Court : Armed forces Tribunal AFT Regional Bench Jaipur
BY THE TRIBUNAL(PER HONBLE Lt Gen SUSHEEL GUPTA): 1. The applicant, Baidya Nath Ghosh had filed a writ petition in the High Court of Judicature for Rajasthan at Jaipur which has been transferred to the Armed Forces Tribunal, Regional Bench at Jaipur for adjudication vide order dated 11.11.2009 and registered as Transferred Application No.81 of 2009. In this petition, the applicant has prayed for quashing of the order dated 20.3.2006, by which two years extension granted to him had been cancelled and as also the order dated 9.7.2006, by which, the applicant had been asked to proceed on Pension Establishment w.e.f. 1.7.2007. 2. Brief facts of the case are, that the applicant was enrolled in the Indian Army on 27.6.1979 and was promoted in his own turn to the rank of Subedar. Consequent to the change in terms and conditions of service, the applicant was considered for extension of his service beyond two years i.e. from 28 to 30 years and was screened by a Board constituted for this purpos...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Jaipur
BY THE TRIBUNAL (Lt Gen SUSHEEL GUPTA): 1. The applicant, Bipul Rajkhowa has filed this Original Application in this Tribunal praying for granting him promotion to the rank of Naib Subedar w.e.f. 1.11.2009 or any other earlier date w.e.f. which his juniors have been promoted to the rank of Naib Subedar. 2. Brief facts of the case are, that the applicant, whose date of birth is 1st November, 1965, was enrolled in the Army on 28.11.1985 and promoted to the rank of Havaldar w.e.f. 1.7.2001 as per his seniority. The applicant successfully completed his Promotion Cadre Course from Havaldar to Naib Subedar conducted by the Bengal Engineer Group and Centre, Roorkee from 19.12.2008 to 18.4.2009. The applicant was thereafter screened for promotion to the rank of Naib Subedar along with all the Non-commissioned Officers of his seniority by a Board held in June-July, 2009. Whilst the applicant was found fit for promotion, he could not be promoted as the vacancy occurred only w.e.f. 1.11.2009, by ...
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BY THE COURT (BHANWAROO KHAN,J.) 1. The applicant, Harisingh, initially filed S.B. Civil Writ Petition No.5961 of 2009 before the Rajasthan High Court Bench at Jaipur, for quashing the order Annexure/16 dated 9.12.2008 whereby the disability pension granted to the applicant was stopped. He has also prayed that the Medical Board held on 8.10.2008 at Base Hospital, Delhi Cantt may be declared as illegal. 2. The brief facts leading to this application are: that the applicant was enrolled in the Indian Army in the year 1960 and was placed in reserve liability in the year 1967. Thereafter, he was re-enrolled in the DSC in the year 1985 and was invalided out of service on 25.7.1991 without subjecting him to Invaliding/Release Medical Board. However, on his representation, he was subjected to Invaliding Medical Board on 2.5.1992, which recommended him for medical category E with 100% disability but the applicant was granted 20% disability pension. In such circumstances, the applicant filed S....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Jaipur
BY THE COURT (BHANWAROO KHAN,J.) 1. The applicant Mohd Salim initially filed S.B. Civil Writ Petition No.6323 of 2008 before the Rajasthan High Court Bench at Jaipur, for grant of disability pension to him with effect from the date he was invalided out of service i.e. from 101.4.2003, which stood transferred to this Tribunal vide order dated 30.11.2009, and has been treated as Transferred Application. 2. The brief facts leading to this application are: that the applicant, Ex NK Mohd Salim, was enrolled in the Indian Army on 4.2.1984 and was discharged from service on 31.7.1999 under Rule 13(3)III(Iv) of the Army Rules, 1954 after completion of 15 years 5 months and 19 days of service, for which he was granted service pension. Thereafter, the applicant came to be re-enrolled in the DSC on 31.3.2002 and he was admitted in Military Hospital, Jalandhar Cantt on 19.8.2002 i.e. just four months and 19 days after his re-enrolement in the DSC and was diagnosed as case of affective psychosis ma...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Jaipur
BY THE TRIBUNAL:(BHANWAROO KHAN,J.) 1. The brief facts leading to this application are: thatthe applicant was enrolled in the Indian Army on 23.5.1957 and was discharged from service with effect from 31.5.1985 after completion of the term of his engagement under Rule 13(3)I(i)(a) of the Army Rules. At the time of his discharge, he was subjected to Release Medical Board, which assessed his disability at 40% for two years, aggravated by service. Thus, the applicant was granted 40% disability pension of the rank of Naik. According to the applicant, since at the time the applicant was subjected to Release Medical Board, he was holding the rank of Subedar, he should have been granted pension of the rank of Subedar with effect from 1.6.1985. 2. The non-applicants filed a detailed reply to the application and have submitted that the applicant was placed in low medical category in July 1966 for cervical sypondolysis temporarily for six months and thereafter, he was upgraded to medical category...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Jaipur
BY THE TRIBUNAL : The applicant, Hari Singh filed a writ petition for grant of disability pension with effect from 10.2.200 before Honble Rajasthan High Court, which stood transferred to this Tribunal for adjudication. Brief facts of the case are that the applicant was enrolled in the Territorial Army (Grendiers) on 22.5.1990 and was dismissed from service on 10.2.2000 under Sec.20 of the Army Act read with Rule 17 of the Army Rules, 1954 on the ground of remaining absent from duty. It was submitted that the applicant was the patient of Schizophrenia and he got his treatment from a Psychiatric of the Hospital of the Government of Rajasthan at Jaipur, therefore, a request was made for arranging a Medical Board to ascertain about disability of the applicant about the disease from which he was suffering. The non-applicants, in their reply have admitted the fact of the applicants joining of Territorial Army and rendering of 6 years 11 months 12 days service. It was submitted that the appli...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Jaipur
BY THE TRIBUNAL (Lt Gen SUSHEEL GUPTA): 1. The applicant, Lance Naik Subhash had filed a writ petition in the High Court of Judicature for Rajasthan at Jodhpur praying for quashing the order dated 21.4.2009, by which, he was declared failed in firing in the promotion test from Lance Naik to Naik and to grant him promotion to the rank of Naik with all consequential benefits. The writ petition was transferred under Sec.34 of the Armed Forces Tribunal Act, 2007 for adjudication by this Tribunal and admitted as Transferred Application No. 5 of 2009. 2. Brief facts of the case are, that the applicant whilst serving with 13th Battalion, The Kumaon Regiment posted at Siachen Glacier in Operation Meghdoot, sustained severe cold injury on 15.3.1999. Consequent to the injury, which was considered as Battle Casualty, the applicant suffered amputation of his Great Toe Right Foot and loss of tips of 2, 3 Toe-Entire 5th Toe and partial amputation of 5th finger through middle phalanx of left hand. As...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Jaipur
BY THE TRIBUNAL (Lt Gen SUSHEEL GUPTA): 1. The applicant, Havildar Kishan Singh had filed a writ petition in the High Court of Judicature for Rajasthan at Jaipur praying for grant of promotion to the rank of Naib Subedar and other consequential benefits including seniority, pay and allowances, which may have accrued to him from the date his juniors were promoted. The writ petition was transferred under Sec.34 of the Armed Forces Tribunal Act, 2007 for adjudication by this Tribunal and admitted as Transferred Application No.108 of 2010. 2. Brief facts of the case are, that the applicant was enrolled in the Corps of Military Police on 31.5.1978, was promoted as Naik on 9.9.1989 and further promoted as Havaldar on 1.4.1993. Whilst serving Provost Unit at Jaipur, the applicants Annual Confidential Report (ACR) for the year 2000 was initiated and reviewed, in which, he was awarded an Above Average i.e.; 4 points by the Initiating Officer (IO) and average grading i.e.; 2 points by the Review...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Jaipur
BY THE TRIBUNAL:(PER BHANWAROO KHAN,J.) 1. The applicant initially filed a writ petition for grant of reservist pension before the Rajasthan High Court Bench at Jaipur, which stood transferred to this Tribunal vide order dated 4.1.2011 for adjudication. 2. The brief facts leading to this application are: thatthe applicant was enrolled in the Indian Army on 24.3.1963 and after completion of about 7 years of colour service, he was transferred to Reserve establishment on 23.2.1970. Thereafter, he was employed in private sector with Goenka Factory Private Limited, Shilong (Assam). After completion of his reserve period, when he applied for grant of reservist pension, he was informed that since he did not report on duty on being recalled in the year 1971, he was declared deserter and was dismissed from service with effect from 30th April, 1975 under section 20(3) of the Army Act. It was submitted by the applicant that he never received any such correspondence or letter asking him to report ...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Jaipur
BY THE COURT: (BHANWAROO KHAN,J.) 1. The applicant, Udaibhan initially filed a writ petition before the Rajasthan High Court, Jodhpur for grant of disability pension from the date he was invalided out of service i.e. from 1.3.1987 and that writ petition came to be transferred to this Tribunal for adjudication. During the pendency of the writ petition, the applicant Udaibhan expired on 17.5.2007 and after his death, his wife was brought on record as his Legal Representative and she has further claimed for grant of family pension to her from the date her husband died, i.e. from 17.5.2007. 2. The brief facts leading to this application are: that applicants husband was enrolled in the Army on 17.5.1968 and he was promoted upto the rank of Subedar. He was invalided out of service on 1.3.1987. The facts regarding promotion and invaliding out from service are not in dispute. The Invaliding Medical Board of the applicant was held on 23.1.1987 and it found the applicants husband suffering from ...
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