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Latest Cases Home > Latest Court: armed forces tribunal aft principal bench new delhi Page 11 of about 311 results (0.164 seconds)

Mar 19 2012 (TRI)

Craftsman G Raju Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

1. The OA No.208/2009 was filed in the Armed Forces Tribunal on 15.12.2009. 2. Vide this OA, the applicant has sought for quashing and setting aside of the impugned order of EME Records dated 31.05.2001 by which he was discharged from services, challenging that order being contrary to the Army Rule 13 and Medical Regulations for the Armed Forces. He has also sought reinstatement back into service with grant of consequential benefits in terms of seniority, service, pay and allowances and promotion as admissible. An application under Section 22 of the Armed Forces Act, 2007 has also been filed alongwith OA for condonation of delay in filing the original application. 3. Brief facts of the case are that the applicant was enrolled in the Indian Army on 18.07.1985. In Jan-Feb 1998 the applicant fell sick and was diagnosed as Neurotic Depression. It is averred that he was having domestic problems. On 31.5.2001 he was declared S-2(P) and thus he was discharged after issue of show cause notice ...

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Mar 19 2012 (TRI)

Sepoy Ravinder Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

1. This petition was originally filed on 05.02.2009 before the Honble High Court of Delhi as WP(C) No.802 of 2009. Thereafter, it was transferred to the Armed Forces Tribunal on 05.02.2010 and was registered as TA No.508/2010. 2. Vide this petition, the applicant has sought setting aside of the discharge order issued by Army Medical Corps Records, Lucknow dated 27.01.2005 (Annexure P-1) by which he was discharged being LMC(P) case. The applicant has also sought reinstatement into service with all consequential benefits which include pay and allowances, continuity of service, promotion with ante date seniority. 3. Brief facts of the case are that the applicant was enrolled as a Sepoy in the Army Medical Corps on 25.02.1995. In Feb 2002, the applicant suffered from Primary Hypertension while serving in the counter insurgency area of Doda, Jammu and Kashmir and was downgraded to LMC P-2 (P). 4. Subsequently, the applicant was discharged from military service on 01.06.2005 on the grounds o...

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Mar 19 2012 (TRI)

Hav (Opr.) Sumer Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

1. This petition was originally filed before the Honble High Court of Delhi as WP(C) No.5961 of 1998. Thereafter, it was transferred to the Armed Forces Tribunal on 05.12.2009 and was registered as TA No.586/2009. 2. Vide this petition, the applicant has sought directions to the respondents for declaring the applicant having been promoted to the rank of Naib Subedar w.e.f. 01.02.1998 with all consequential benefits. 3. Brief facts of the case are that the applicant was enrolled in the Indian Army on 12.04.1977. After completing his training, the applicant was posted to various field regiments and he also acquired civil qualification of Matric during his service. The applicant passed his Map Reading Standard-One on 05.11.1983. Operator Class-I exam on 14.4.1984 and Driver MT Class III exam on 30.11.1990. Since the applicant earned professional qualification, he was promoted as a Naik on 10.03.1989 and Paid Acting Havildar w.e.f. 01.02.1992. He was further promoted as Substantive Havilda...

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Mar 16 2012 (TRI)

Ex. Sep. Balinder Pandey Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

S.S. Dhillon, Member: 1. Petitioner is aggrieved by the illegal award of the General Court Martial (GCM) held on 3rd June 1995 by which he was sentenced to suffer life imprisonment and to be dismissed from service for an offence under Section 302 of the Ranbir Penal Code (RPC). He is also aggrieved by the Government of India, Ministry of Defence letter of 9th September 2002 whereby his statutory complaint has been rejected in the most arbitrary manner without due application of mind. 2. The Petitioner was enrolled in the Indian Army on 18th March 1983 in the Army Service Corps (ASC). During the relevant point in time he was posted to 898 Animal Transport (AT) ASC Battalion which was at that point of time located in the hostile counter insurgency environment of Jammu and Kashmir. The incident for which he was punished occurred on 17th January 1994 at approximately 7.15 in the evening when liquor was being issued, the Petitioners loaded rifle Butt No. 95 accidentally fired a shot killing...

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Mar 16 2012 (TRI)

Ex Rfn/Wm Jagsir Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

1. The OA No.235/2011 was filed in the Armed Forces Tribunal on 31.05.2011. 2. Vide this OA, the applicant has prayed for quashing and setting aside of the order of termination from service dated 03.06.2006 (Annexure A-1) with all consequential benefits and compensation. 3. Brief facts of the case are that the applicant was enrolled in the Indian Army in the Regiment of Rajputana Rifles as a tradesman (Washer Man). After completion of training he was posted to 19 Rajputana Rifles (19 Raj Rif) as Rifleman/Washerman (Rfn/WM). 4. The applicant was married on 22.11.1997 to Ms. Anita and their marriage was solemnised under the Christian rites. However, no child was borne out of the said wedlock. Owing to certain differences, the relationship between them got further strained. It is further alleged that the applicant was under tremendous family pressure and therefore, became a patient of Depression. 5. It is contended by the applicant that Ms. Anita, wife of the applicant filed a complaint o...

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Feb 24 2012 (TRI)

Angrej Singh Vs. Chief of Army Staff

Court : Armed forces Tribunal AFT Principal Bench New Delhi

1. The applicant had filed this WP(C) no. 3227/99 in the Honble High Court, Delhi. The case was subsequently transferred to this Tribunal on 07.01.2010 and registered as T.A. No. 322/10. 2. The applicant vide his petition has prayed for setting aside the discharge order dated 31.01.1997, to reinstate the applicant and allow with consequential benefits. 3. The brief facts of the case are that applicant was enrolled in the Army on 15.04.1996 as recruit. He was discharged after 10 months and 17 days of training on 31.01.1997(Annexure A-1). After discharge he submitted an application to know the cause of discharge to the Commandant, Para Regimental Training Centre on 04.07.1997. He also sent a reminder through a legal notice on 02.06.1998. Respondents replied to his application and the legal notice on 10.09.1998 (Annexure A-8) in which it was said that the individual was granted discharge based on his own request. On 08.02.1999 he again made a representation to the respondents in which he ...

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Feb 17 2012 (TRI)

Era Rakesh Kumar Aggarwal Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

Petitioner vide this petition has challenged the impugned order passed by the respondents on 23.04.2004. Respondents have raised a preliminary objection of delay in filing the present petition. Petitioner was enrolled in the Indian Navy on 09.08.1973. At the time of enrolment, he was medically fit and declared S1A1 which is akin to Shape I of the Indian Army. Subsequently he was boarded out of the Indian Navy on 26.02.1981 on account of Epilepsy. At the time of discharge, a Release Medical Board was held which though quantified the assessment of disability as 30% but declared his ailment of Epilepsy as neither attributable to military service nor aggravated by military service vide letter dated 23.04.2004. Therefore, petitioner was not granted disability pension from the date of discharge till date. The grievance of the petitioner is that he be granteddisability pension from the date of discharge till the year 2006 @ 30% of disability pension and from 2006 till date @ 50% of the disabi...

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Feb 08 2012 (TRI)

Ex Sep Ahibaran Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

1. This case was originally filed before the Honble High Court of Delhi as WP(C) No.5337 of 1999. The Delhi High Court has dismissed the same case on 18.03.2008 for lack of jurisdiction with liberty to the applicant to file the petition in a court having jurisdiction over the matter. Aggrieved by the said order, the applicant filed a SLP No.4858/2009 before the Honble Supreme Court. The Honble Apex Court disposed off the SLP on 13.07.2010 and remanded the case to this Tribunal for further adjudication on merits. 2. Vide this petition, the applicant has prayed for quashing of the discharge order dated 31.05.1996 alleging that it has been passed before fulfilling the conditions for minimum period of service for pension. He has further prayed that he be re-instated immediately with all consequential benefits which include back-wages, seniority, promotion, increments etc. 3. Brief facts of the case are that the applicant was enrolled in the Army as a Sepoy in the Corps of EME on 15.07.1983...

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Feb 07 2012 (TRI)

Maj (Retd.) Rajesh Kumar Bhardwaj Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

Petitioner vide this petition has prayed that cut-off date mentioned in the Notification dated 29.09.2009 to the extent of pre and post distinctions of 01.01.2006 for grant of disability pension to those persons who have voluntarily retired prior to 2006 may be quashed. Petitioner was commissioned in Indian Army on 27.12.1982 in Army Medical Corps after having been found fit in all respect. He served with various medical units of Indian Army from 1983 to 1996. During 1996, due to peculiar nature of service and hazardous atmosphere, petitioner suffered two disabilities namely Tear Anterior Cruciate Ligament and Medical Meniscus (Left) and subsequently he was placed in low medical category S1 H1 A3 P1 E1. On account of disabilities, petitioners movements became restricted causing difficulty in performance of his normal duties, therefore, he sought Page premature retirement after 15 years of service. Respondents vide order dated 07.01.1997 approved the request of the petitioner for premat...

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Feb 03 2012 (TRI)

Lt Col Hardeep Sandhu Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

1. The OA No.15/2011 was filed in the Armed Forces Tribunal on 11.01.2011. Earlier it was dismissed by the AFT vide its order dated 13.01.2011. Against the said order, the applicant approached the Honble High Court of Delhi and obtained the order dated 25.05.2011 whereby the Honble High Court has remitted back the case to the AFT. Further, the Honble High Court also issued a stay order to the transfer/posting of the applicant from the present place of posting. As per the directions of Honble High Court, the case was again taken up for hearing in the AFT to its original number. 2. Vide this OA, the applicant has prayed that the action of the respondents by not to accept the application for premature retirement (PMR) be declared as unjust, arbitrary and against the fundamental rights as guaranteed under the Constitution. He has further prayed to quash and set aside the impugned orders dated 09.10.2006 (Annexure-A-1) which deals with letter of resignation, letters of 08.04.2009 and 12.03....

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