Court : Armed forces Tribunal AFT Regional Bench Chennai
V. Periya Karuppiah, Member-Judicial: 1. This application has been originally filed before the Regional Bench of Armed Forces Tribunal at Chandigarh in O.A.No.1143 of 2011 for the reliefs: (1) to summon the original records of the Selection Board No.3 held in May 2009, December 2009 and December 2010 wherein the applicant was considered along with his batch mates for promotion to the rank of Col and declared unfit; (2) to summon the applicants ACR for the period from 18th January 2007 to 31st May 2007 and ICR for the period commencing from 1st June 2007 to 27th October 2007; (3) if on scrutiny of the records, the applicants eligibility for grant of promotion to the rank of Col in the above said Selection Boards had been barred because of the impugned counselling dated 4th September 2007 operating against him as a permanent bar, to quash the impugned counselling dated 4.9.2007 and to declare the applicant as duly empanelled provided it is found that OAP was superior or equal to the offi...
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L.t. Gen Anand Mohan Verma, Member-Administrative: 1. This application has been filed seeking relief of quashing first respondents letter No.C/07564/DV-3(B), dated 3.5.2003 and to direct the respondents to treat the order of dismissal as one of compulsory retirement to enable the petitioner to get pension and other terminal benefits. 2. The facts of the case are that the petitioner, who was enrolled in Aug 1989, was granted leave from 3.8.1999 to 14.8.1999, but he failed to rejoin Unit on expiry of theleave and rejoined on 10.3.2000. Thereafter, he again absented himself without leave with effect from 30.4.2000 and rejoined on 19.8.2000 , whereafter Summary of Evidence was recorded following which he was tried by a Summary Court Martial on 30.9.2000 in which a sentence was inflicted on the applicant as dismissed from service. He filed a petition against the dismissal order which was rejected by the then Chief of Army Staff on 3.5.2003. The petitioner filed O.A.No.36 of 2012 along with ...
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L.t. Gen. Anand Mohan Verma, Member-Administrative: 1. The petitioner was commissioned in the Indian Army (ASC) on 22nd August 1992 his date of seniority being 21st April 1993. He was considered for promotion to the rank of Colonel by No.3 Selection Board held on 3rd May 2011 in which he was not found fit for promotion. His Statutory Complaint against non-empanelment was rejected. Thereafter, he filed this O.A. seeking relief of setting aside/expunging five (5) impugned CRs and grant of other reliefs as prayed for in the Statutory Complaint and be considered for promotion to the rank of Colonel at par with his batch mates as a fresh case, be promoted notionally with seniority and consequential benefits and pass further or other orders as deemed fit. The impugned CRs are for the periods from 1st June 2001 to 31st January 2002, assessment of RO and SRO and HTO in the CRs from 1st June 2006 to 31st May 2007, from 1st June 2007 to 14th April 2008, from 1st June 2008 to 31st December 2008 a...
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V. Periya Karuppiah, Member (Judicial)]: 1. This application was transferred from the file of Honble High Court of Judicature of Andhra Pradesh at Hyderabad in W.P.No.6746 of 1993 and was taken on file by this Tribunal and re-numbered as T.A.No.01 of 2013. 2. The Writ Petition in W.P.No.6746 of 1993 was originally filed by the applicant for issuing a Writ of Mandamus or any other appropriate Writ or directions or order declaring the proceedings under the Court of Inquiry which is constituted vide letter No.213682/48/ASA/A2 dated 8.2.1993 of General Officer Commanding (GOC), Madras-9, as null and void; to direct the respondents to pay all the salaries, emoluments, consequential to the service benefits to the petitioner with effect from 1.10.1996 and in future and to pay compensation for violation of the constitutional rights of the petitioner and also to pass such other and necessary reliefs in the circumstances of the case. 3. The factual matrix of the applicants case as stated in the ...
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Lt Gen Anand Mohan Verma, Member-Administrative: 1. This application has been filed by widow of Ex-LAC S. Muthumariappan praying for quashing the impugned order of the respondents vide their Letter No. 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. The petitioner through her application and pleadings of her learned counsel Mr.S.P.Ilangovan and Mr.B.A.Thayalan, learned counsel representing the counsel for the petitioner would state that the husband of the petitioner was enrolled on 17th November 1962 on the terms of engagement of 9 years in colour service and 6 years reserve liability. On completion of 9 years of colour service, he was not transferred to Reserve service, but was retained till 25th July...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
V. Periya Karuppiah, Member Judicial: 1. This application has been filed by the applicant seeking for the grant of eligible Reservist Pension and benefits due after calling for the records relating to the impugned order of the respondent made in Air HQ/99798/3/SP/DAV dated 11.3.2013 and for other reliefs. 2. The facts of the case which are necessary for the purpose of consideration would be as follows :- The applicant was enrolled in the Indian Air Force as Combatant on 15.3.1962 on an engagement for the term of 09 years Regular service and 06 years Reserve service. The applicant ought to have been transferred to the Reserve List on 15.3.1971, but was retained in colour service itself due to Indo-Pakistan war in the year 1971. The applicant took part in 1965 and 1971 Indo-Pakistan wars. Despite the applicant opted for Reserve service, he was released from Air Force on 12.3.1973 on completion of 10 years and 363 days of Regular service due to disbandment of units and establishments and ...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
V. Periya Karuppiah, Member (Judicial): 1. This application has been filed by the applicant for the grant of eligible Reservist Service pension and benefits due to the applicant after setting aside the impugned Order of the 3rd respondent made in RO/2801/1/Cell/10/PandW (SP) dated 12.1.2012, and for other reliefs. 2. The case of the applicant as stated in the application would be as follows :- The applicant was enrolled in the Indian Air Force as Combatant on 19.10.1963, on the engagement terms of 09 years Regular Service and 06 years Reserve Service. After completion of 09 years colour service on 19.10.1972, the applicant was retained for five additional months due to national emergency. Due to disbandment of units and for want of vacancy in the Reserve List, the applicant was discharged from Regular Colour Service on 9.3.1973. The applicant took part in 1965 and 1971 Indo- Pakistan wars and was decorated with several medals. He had rendered 09 years and 141 days of regular active ser...
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L.t. Gen. (Retd) Anand Mohan Verma (Member-Administrative): 1. Petitioner seeks relief to quash respondents letters No.A/47063/R/1SB/SIGNS/MS(X), dated 27th July 2010, even No. dated 4th January 2011 vide which the petitioner was informed he had not been selected for promotion and even No. dated 10th August 2011 vide which he was informed his case had been Withdrawn, No. A/45501/107/2010/SC/MS(X)/276/SE/2010-D(MS), dated 15th March 2011, vide which his Statutory Complaint against non-empanelment was rejected and No. A/45501/107/2010/SC/MS(X), dated 31st March 2011 vide which request for a waiver of CR gap was rejected, and consequently direct the respondents to promote the petitioner to the rank of Major General at par with his batch mates with all attendant benefits and pass such other order or orders as may be deemed fit. 2. The facts of the case are that the petitioner was considered for promotion by No.1 Selection Board in October 2010 and was not empanelled. He was considered by t...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
V. Periya Karuppiah, Member (Judicial): 1. This is an application filed by the applicant praying to set aside the impugned Order No.Air HQ/99798/2/679535/DAV(DP) dated 18.2.2013 passed by the 2nd respondent and to direct the respondents to grant Invalid pension, from 1.1.2006 as recommended by VI Central Pay Commission and to pay the minimum pension of Rs.3500/- together with eligible dearness allowance per month with costs. 2. The facts as enumerated in the application would run as follows :- The applicant was enrolled in the Indian Air Force after due medical examination as Meterological Assistant on 10.7.1984 and was posted to various stations and he was discharging his duties well without any interruption or disturbance. The applicant developed some sort of sickness due to the climate and other conditions in the work place at Gorakhpur and his vision was affected. When he was referred to medical specialist at Bangalore, it was found that he was not fit for the trade for which he wa...
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Common Order: L.t. Gen. (Retd) Anand Mohan Verma, Member-Administrative: O.A.No.11 of 2013 1. For the purpose of convenience, the applicant in O.A.No.11 of 2013 will be referred as petitioner in the order, hereinafter. This application has been filed by the petitioner seeking relief to quash the opinion of the Review Appeal Medical Board dated 9th April 2012 and AEC Records Letter No.CA1/MRO/03/2011, dated 3rd September 2011. M.A.No.66 of 2012 in O.A.No.10 of 2012 2. This application has been filed by the respondents seeking appropriate order to enable the Army authorities to proceed with the case as per rules and regulations on the subject matter in O.A.No.10 of 2012 as per the order of this Tribunal dated 13th February 2012. 3. The facts of the case are that the petitioner was enrolled in Army Education Corps (AEC) on 27th September 1991. He was placed in Low Medical Category S3 (Temporary) for 6 months with effect from 4th December 2008 due to Schizo Affective Disorder Manic Type (F...
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