Court : Armed forces Tribunal AFT Regional Bench Chennai
L.T. Gen. K. Surendra Nath, Member-Administrative: 1. This Original Application has been filed under Section-14 of the Armed Forces Tribunal Act, 2007, whereby the petitioner has claimed the following reliefs :- a) To call for the records pertaining to Order in L.No.7/653/95/D dated 24.12.96, on the file of the first respondent and quash the same; b) To direct the first respondent to continue the payment of disability pension, with effect from 8.5.1987. 2. In brief, the facts of the case are that the applicant was enrolled in the Indian Army on 2.11.1983 as a Sepoy after duly passing all necessary examinations and physical tests and relevant recruitment procedures in the Engineers. While undergoing training in Timber Bridge Crossing in the Regimental Centre, he slipped and fell down and in the said accident he had his right little finger crushed and it became useless. He was admitted in Command Hospital, Air Force, Bangalore, for treatment. He was placed in medical category EEE permane...
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V. Periya Karuppiah, Member (Judicial): 1. This application has been filed by the applicant for the relief to grant disability pension from the date of his invalidment on 27.01.1988 with 9% interest per annum towards the arrears and to order disability of the applicant at 40% pension being rounded off to 50%, in accordance with the letter of Government of India, MOD, dated 31.01.2001 and to grant Ex-Servicemen status and the benefits of Ex-Servicemen and also to grant other benefits. 2. The facts as stated in the affidavit would be as follows: The applicant was recruited in the Indian Army as Lance Naik/Clerk in the Mechanical Infantry Regiment on 07.12.1983. However, he was invalided out of service on 27.01.1988. The applicant served with utmost sincerity and hardwork and his tenure was an unblemished one. While serving in the army at Ambala Unit, the applicant had a sudden fall due to the terrible climatic conditions in snow bound area and he was admitted in Command Hospital, Chandig...
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V. Periya Karuppiah, Member (Judicial): 1. This application has been filed by the applicant as party-inperson for the grant of relief as per Circular No. 430, dated 10th March 2010 to fix the pension for the Honorary Naib Subedar rank with effect from 1.7.2009 at Rs.9382/- as the same was affirmed by higher Courts and to direct the respondents to release the applicants pension of Honorary Naib Subedar with arrears with costs. 2. The factual matrix of the case of applicant as contained in the application would be as follows: The applicant joined the Indian Army as Sepoy on 20.05.1963 and he was discharged in the rank of Havildar after completing 24 years of unblemished record. Accordingly, he retired on 01st June 1987 and after his retirement, he was conferred with the rank of Honorary Naib Subedar and was receiving pension on par with Honorary Naib Subedar. He appealed for grant of pension of Honorary Rank of Naib Subedar to the respondents by petition dated 15th September 2011. The OI...
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V. Periya Karuppiah, Member (Judicial): 1. This application has been filed by the applicant for the grant of relief to call for the records including Letter dated 27.03.2012 in File No.G2/II/Misc/2012 on the file of PCDA (P), Allahabad and to grant of pension benefits as per the recommendations of VI Central Pay Commission to the pre-1.1.2006 retirees and consequently to direct the respondents to extend the benefits of the Letter dated 12.06.2009 to the applicant who retired prior to 01.01.2006. 2. The factual matrix of the case of applicant as contained in the application would be as follows: The applicant joined the Indian Army as Sepoy on 20.08.1968 and he was discharged in the rank of Havildar after completing 24 years of unblemished record. Accordingly, he retired on 31.08.1992 and after his retirement, he was conferred with the rank of Honorary Naib Subedar and was receiving pension on par with Honorary Naib Subedar. The applicant was also issued Pension Payment Order No.S/019084...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
V. Periya Karuppiah, Member (Judicial): 1. Amendment carried out. Amended copy of Original Application is filed. Both the first applicant and the 5th respondent are present before this Tribunal. The learned counsel Ms. S.Kalaiselvi representing M/s F.X. Eugene and G.Thaveethu, counsel for the applicants and Mr. M.Selvaraj, learned counsel for the 5th respondent submit that the applicants and the 5th respondent are willing to go for a counselling in order to enter into a compromise between them. Accordingly, the first applicant and the 5th respondent entered into a counselling at our chambers in our presence and also in the presence of the learned counsel for the applicants, 5th respondent and learned Senior Panel Counsel along with learned Assistant JAG Officer. At the end of the counselling, they have entered into a compromise and they filed a joint memorandum in the afternoon, before Tribunal. The Joint Compromise Memorandum has been read over to the first applicant who represents on...
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V. Periya Karuppiah, Member-Judicial: 1. This application is filed by the applicant for the reliefs to issue a direction to the respondents to pay pension to the applicant in the rank of J.W.O Group-II (Group Y) with all consequential benefits with effect from 1.1.1996; to issue a direction to the respondents to revise and pay the revised pension as per the VIth C.P.C. Report with effect from 1.1.2006 and to pay the same with entire arrears; and to pay the arrears with 12% interest and for costs. 2. The factual matrix of the applicants case would be as follows :- The applicant joined the Indian Air Force on 22.8.1964 and his trade in the I.A.F. was Meteorological Assistant. He secured higher ranks due to sheer hard work and physical fitness and he was promoted to the rank of J.W.O with effect from 1.6.1985. He was discharged from service on 31.8.1985 after completing the service of 21 years and 10 days. His tenure at the rank of J.W.O was three months. As per Pension Regulations for th...
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L.t. Gen Anand Mohan Verma, Member-Administrative: 1. The petitioner has filed this Review Application requesting for reviewing the order of this Tribunal dated 5th June 2013 in O.A.06 of 2013 by granting service element disability pension with 50% disability with effect from the date of discharge, i.e. 29.12.1977. 2. The petitioner in his Review Application would state that the points raised in this R.A. are those his legal counsel Mr. M.K. Sikdar should have raised in his Original Application No.6 of 2013 when it was in progress due to which his case failed. The petitioner would go on to state the facts of his enrolment and Invaliding Medical Board in April 1984. He would state that when he was examined by a Medical Board at Base Hospital, Delhi Cantt., he was told by the medical specialist that since he had come through Court order, his disability percentage had been increased adding that since the petitioner knew the rules well he should get pension from Court. The petitioner would...
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L.t. Gen Anand Mohan Verma, Member-Administrative: 1. This application has been filed seeking the following reliefs: a) Quashing of opinion of the Release Medical Board, order of Army Medical Corps Records vide No.C/JC 692657 M/DP(I), dated 12th August 2011 and order of ADG Personnel Services, Adjutant Generals Branch vide No.B/40502/975/11/AG/PS-4, dated 17th August 2012; b) To declare the disability as aggravated by military service and direct the respondents to grant 20% disability pension (rounded off to 50%) for life along with interest, costs and with all consequential monetary benefits; c) To pass such further or other orders as this Tribunal may deem fit. 2. The facts of the case are that the petitioner was enrolled as Soldier (Pharmacist) on 17th August 1983 and after serving 28 years and 15 days, he was discharged in the rank of Subedar on 1st September 2011. He is in receipt of service pension. He was found to be suffering from a disease called œCHOROIDAL NEO-VASCULAR ...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
L.t. Gen Anand Mohan Verma, Member-Administrative): 1. This application has been filed praying for the following reliefs: (a) To set aside the impugned order/letter of the 2nd respondent in its Letter No.4541/2574395/NE-1dt. 21 June, 2012 as it is arbitrary, illegal, unjust and untenable; (b) To convert the classification of the death of the applicants husband from Physical Casualty into Battle Casualty, grant Liberalised Family Pension and pay all consequential monetary and other benefits to the applicant from the date of death of the applicants husband, i.e., from 11.09.1992; (c) Grant costs of this case and (d) Pass suitable further orders that may be deemed just and necessary in the circumstances of the case and thus render justice. 2. The facts of the case are that the petitioners husband late Havildar P.Singarayar who was serving with 14 Assam Regiment died on 11.09.1992 when the vehicle in which he was travelling from Srinagar to Leh fell into Indus River at a place 15 Kms from ...
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V. Periya Karuppiah, Member-Judicial: 1. This application has been filed by the applicant for the relief of grant of eligible disability pension and benefits due to the applicant as per law after setting aside the impugned order of the 2nd respondent in letter No.B/41052/VIP/AG/PS-5 of Integrated HQ, MOD (Army) dated 22.2.2013 as unconstitutional. 2. The factual matrix pleaded would be as follows :- The applicant was enrolled in the Indian Army in MRC on 27.9.1976 after undergoing rigorous physical fitness and medical examination. He was attested on 17.10.1977 and was posted to 1 Madras Regiment at Jaipur. The applicant was subjected to continuous training, prolonged marching and desert warfare exercises. At the same time, the applicant was also affected by natural calamities caused due to cyclone and floods at his native place which rendered his family members homeless. The application of the applicant for leave was also rejected. Due to mental worries and lack of rest and sleep depri...
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