981 and after rendering 30 years of service, retired as a Subedar on superannuation on 31st January,2011. 3. The grievance of the petitioner is that he was deprived of consideration for promotion to the next higher rank of Subedar Major. He represented to respondents No. 3 for being considered for promotion and before consideration of his representation he was retired on 31st Jan 2011 while the vacancy was cre...
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
1. By this petition, the petitioner prays for grant of disability pension with benefit of rounding off. 2. As per the averments of the petitioner, he joined the Army on 7th October, 1965 and was discharged from service on 1st November, 1989, as Havildar in Low Medical Category CEE (P) after rendering 24 years 24 days of service. During the course of service, he was posted at various high altitude, field areas and faced unsuitable and adverse atmosphere/environment which badly affected his health. As a consequence, the petitioner suffered serious health hazards which resulted in his disability. The petitioner suffered eye ailment/eye problem and vision loss permanently due to service conditions. The Medical Board diagnosed him as a case of MATURE CATARACT RT EYE (OPTD) IMMATURE CATARACT LET EYE (366). 3. It is further averred that as per order of Honble the Punjab and Haryana High Court reported in 2000(4) SCT 580, a very stringent medical test is taken at the time of entry into army se...
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