Court : Armed forces Tribunal AFT Regional Bench Kochi
A.N. Varma, Member (J): By means of this Original Application, the applicant has prayed for a direction to be issued to respondents that he be declared as entitled to disability pension. 2. The applicant was enrolled in the Indian Army on 3rd September 1992 and after having rendered 10 years and 140 days of embodied service and 2 years and 254 days of unembodied service was discharged on 31.10.2005. Thereafter, the applicant during the course of training at DSC Camp Centre at Kannur, which he joined on re-enrolment, became anemic and his physical condition worsened. Thereafter he returned home and on account of his health condition was also admitted in the District Hospital. The applicant, however, did not join as a result of which he was discharged from service of DSC on 18.12.2006. Since there was no opinion expressed by the Medical Board, therefore, the question of grant of disability pension in the absence of such report is not admissible. 3. Regulation 178 of the Pension Regulatio...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
This application is by an Octogenarian, a retired officer of the Army, for grant of pro-rata pension and also for gratuity with interest challenging the impugned orders under Annexure A8, A11 and A13. According to the applicant, he had joined in the Indian Army in June 1949 and he was commissioned on 10.6.1951 after two years of training in the Military Academy. The applicant retired on 19.9.1964 under Rule 14 of the Army Rules, 1964 after earning a Qualifying Service of 13 years, 3 months and 9 days. During 1964, according to the applicant, one military nurse had fallen in love with him, but it later became a talk of the Unit and the applicant was forced to retire from service compulsorily on this ground on 19.9.1964 after serving for 13 years, 3 months and 9 days. The applicant after discharge had approached the competent authorities for his pension, but the request was turned down by the authorities, (Annexure A2 and A3). In the communication received from the office of the C.D.A.(P...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
A.C.A. Adityan, Member (J) This application has been filed before the Hon'ble High Court of Kerala at Ernakulam for the relief of disability pension by way of filing W.P.(C) No.18017/2009 and after the constitution of this Tribunal the same was transferred as per Sec.34 of the Armed Forces Tribunal Act, 2007 and assigned number T.A.145/2010. 2. The grievance of the applicant in a nutshell is that he had enrolled in the Indian Army on 3/9/2003 and due to inability 'Non Ossifying Fibroma (right) Tibia', a bone grafting was done on 18/8/2004 and the wound was completely healed. But the applicant was discharged from service under Rule 13 of the Army Rules, 1964. The applicant was not even issued with a discharge certificate (It is represented by the learned Central Government Counsel that subsequently discharge certificate has been furnished to the applicant). According to the applicant, at the time of discharge he has neither been sanctioned disability pension nor invalid pension. All his...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
A.C.A. Adityan, Member (J): This application is for second family pension. It is the admitted case of both sides that the applicant's late husband No.6355462, Ex.Sepoy Rajesab B. Mulla, ASC (MT) was discharged from the Army in November 1977 after earning the qualifying service for pension in defence and was consequently issued PPO No.S/37789/77 through the Treasury Officer, Belgaum with effect from December 1997 up to 5.8.1999, i.e. the date of his demise. After discharge from ASC (MT), Army Service, Ex-Sepoy Rajesab B.Mulla, the late husband of the applicant, was re-employed in the Life Insurance Corporation of India with effect from 14.3.1980 to 5.8.1999, i.e. till his date of death. Family Pension was granted by the Life Insurance Corporation of India to the applicant under Pension Order No.20/Eos/PC-660 dated 18.8.2000. The family pension granted by the LIC comes under the Employees Pension Scheme 1995. A true copy of the Scheme Certificate issued by the LIC is Annexure A3. The Gov...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
A.C.A.Adityan, Member (J) Heard the learned counsel appearing for the applicant who has made an endorsement as to the effect that the applicant is withdrawing the application with a liberty to challenge the impugned policy No.1362/CA/Stats-1/MES/202/LDC dated 09 December 2005 before the appropriate forum since this Tribunal has specifically been excluded from exercising the powers under Article 226 of the Constitution of India. The petition is dismissed as withdrawn with a liberty to challenge the impugned policy before the appropriate forum. Time two months....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
A.C.A.Adityan, Member (J): This application is for grant of disability pension. According to the applicant, who is a septuagenarian as on today, he joined as a Soldier in the Indian Army on 24.5.1961 and after serving in many places including field areas, he was deployed in 1962 Indo-China War at field area (NEFA action) and was also deployed in war field areas in Poonch-Rajory Sector in Jammu and Kashmir and he has also participated in the Second Field War in 1965. At that time he had developed some mental illness and was hospitalised for quite sometime. The Army awarded Sainia Seva Medal, General Service Meal, Reksha Medal etc. to the applicant. In total, he was awarded with seven such medals for his meritorious service. He retired from service on 11.01.1978 and his discharge certificate Number is 3588 (Annexure A1). The applicant was discharged on low medical category BEE (Permanent). The applicant is entitled to disability element of pension since he was boarded out on medical gro...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
Janardan Sahai, Member (J): The applicant, a Sapper in the Indian Army, was charged for an offence under Section 52(a) of the Army Act. A charge sheet dated 4.12.1989 was served upon him by the Commanding Officer stating that he committed theft of the property belonging to the Government. The charge sheet reads as follows: Charge Sheet The accused, No.1361565E rank Spr Name KP Raju, 315 Fd Pk Coy(11 Engr Regt) is charged with:- COMMITTING THEFT OF PROPERTY BELONGING TO THE GOVERNMENT in that he, at Field on 15 Oct 89, at 2130 h committed theft of clothing items mentioned below, the property of 409 Fd Coy, 11 Engr Regt. (a) Sleeping Bag No.1 (b) Blanket BK '' 3 (c) Net Mosquito '' 4 (d) Boot Ankle Prs. 2 (e) Coat Parks Outer Nos.2 (f) Towel Hand '' 4 (g) Hood winter '' 1 (h) Overall Combination '' 2 (j) Socks Wool Heavy Prs. 3 (k) Balclova Nos.3 (m) Trouser D '' 2 (l) Coat Parks inner '' 1 (n) Line Bedding '' 1 Sd/- (Pramod Kumar Vyas Colonel Place: Field Commanding Officer Date: 0...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
Janardan Sahai, Member (J): According to the applicant, he was in the service of Indian Navy for 12 years from 26.3.1970 to 30.11.1981, out of which two years was as Boy Service. The applicant has also stated in the T.A. that he wanted to continue in service, but was discharged from service on the ground engagement expired. The applicant aggrieved by the denial of service pension filed a writ petition in the Kerala High Court challenging the order dated 2.2.2006, Ext.P3, passed by the Bureau of Sailors, Cheetah Camp, Mankhurd, Mumbai denying him pension on the ground that he had rendered service for only 11 years 8 months and 4 days while the minimum Qualifying Service to earn service pension is 15 years as per Regulation 78 of the Navy (Pension) Regulations, 1964. 2. The respondents filed a counter affidavit in the High Court in which they have stated that the applicant was enrolled in the Indian Navy on 26th March, 1970 as a Boy and was discharged from service on 30th November, 1981 ...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
Janardan Sahai, Member (J): The dispute in this case relates to the grant of disability pension. According to the applicant, he had suffered disability of 20% attributable to military service. The case of the applicant as set out in the writ petition (present T.A.) is that he entered the Army service as a Driver on 19.3.1963. In para 3 of the petition, he has stated that while he was on duty as a driver at a Border Camp when unloading fuel barrels, one of them fell on his foot and he lost his toe and another finger of the right leg and he was declared temporarily handicapped and declared as Medical Category C (CEE) 40% unfit for six months. He was withdrawn from the Border Camp and was posted at a non-operational area to a unit at Meerut. On completion of six months of declaration as C category, he was produced before the Army Medical Board for reassessment of his disability at Medical Hospital, Devlali and the Medical Board declared him Category B(BEE) 20% unfit. He was then posted at...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
Janardan Sahai, Member (J): Heard Sri.T.R.Jagadeesh, counsel for the applicant and Smt.E.V.Moly, Central Government Counsel on behalf of the respondents. The claim for disability pension of the applicant was rejected by the pension sanctioning authority. The present O.A. has been filed against the order of the pension sanctioning authority and the order dismissing the appeal. It appears that the applicant was invalided out of service for the disability, Idiopathic Hypertension - 401. The Release Medical Board assessed the disability of the applicant at 20% for two years. In the opinion of the Release Medical Board, the disability was aggravated by military service. The Medical Officer attached to the office of the P.C.D.A., however, so it appears, disagreed with the opinion of the Release Medical Board and the claim of the applicant was rejected. After the rejection of the first appeal, the applicant has filed a second appeal, which too was dismissed on 1st December, 1997. The learned ...
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