Court : Armed forces Tribunal AFT Regional Bench Kochi
Thomas Mathew, Member (A) 1. The petitioner, widow of a soldier who died while in service is aggrieved by the respondents denying a compassionate employment to her daughter. This petition was filed before the Hon'ble High Court of Kerala and has now been transferred to this Tribunal. 2. The petitioner has averred that, her late husband, Havildar Balan Pillai died on 18.11.1992 while serving with Head Quarters, 5 Mountain Artillery Brigade in the North East. In the medical certificate the cause of death is shown as not known. The deceased is survived by his wife, daughter aged 10 years and a handicapped son aged 7 years. The son is permanently handicapped due to cerebral palsy assessed at 90% disability. Immediately after attaining majority her daughter applied for employment assistance under Dying-in-Harness Scheme of the Government on 10.7.2000. The 2nd respondent informed the petitioner that since the death of her husband is neither attributable to nor aggravated by military service ...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
Padmanabhan Nair, Member (J): 1. This proceedings is filed by an ex-serviceman who was discharged from service as he was included in low medical category. This proceedings was filed as a Writ Petition before the Honourable High Court of Kerala and transferred to this Tribunal consequent to its formation. 2. In the Writ Petition it is averred that petitioner was enrolled in the Army on 24.10.1978. After his training, he was enrolled as a Signalman and posted at various places. It is averred that while the petitioner was working in Bareilly in Uttar Pradesh, he developed serious migraine and treated for one month. It was revealed that he was suffering from Renal Calculus (RT OPTD). The disease relapsed when he was posted at Jhodpur where again he was treated for one month. It started recurring and he was referred to Medical Board where he was assessed as Low Medical Category, CEE (P), and found unfit for military service. The petitioner was not supplied with the copy of the findings of t...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
Padmanabhan Nair, Member (J): 1. The first petitioner, an ex-serviceman, who was invalided out of service on account of the disease, Schizophrenia, is challenging the decision of the competent authority by which he was denied the disability element of disability pension from 25.8.1998, the date of discharge till 5.4.2007. 2. The short facts necessary for the disposal of this case are as follows: The first petitioner is a disabled ex-serviceman who was invalided out of service on 24.8.1998 having found that he was suffering from Schizophrenia (295). The second petitioner is his wife, who is representing the first petitioner in this proceedings. The first petitioner was enrolled in the service of Army on 16.5.1989. He was selected in the sports quota. He has participated in Senior National Gymanstic Championship. According to the petitioners, in July 1997, while the first petitioner was practising in roman rings for inter service gymnastic championship, he fell down and his head hit the ...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
Padmanabhan Nair, Member (J): 1. The petitioner was working as a Commissioned Officer in Air Force. He was removed from service under Section 19 of the Air Force Act 1950 read with Rule 16(7) of the Air Force Rules 1969. He has filed this proceedings challenging the order of removal and for a direction for re-instatement and for other consequential reliefs, or in the alternative to grant him pro-rata pension and also ex-serviceman status. This Transferred Application was filed as a Writ Petition before the Honourable High Court of Kerala and the same was transferred to this Bench consequent to its formation. 2. Petitioner was enrolled in the Indian Air Force on 10.5.1994 as an Airman. Subsequently he was commissioned on 22.6.2001 as a Flying Officer in the Administrative Branch of the Indian Air Force as a Flight Controller. While serving at 503 Signal Unit at Delhi, petitioner submitted an application for permission to marry Miss Juliet Augustine, a resident of Idukki District in Kera...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
Thomas Mathew, Member (A). 1. The petitioner is an ex-serviceman who was invalided out of service after 16 years of service. Aggrieved by the denial of disability pension, this application was filed before the Hon'ble High Court of Kerala which has been transferred to this Tribunal. 2. The petitioner has averred that he joined the Army as a driver on 30.6.1977 and served in all parts of the country including field areas in the high altitude and in Himalayan valleys. Later in 1993, he developed symptoms of hearing difficulty and was admitted in Military Hospital. He was invalided out of service with effect from 23.12.1993 on account of disability 'Severe Bilateral Conductive Deafness'. Petitioner's application for disability pension was rejected by the respondent without showing sufficient reason. He made an appeal for reconsidering his claim to the respondent which has not been replied to by the authorities so far. Therefore, he approached the Hon'ble High Court and the petition was di...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
Padmanabhan Nair, Member (J). 1. This Original Application is filed by an ex-service man challenging Annexures A3 and A4 orders passed by the Defence Pension Disbursing Officer, Ernakulam. The applicant was enrolled in the Indian Navy on 17.1.1956 and was discharged on 10.03.1966, after putting in a service of 10 years and 53 days. He was discharged in low medical category. He was found suffering from Ischemic Heart Disease. His disability was assessed at 50% and was found attributable to service. It was specifically held that as he was included in low medical category he was not given extension of service and was discharged. Initially no disability pension was sanctioned. He made several complaints and in 1974 finally he was informed that disability pension was sanctioned to him from 11.3.1966 to 19.1.1968, for a period of two years. Subsequently, the same was extended and made for life. The applicant was receiving disability pension consisting of service element and disability eleme...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
Thomas Mathew, Member (A). 1. The petitioner is the widow of late Sgt. Geethanandan K.P. of the Air Force, who died while in service on 12.4.2005. She is aggrieved by the denial of employment assistance under indigent circumstances scheme of the government. 2. It has been averred by the petitioner that her application for employment assistance was made on 3.5.2005 immediately after the death of her husband. The respondents kept sending back the application for some additional documents and signatures. The application was finally accepted and it was conveyed to her that the same would be processed and she would be informed of the result. The respondents informed her vide a letter of 18.3.2008 that her application for employment has been rejected by the competent authority. 3. The petitioner has submitted that the respondents have not considered her poor financial condition which has been clearly brought out in the various certificates issued by the local administration. Her application ...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
Thomas Mathew, Member (A): 1. The petitioner served in the Army for six years and thereafter was dismissed from service. He is aggrieved by the order of the respondents and has filed this petition with the Hon'ble High Court of Kerala, which has now been transferred to this Tribunal. 2. The petitioner has averred that he joined the Army on 4.7.2000 and served in various parts of the country including Rajasthan, Jammu and Kashmir, and Gwalior. On 12.9.2001, he was admitted at Military Hospital ('M.H' for short), Pangode and thereafter at Naval Hospital, Kochi and then Air Force Hospital, Bangalore. He had developed some mental disorder while serving at Jammu and Kashmir. After his treatment, he was sent back to his unit. He was again admitted in M.H., Gwalior as the symptoms re-appeared. On 28.5.2005, he was sent on leave for treatment. Before his departure from his unit, he was made to sign some papers including the discharge certificate. 3. The petitioner has submitted that he was tak...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
Padmanabhan Nair, Member (J) Advocate Sri.Ramesh.C.R. appears for the petitioner and Advocate Sri. K.M.Jamaludheen, Senior Panel Counsel appears for the respondents. When the matter is taken up for hearing, it is submitted by the counsel for the petitioner that the petitioner is no more and the cause of action does not survive. So, the case has become infructuous. In view of the submission made by the counsel for the petitioner, the Transferred Application is closed as abated. Issue free copy of the order to both sides....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
Thomas Mathew, Member (A). 1. The petitioner is a soldier of the Indian Army, presently undergoing life imprisonment in a criminal case. He is aggrieved by the delay on the part of the respondents in finalising his pension document and thereby denying him the same. This petition was filed before the Hon'ble High Court of Kerala which has been transferred to this Tribunal. 2. The petitioner has averred that he was enrolled on 30.1.1986 and after training posted to 27th Battalion, Madras Regiment (27 MADRAS). During his service, he was implicated in a criminal case while on leave. This matter was known to his Commanding Officer and the Unit. The unit had given all the assistance to him to attend the court as and when the case was posted. He was transferred to the Headquarters at Trivandrum with effect from March, 1996 for three years to defend the case. Subsequently, he was posted with his unit at Kargil. He was then attached to 53 Infantry Brigade Camp. It has been submitted that he had...
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