Court : Armed forces Tribunal AFT Regional Bench Chennai
(Order of the Court was made by Justice ACA Adityan) 1. The petitioner has challenged the impugned order of the fourth respondent vide No.2582718/SP/176/PG-1, dated 05.03.2002, an order of dismissal, before the Honourable High Court of Andhra Pradesh at Hyderabad by way of filing W.P.No.17753 of 2002 and the same, after the constitution of the Armed Forces Tribunal, has been transferred to this Tribunal and reassigned T.A.No.65 of 2009. 2. The short facts in the affidavit to the petition filed by the petitioner sans irrelevant particulars for the purpose of deciding this petition are as follows:- The petitioner joined in the Army Service on 05.09.1981. The petitioner has got three awards in his 11 years of service viz. Samanya Seva Medal, Videsh Seva Medal and Special Seva Medal by the Army authorities. On the ground of over-staying of leave, the petitioner was dismissed by the fourth respondent under Section 39(b) of the Army Act without giving any sufficient reason vide Proceedings N...
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, retired NCO Clerk had approached the Honourable High Court of Judicature, Andhra Pradesh at Hyderabad vide Writ Petition No.25413 of 2003 for declaring the letter No.6878822/PEN/NER/COORD dated 29.05.2003 of the second respondent in denying him the promotion to Naib Subedar, as illegal and unjustified. On transfer to the Armed Forces Tribunal, Regional Bench Chennai, the petition is re-numbered as T.A.No.90 of 2009. 2. The short facts pertaining to the petition and relevant to the examination of the petitioners case are as under: 2(a) The petitioner was working as a Lower Division Clerk in Chittoor Municipality. On the eve of War with China, he joined duty on 04.01.1963 by enrolling himself in the Army (AOC) as a clerk (GD). The Municipal Commissioner Chittoor had relieved him to permit the petitioner to join the army duty. 2(b) The petitioner would state that he was a departmental candidate and was enroll...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
(Order of the Tribunal made by Justice ACA Adityan) 1. The petitioner, who was discharged from service as per the impugned order of the third respondent in No.MTT/c.826/1/2/Trg, dated 25th February 2003, for the relief of promotion to the cadre of Sergeant on par with the petitioners entry-mates or in the alternative discharge the petitioner from service immediately with Sgt rank pension benefits with 183 days of leave encashment benefits etc, has filed W.P.No.10247 of 2003 and also filed W.P.No.33903 of 2003 challenging the impugned order of the second respondent vide No.RO/2503/1/Rtd(Dis) dated 5.11.2003 challenging the order of discharge before the Honourable High Court of Judicature, Madras. After the constitution of the Armed Forces Tribunal, Regional Bench at Chennai, in furtherance of the enactment of the Armed Force Tribunal Act, 2007, both the petitions were transferred to this Tribunal and reassigned T.A.Nos.125 and 126 of 2009 respectively. 2. The short facts in the affidavi...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
(Order of the Tribunal made by Justice ACA Adityan) 1. The petitioner has approached the Honourable Madurai Bench of Madras High Court by way of filing W.P.No.3970 of 2006 challenging the impugned order of the second respondent in Ref.No.1040634/SP/PG(PPO) dated 16.02.2006 and consequently, claimed pension after taking into consideration the past boy service rendered by him. After the constitution of the Armed Force Tribunal, Regional Bench at Chennai, after the enactment of the Armed Forces Tribunal Act 2007, the said Writ Petition was transferred to this Tribunal and renumbered as T.A.No.08 of 2010. 2. According to the petitioner, he had put in 12 years of army service from 1964 and had also served in Boys Service in Indian Army from 30.05.1964. On 15.06.1966, the petitioner was posted to Indian Army and during 1971 Indo-Pakistan war, the petitioner participated in the same and he was honoured with Presidential Award for his meritorious services. The petitioner was discharged from A...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
(Order of the Tribunal made by Justice ACA Adityan) 1. The petitioner, who is having two opinions of the Medical Board to his credit one in favour of him and another against the interest of him, has approached the Honourable Madurai Bench of Madras High Court, claiming disability pension by way of filing W.P.No.10859 of 2007, which was transferred to this Tribunal after the constitution of this Tribunal, under the Armed Forces Tribunal Act 2007 and renumbered as T.A.No.15 of 2010. 2. The short facts of the case of the petitioner in the affidavit to the petition relevant for the purpose of deciding this petition sans irrelevant particulars are as follows:- The petitioner has joined Indian Army as Trainee Sepoy and after putting 19 years and 9 months of service, he was compulsorily discharged from service on medical ground. The petitioner had served at Kuppuwara Sector Jammu and Kashmir for nearly three years and three months. While he was serving in the station, he got afflicted with th...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
(Order of the Tribunal made by Justice ACA Adityan) 1. The petitioner originally got an order of disability pension later lost the same due to the opinion of the Re-assessment Medical Board dated 28.04.2003. In furtherance of the impugned order from the Artillery Records, Nasik Road Camp, Maharashtra, dated 23.08.1996, the petitioner has moved the Honourable High Court of Andhra Pradesh by way of filing W.P.No.7521 of 1997 got a final order dated 26.06.1997, and thereafter filed W.P.No.19660 of 2003 challenging the impugned order which has been passed after the directions of the Honourable High Court of Andhra Pradesh in W.P.No.7521 of 1997. After the constitution of the Armed Forces Tribunal, Regional Bench, Chennai, in pursuance of the enactment of Armed Forces Tribunal Act 2007, the said W.P.No.19660 of 2003 has been transferred to this Tribunal and renumbered as T.A.No.87 of 2009. 2. The short facts of the case of the petitioner in the affidavit to the petition relevant for decidin...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
(Order of the Tribunal made by Justice ACA Adityan) The petitioner, who was discharged from service on the basis of the medical invalidment of suffering from Schizophrenia, had approached the Honourable High Court of Judicature at Madras by filing W.P.No.39695 of 2002 for grant of disability pension challenging the impugned orders of the third respondent vide No.RO/2706/602482/NERW (DP-5) dated 28th May 1981 and No.RO/2706/602482/ P and W (DP) dated 16.07.2001. After the constitution of the Armed Forces Tribunal, Regional Bench, Chennai, after the enactment of the Armed Forces Tribunal Act, 2007, the said petition was transferred to this Tribunal and renumbered as T.A.No.130 of 2009. 2. The affidavit to the petition in brief runs as follows:- The petitioner had enrolled in the mighty Indian Air Force on 04.07.1969 in the trade of Radio Operator. At the time of enrolment, the petitioner was in sound health. The petitioners conduct and character were assessed as Exemplary. However, the p...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
(Order of the Tribunal made by Justice ACA Adityan) 1. T.A.No.123 of 2009 was disposed of by this Tribunal on 06.04.2010. The said petition was dismissed as withdrawn with liberty to challenge the G.O.No.12(16)/86/D Pens/Sers, Government of India, Ministry of Defence, dated 03.06.1988, before the appropriate forum under Article 226 of the Constitution of India. The petitioner Smt.Roja Ramani had filed the said T.A.No.123 of 2009 for grant of family pension with effect from 29th March 1992 ie., the due date of reporting back from leave for duty of her husband or from 26th March 1992 ie. From the date of issue of apprehension roll by the Commanding Officer. She has challenged the order of the respondents vide letter No.14571886 / Court Cases / Pen dated 17.09.2008. The said impugned order was passed by the respondents as per the directions given in the Judgment dated 13.06.2007 passed in W.P.No.20256 of 2007 filed by the same petitioner Smt.Roja Ramani. The said impugned order was passed...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
(Order of the Tribunal made by Justice ACA Adityan) 1. The unfortunate petitioner, who had AFMSF-16 / opinion of the Invaliding Medical Board in his favour, after getting an order of rejection of the disability pension from the second respondent, ultimately knocked at the doors of the Honourable High Court of Andhra Pradesh by way of filing W.P.No.12250 of 2005, the same, after the constitution of the Armed Forces Tribunal, Regional Bench at Chennai, after the enactment of the Armed Forces Tribunal Act 2007, has been transferred to this Tribunal and assigned T.A.No.77 of 2010. 2. The short facts in the affidavit to the petition relevant for deciding this case sans irrelevant particulars are as follows:- The petitioner enrolled in the Army on 09.11.1984 in the Artillery Centre and at the time of joining Indian Army, he was placed under the medical category AYE. After the training, the petitioner was posted at high altitude area and he was assigned the job of Mess-waiter in the Army clos...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
(Order of the Tribunal was made by Justice ACA Adityan) 1. The unfortunate mother of a solider, who served in the Army and before completing his service ended his life by committing suicide with an army weapon, had knocked at the doors of the Honourable High Court of Judicature at Madras (Madurai Bench), with a writ petition, which has been transferred to this Tribunal after the formation of this Armed Forces Tribunal under the Armed Forces Tribunal Act, 2007 and reassigned T.A.No.26 of 2010. 2. The short facts in the affidavit to the petition relevant for the purpose of deciding this petition run as follows:- The petitioners son viz. V.Titus was enrolled in the Army under the Madras Regiment and his number was assigned as L / NK No.2599729 and he had committed suicide with the army weapon on 28.10.2004 when he was in service at Trivandrum camp. He was the only earning member of the family of the petitioner. The petitioners son late V.Titus had married one Sudharani on 20.09.2004 and t...
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