In this post we will discuss about an Application for Revision of Pension in Armed Forces Tribunal for revision in his Pension as per the last rank (JWO) held by him and not as per a sergeant. Revision in Pension according to Last Rank In this post we will discuss about an Original Petition filed … Read more
In this post we will discuss about an application been filed by the applicant praying for revision of his pension in accordance with the last rank held by him before retirement on the basis of Govt. of india circular dated 09.02.2001, wherein it has been clarified that ten months continuous service in the last rank … Read more
In this post we will discuss about the grounds on which disability pension in army can be granted. Army Disability Pension for Disabilities during Tests. Lt. Col. MahendraKumari (Retd.) v. Union of India and Others. Allowing Original Application- Armed Forces Tribunal In the present case, the Applicant filed for an instant Original Application seeking to … Read more
This post talks about Jurisdiction of AFT CAT , NCLT DRT, High Court Chandigarh & District Court across tricity with relevant statute and weblink of the same. JURISDICTION OF VARIOUS COURTS/ TRIBUNALS/ JUDICIAL BODIES Supreme Court The Supreme Court has an original and exclusive jurisdiction to decide on disputes between the states or the centre … Read more
A claim for disability arises only if a person is invalided out of service because of his disability which is accepted as attributable or aggravated by his military service. any disability sustained during military service will be attributed to service conditions unless the disability was such that the disease could not have been detected on … Read more
This is a case judgment on the topic of rounding of Disability Pension by AFT Tribunal Regional bench Lucknow where the disease was attributable to military service. This post tells broad banding of disability/war injury element of pension with effect from 1.1.1996 irrespective of restriction of arrears upto 3 years or they retire post/pre 1996. … Read more
In this post, judgment digest of a case is covered where enhanced pension was awarded to soldier in the rank of Honorary Naib Subedar as per the last rank held by him but he was getting the service pension in the rank of Havildar. Enhanced pension from the date of Honorary Rank till death and … Read more
Validation of Order Application seeking Revision of Pension This post is a judgment digest on the topic of Revision of Pension Based on Last Rank held by the applicant irrespective of the fact whether he/she has not completed last rank of ten months before retirement has been dispensed by the circular by the Govt. Of … Read more
This post is a case digest of a judgment by Madras High Court on the issue of Dual Pension by kin of individuals in Army who served the state government later and what is the general rule/law on the said topic; whether they can claim both or not as per settled law? Rest, AFT Chandigarh/Chandimandir … Read more
In this post, we will know about Armed Forces Tribunal (AFT Chandigarh Bench/Chandimandir) frequently asked questions (FAQ). Also Read- AFT Chandigarh Bench Lawyers & Advocates Key Points Included: Establishment Benches Jurisdiction Salient Features Scope of Act Types of Matters Famous Judgements Conclusion Also Read- Military Pension as Per Length of Service-aft Chandigarh Establishment The Armed … Read more
In his last judgement by Justice Virender Singh has held that pension payable to pensioners be calculated on the basis of actual length of service and not as per maximum terms of engagement as per their rank. The decision is based on the master policy of MOD (Ministry of Defence), already approved by the cabinet … Read more
In Indian Army, every year many applicants are invalidated by the Medical Board by assessing disability on one or the other ground. Usually, it is seen whether the disease in question was attributable or aggravated by the medical service or not? To find it out, Medical Board is formed to assess applicant’s disease and further … Read more
EX SGT RAM AVTAR YADAV V. UNION OF INDIA ORS. In this case of Ex Sgt Ram Avtar Yadav v. UOI Ors., the petitioner, i.e., Ram Avtar Yadav had been denied the benefit of rounding off of the disability pension though he was entitled to disability pension @ 30 percent as he suffered 30 percent … Read more
Good news for SSCOs and ECOs (retired short service and emergency commissioned officers) as Supreme Court ordered restoration of Medical facilities in next two months. The MOD (Ministry of Defence) gave proposal of coming up with medical scheme and sought 6 months time which was clearly refused by Supreme Court. Also Read- DISABILTY PENSION BY … Read more
Disability pension is granted to the employees who are invalidated or terminated from his or her service due to any disability that has arisen in the course of service and due to service . In the Indian Armed forces, disability pension is granted to employees who suffer atleast 20% disability arising out of the military … Read more
Currently, the Army pays up to 33 per cent of pay and allowances as maintenance on the spouse’s application. The orders to pay the allowance are routinely passed by officers at the level of GOC-in-C of a Command. Also Read- ILLEGAL TERMINATION IN INDIA The Chandigarh bench of the Armed Forces Tribunal (AFT) on Friday … Read more
It is a matter of great joy and relief for a blind seapoy whose disability pension has been allowed by the AFT Tribunal Chandimandir after a long haul of 48 years . It took a real long time for blind seapoy to finally get the justice done. Seapoy worked in army only for two years … Read more
SC Court has upheld the decision of AFT Tribunal Lucknow of setting aside ‘Punishment of Reprimand’ on Charge of retaining electronic items recovered during Operation Bluestar in Amritsar. Also Read- ARMED FORCES TRIBUNAL ACT, 2007 Timeline of the case: 1 Chief of Army Staff refused to give substantive rank of Lt. Colonel by timescale to applicant … Read more
The Armed Forces Tribunal Act was introduced in the Parliament in December 2005 and was given the final nod by the President on 25th December 2007. This was one of the most significant steps in the history as the act provided for the set up of a tribunal to entertain cases related to armed forces. … Read more
Armed Forces Tribunal Act 2007 led to the formation of AFT Tribunals akin Military Tribunals across the country. It is deemed to be a criminal court for the sections of IPC and Chapter 26 of CrPC 1973.The idea behind formation of AFT Tribunals was to provide quick resolutions to service matters and disciplinary proceedings to … Read more
What could be termed as ‘stonehearted fashion’ while noting the contention of central government, in a proceeding before AFT Tribunal Chandigarh, a retired Army veteran got his dues after a long gap of 40 years i.e. War Injury Pension (WIP) from 1978 to July 2013. The argument before the tribunal by central government was that … Read more
LOC, we must be knowing it after the famous movie by director JP Dutta, LOC Kargil starring almost all A+ grade bollywood movie stars but rarely anyone knows about LAC until it caught the headlines when Armed Forces Tribunal (AFT)- Chandimandir issued notice to Ministry of Defence (MOD) for difference in pension scale of people … Read more
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