Court : Armed forces Tribunal AFT Regional Bench Chennai
1. The petitioner has filed the earlier petition W.P.No.4473 of 2004 challenging the impugned order passed by the first respondent in 5 BRD/C/5706/1/732/P1 dated 5th May 1986 and also the order of confirmation passed by the third respondent in Air HQ/41012/158/M/PA(CC) dated 19th August 2003, with a request to give necessary direction to the respondents 1 to 4 to discharge the petitioner from service under Rule 15(2) of the Air Force Rule 1969. While the said Writ Petition is pending, the petitioner filed another W.P.No.8773 of 2006 once again challenging the order of the respondents in letter No. Air HQ/41012/158/M/PA (CC) dated 19.08.2003 and also to discharge him from service. Both the Writ Petitions were transferred from the High Court of Madras to this Tribunal after the constitution of the same after passing of the Armed Forces Tribunal Act 2007 and reassigned T.A.Nos.138 and 139 of 2009 respectively. 2. The short facts in the affidavit to the petition in T.A.No.138 of 2009 relev...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
(Order of the Tribunal made by Lt Gen (Retd) S Pattabhiraman) 1. The petition before us is of a petitioner seeking disability petition after having been discharged on grounds of Schizophrenic Psychosis (ICD 295) after two years of service. The petitioner petitioned vide Writ Petition No.20480 of 2002 at the Honble High Court of Judicature, Andhra Pradesh at Hyderabad and on transfer to the Armed Forces Tribunal, Regional Bench, Chennai in accordance with the passage of the Armed Forces Tribunal Act, 2007, the same has been re-numbered as TA No.68 of 2009. 2. The short facts in the petition for examination of the case are set out as under: 2(a) The petitioner joined the Indian Army as a Safaiwala on 26.10.1995 in the Jammu Kashmir Rifles. At the time of enrolment into the Army, the petitioner was medically examined and found to have no organic, constitutional or psychological ailment. On joining the Army and on being subjected to rigorous work, the petitioner suffered serious sickness a...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
(Order of the Court was made by Justice ACA Adityan) 1. The petitioner, an Ex sergeant in the Indian Air Force, had challenged the impugned order of the Second Respondent in Air HQ/41002/577/M/PA(CC), dated 05.02.2004, signed by Air Vice Marshal, ACAS (PA and C) for and on behalf of the Second Respondent, as illegal and also to settle the petitioners claim in lieu of the Government of India, Ministry of Defence order dated 31.10.1990, by way of filing W.P.No.5536 of 2004 before the High Court of Judicature at Madras, which has, after the formation of the Armed Forces Tribunal, Regional Bench at Chennai, after passing of the Armed Forces Tribunal Act 2007, been transferred to this Tribunal and reassigned T.A.No.6 of 2010. 2. The facts in brief as narrated in the affidavit to the petition relevant for the purpose of deciding this petition sans irrelevant particulars are as follows:- The petitioner was discharged from service as Sergeant on 31.05.1991 after he had put in 29 years of dedic...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
(Order of the Tribunal made by Lt Gen (Retd) S Pattabhiraman) 1. The case before the Tribunal is of the petitioner seeking reinstatement into service, contesting his discharge on medical grounds. The petition bearing WP No.13666 of 2001 in the Honble High Court of Judicature, Andhra Pradesh at Hyderabad, on transfer to this Tribunal in accordance with the passing of the Armed Forces Tribunal Act, 2007, has been re-numbered as TA No.58 of 2009. 2. The short facts of the case for examination of the petition are set out as follows: 2(a) The petitioner was enrolled into the Madras Engineering Group and Centre at Bangalore on 07.09.2000 after due qualification in the written test as also the medical examination on 09.05.2000. The petitioner, while undergoing training, was sent to Secunderabad for medical examination where the petitioner was detected to be having alternate divergent squint and recommended for invalidment on medical grounds. The petitioner was, thereafter, discharged w.e.f. 3...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
(Order of the Court was made by Justice ACA Adityan) 1. The petitioner, who had filed the W.P.No.8552 of 2004 before the Honourable High Court of Andhra Pradesh claiming Family Pension for his deceased mother. After the constitution of the Armed Forces Tribunal, Regional Bench at Chennai, as per the provisions of the Armed Forces Tribunal Act, 2007, the said Writ Petition was transferred to this Tribunal and reassigned T.A.No.62 of 2010. The petitioner has challenged the impugned order in Letter No.1397449/Pen(f)/109 dated 23.02.2004 emanated from the first respondent. 2. The short facts in the affidavit to the petition relevant for deciding this case are as follows:- The petitioners father Late Shri G.Ayyanna worked as Sapper (No.1397449) in the 13 Engineer Regiment and he died on 10.04.1987 while in service. The petitioners mother Smt.G.Yellamma had applied for payment of Family Pension. But the respondents have rejected the claim. Thereafter, the petitioners mother had approached th...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
(Order of the Court was made by Justice ACA Adityan) 1. The petitioner, who had approached the Honourable Madurai Bench of Madras High Court for disability pension, which was rejected under the impugned order, by way of filing W.P.No.3956 of 2008, which has subsequently been transferred to this Tribunal after the constitution of the same under the Armed Forces Tribunal Act, 2007 and renumbered as T.A.No.18 of 2010. 2. The short facts as narrated in the affidavit to the petition relevant for the disposal of this petition are as follows:- The petitioner was enrolled in the Indian Army on 25.05.1962 and discharged from service with effect from 19.07.1964 on medical grounds. After undergoing the required training, he was issued with a certificate of Technical Proficiency on 30.09.1963 and was boarded as black smith. During his course of employment, he got injured in his right hand middle finger. Due to the severe injury on the finger, he lost the sense of touch inspite of the treatment giv...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
(Order of the Court was made by Justice ACA Adityan) 1. The petitioner, who has faced the charges under Section 52(a) of the Army Act and was convicted and sentenced to undergo three months imprisonment in Civil Prison and also dismissal from service, has challenged the impugned order of the Court Martial before the Honourable High Court of Andhra Pradesh by way of filing W.P.No.21374 of 2008, which has subsequently been transferred to this Tribunal after the constitution of the Armed Forces Tribunal, Regional Bench at Chennai, under the Armed Forces Tribunal Act, 2007. 2. The short facts relevant for deciding this petition in the affidavit sans irrelevant particulars are as follows:- The petitioner was enrolled as a Combatant Member of Indian Army on 10.10.2002 and was given a trade of Gunner in general duty and was posted under the Second Respondent after the completion of his training. The petitioner had put in four years of unblemished service in the Indian Army. While the petition...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
(Order of the Tribunal made by Lt Gen (Retd) S Pattabhiraman) 1. The case of the petitioner, an ex-Airman of the Indian Air Force, is one of claim for disability pension, filed as a Writ Petition No.7576 of 2006 in the Honble High Court of Judicature of Andhra Pradesh at Hyderabad and against the order of the appellate authority in rejecting the petitioners claim for disability pension. On transfer to the Regional Bench, Chennai of the Armed Forces Tribunal, on the coming into being of the AFT Act, 2007, the Writ Petition is numbered as TA 106 of 2010. 2. The short facts, for examination of the case, are set out as under: 2(a) The petitioners claim for disability pension was rejected by the third respondent in his communication dated 21.04.2005. Enrolled in the Indian Air Force on 27.09.1980 in medical category AYE as an Airman, the petitioner was discharged from IAF on 30.09.2000 on fulfilling the conditions of enrolment i.e., 20 years of continuous service. At the time of the petitio...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
(Order of the Tribunal made by Lt Gen (Retd) S Pattabhiraman) 1. The petitioner, an ex-Territorial Army (TA) Soldier (Guardsman), has challenged the impugned order of the first respondent dated 24.02.2006 rejecting the petitioners disability pension claim on discharge from the TA in the Honble High Court of Judicature at Madras vide Writ Petition No.2976 of 2006. On the enactment of the Armed Forces Tribunal Act, 2007, the petition has been transferred to the Armed Forces Tribunal, Regional Bench, Chennai and re-numbered as TA 07/2010. 2. The short facts in the petition for examination of the case is set out as follows: 2(a) The petitioner was enrolled in the TA as Guardsman on 19.11.1985 in Medical category AYE. The petitioner was posted in various places like Assam, Rajasthan and Madhya Pradesh and also took part in Operation Trident and Operation Bajrang. During his training session at Trichy, during organized Military games, the petitioner fell down and got a spinal injury on 03.11...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
(Order of the Tribunal was made by Justice ACA Adityan) 1. The petitioner, then Colonel of Indian Army had approached the Honourable High Court of Andhra Pradesh at Hyderabad in W.P.No.20468 of 2002 challenging the impugned order passed by the second respondent vide C/06270/SC/76/AG/Or.2/284/D (AG) dated 30.01.2002 which had deprived him his due promotion to the cadre of Brigadier and also monetory benefits including the pension and gratuity. After the constitution of the Armed Forces Tribunal, Regional Bench at Chennai, the said writ petition has been transferred to this Tribunal on the point of jurisdiction and reassigned T.A.No.53 of 2010. 2. The short facts in the affidavit to the petition filed by the petitioner relevant for deciding this petition are as follows: The petitioner joined the Indian Army in 1971 and was promoted to the rank of Colonel in the year 1993 considering the integrity and impeccable qualities of the petitioner, the petitioner was assigned the job to set the t...
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