Court : Armed forces Tribunal AFT Regional Bench Chennai
L.t. Gen. (Retd) Anand Mohan Verma, Member-Administrative: 1. The petitioner seeks disability pens ion from the date of his discharge fromthe Army. 2. The petitioner was enrolled in Madras Engineering Group (MEG) on 14 December 2001. His date of birth is 12 July 1983. During training at the MEG, Bangalore he fell unconscious and was taken to Command Hospital Air Force(CHAF) Bangalore on 04 September 2002 where he was diagnosed as a case of Generalised Seizure Disorder 345 G 40 Y . He was referred to Command Hospital, Pune for opinion of the specialist who opined that the petitioner suffered from the above mentioned disease and was unfit to drive, not to handle firearms and not to go near moving machinery. He was brought before Invaliding Medical Board on 15 February 2003 and his medical category was lowered to S1H1A1P5E1. His disability was assessed to be 20% for life and not connected to service being a Constitutional Disorder. The petitioner was discharged from Army on 17 March 2003 ...
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L.T. Gen (Retd) Anand Mohan Verma (Member-Administrative) 1. This O.A. has been filed seeking requesting the General Court Martial proceedings dated 01.02.1989 against the petitioner be declared null and void and to direct the respondents to give all monetary, pensionary and attendant benefits as if the applicant had retired in the normal course of his service in the rank of Subedar. 2. The facts of the case are that the petitioner was enrolled on 13.2.1963 in Madras Engineering Group and rose to the rank of Naib Subedar. He participated in 1965 and 1971 wars. On 12th July 1986, there was an alleged theft of television set and some cash from the residence of an officer in the petitioners unit 14 Engineer Regiment at Siliguri. About seven jawans working as helpers to the officers were questioned in connection with this alleged theft. The petitioner claims that the interrogation included third degree methods which he tried to prevent. The interrogation led to a minor outbreak of defiance...
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V. Periya Karuppiah-Judicial Member 1. This application has been filed by the applicant seeking for grant of disability pension from 11.11.1981 along with 12 % interest and also for grant of compensation of Rs.1,00,000/- for the mental tension, stress and strain underwent by him from 11.11.1981, after setting aside the impugned order dated 30.3.2012 passed by the fourth respondent in stoppage of disability pension, as arbitrary, illegal and violative of principles of natural justice. 2. The applicant joined in the army as a boy on 5.1.1974 in MEG Centre, Bangalore and was trained in Boys Company. He was also a good athlete and a boxer. On his application to the Company Commander, he got into office cadre. The applicant had won various boxing and athletic titles including 1978-79 II INF Troops Boxing Championship, 1979-1980 Division Troops Boxing Championship, 1979-1980 II INF Troops Boxing Championship (Pune), 1979-1980 Division Troops Athletic Meet (Regiment) and 1979-1980 5000 mtrs, ...
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V. Periya Karuppiah-Judicial Member: 1. This application has been filed for grant of disability pension to the applicant from the date of entitlement with all consequential benefits after setting aside the proceedings of the first respondent in discharging the services of the applicant from the respondent department with effect from 16.09.1993 and to declare that the proceedings of MoD Letter No.7 (2659)/99/D (Pen A and AC) dated 14.8.2000 and MoD Letter No.2 (219)/93/D (Pen-C) dated 2.12.1996 as illegal, arbitrary and contrary to the provisions of Pension Regulation for the Army, 1961 and violative of the Articles 14 and 20(1) of the Constitution of India with interest at 12% per annum. 2. The case of the applicant as stated in the application would be that the applicant hailed from a poor Dalit family in Gantasalapalem Village, Krishna District, Andhra Pradesh and he studied upto XII standard and he was selected for NDA through UPSC in 1987. He joined NDA and studied there for 3 yea...
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ORDER(Order of the Tribunal made by Justice ACA Adityan)The applicant challenging the order of discharge under the impugned order has approached the Honourable Andhra Pradesh High Court at Hyderabad for setting aside the impugned order. After the constitution of the Armed Forces Tribunal under the Armed Forces Tribunal Act, 2007, under Section 34 of AFT Act, the said Writ Petition has been transferred to this Tribunal on the point of jurisdiction and renumbered as T.A.No.119 of 2009 and was dismissed for default once and the same was restored to file as per the order in M.A.No.5 of 2012 today.2. As per the applicant, he had enrolled as a Soldier in the Indian Army with effect from 25th February 2002 and while serving, he went on leave from 07.04.2008 to 08.05.2008 and due to some family circumstances, viz., sudden heart attack of his father-in-law, he could not report to his Unit after the expiry of the leave. According to the applicant, he had asked for extension of another one month ...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
ORDER(Order of the Tribunal made by Justice ACA Adityan)1. The widow of Late Nb Sub R.Arunagiri has come forward with this application for second family pension (Army family pension) challenging the impugned order of the 3rd respondent vide No.JC-51981/Pen (f/67), dated 17.04.2009.2. According to the applicant, her late husband viz., Nb Sub R.Arunagiri, JC 51981, was employed in the Army between 1974 and 1994. After his discharge from the Army he was re-employed in Canara Bank and he died in harness on 19.01.1999. After the death of her husband, she was drawing Family Pension from Canara Bank as per the Rules and Regulations of the Bank. On 27.07.2001, a notification was issued by the DP and PW Office (Annexure -1) whereby the widow or next of kin (NOK) is entitled to receive both civil as well as Army family pension. The said order was also circulated to all Sainik Welfare Department Offices only on 03.04.2006 (Annexure -2). The applicant came to know about the notification only in 20...
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ORDER(Order of the Tribunal made by Justice ACA Adityan)1. The applicant had filed Writ Petition No.21810 of 2000 before the Honourable High Court of Andhra Pradesh challenging the impugned orders of the respondents. After the constitution of this Armed Forces Tribunal, Regional Bench at Chennai, the said Writ Petition has been transferred to this Tribunal under Section 34 of the Armed Forces Tribunal Act and renumbered as T.A.No.11 of 2011. Practically this is an appeal against the conviction of the Court Martial under Section 15 of the Armed Forces Tribunal Act 2007.2. The applicant-Umesh Kumar Singh is represented by his father Sri Chandrapati Singh. The applicant had filed the Writ Petition before the Honourable High Court of Andhra Pradesh at the time when he was in Central Jail, Visakhapatnam, undergoing sentence of 8 years of Rigorous Imprisonment as per the verdict of the 1st respondent dated 12.10.1999. The 2nd respondent by its order dated 06.07.2000 reduced the period of Rig...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
December 2009...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
(Order of the Tribunal made by Justice ACA Adityan) 1. This is an appeal under Section 15 of the Armed Forces Tribunal Act 2007 against the impugned order of conviction and sentence of dismissal for an offence under Section 38(1) of the Army Act rendered by SCM, which was confirmed by the 1st respondent, under order No.CF/14438641A/05/A3, dated 03.12.2009. 2. Before the Court Martial, P.W.1 to P.W.5 were examined and Exhibits 1 to 7 were exhibited. 3. The charge levelled against the accused/appellant is under Section 38(1) of the Army Act, which reads as follows:- at field on 26th February 2007 absented himself from the place of his duty as he failed to rejoin his unit 13 Rashtriya Rifles (KUMAON), on expiry of the part of annual leave granted to him from 5th January 2007 to 25th February 2007 until voluntarily surrendered at Arty Centre, Nasik Road Camp on 17th April 2008 at 10.30 hours. 4. P.W.1 Maj SK Mukherjee, speaks about the surrender of the appellant/accused on 17.04.2008 and s...
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(Order of the Tribunal made by Justice ACA Adityan) 1. This appeal has been preferred under Section 15 of the Armed Forces Tribunal Act 2007. 2. There were eight charges framed against the applicant on 29.07.2000. (i) The first charge is, under Army Act Section 63, an act prejudicial to good order and military discipline in that he, at Secunderabad, on 4th September 1999, improperly obtained for himself sick-in-quarters for 72 hours, from the Duty Medical Officer, Military Hospital Secunderabad, whereas actually he was advised only light duties by MR-4059X Lt Col KRM Rao, Classified Specialist (Medicine and Cardiology) at the aforesaid hospital, as he well knew. (ii) The second charge is, under Army Act Section 41(2), disobeying a lawful command given by his superior officer in that he, at Secunderabad, on 2nd July 1999, having been ordered by IC-28423K Brig SS Dhaka, SM, the Commandant, Army Ordnance Corps Centre, Secunderabad, vide movement order No.C/20502/Pos/A3/CHQ dated 1st July ...
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