AFT Archives

Army disability pension for hypertension

Case Briefs Tribunals/Commissions/Regulatory Bodies

Armed Forces Tribunal grants disability pension to former army personnel suffering from primary hypertension

The applicant was enrolled in the Indian Army in 1985 in a fit state of health and mind, however, after 26 years of service he was diagnosed with primary hypertension @30% for life and was subsequently discharged.

Legal RoundUp Tribunals/Regulatory Bodies/Commissions Monthly Roundup

2022 Yearly Wrap Up | Anamnesis of Rulings and Judgments Rendered by Tribunals, Regulatory Bodies and Commissions

While we brace ourselves for 2023, we switch on our anamnesis mode and note down the significant decisions covered in the entire year of 2022 by Tribunals, Regulatory Bodies and Commissions

Legal RoundUp Tribunals/Regulatory Bodies/Commissions Monthly Roundup

DECEMBER 2022 WRAP UP: 22 captivating judgments of Tribunals, Regulatory Bodies and Commissions

Presenting to you tour d’horizon of all the significant decisions covered in the month of December 2022 of the Tribunals, Commissions and Regulatory Bodies.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether dismissal order served without show cause notice justified when there’s suspicion of involvement in espionage & anti-national activities? Armed Forces Tribunal decides

Armed Forces Tribunal (Lucknow Bench): The Division Bench of Justice Umesh Chandra Srivastava, Member (J) and Vice Admiral Abhay Raghunath Karve, Member

Case Briefs Tribunals/Commissions/Regulatory Bodies

Armed Forces Tribunal| A Cadet is akin to a probationer; can be discharged by employer if not meeting the medical standards required for military service

Armed Forces Tribunal (Lucknow Bench): The Division Bench of Justice Umesh Chandra Srivastava, Member (J) and Vice Admiral Abhay Raghunath Karve, Member

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Merely mentioning in Discharge book that cause of death was aggravated by military service not sufficient; Tribunal emphasises on need for medical opinion for Special Pension

Armed Forces Tribunal (Lucknow Bench): The Division Bench of Justice Umesh Chandra Srivastava, Member (J) and Vice Admiral Abhay Raghunath Karve, Member

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Punishment of “Severe Reprimand” after summary trial not a “service matter”; Tribunal has no jurisdiction to deal with such issues

Armed Forces Tribunal (Principal Bench): The Bench of Rajendra Menon, J., (Chairperson) and Lt Gen P.M. Hariz, Member (A) held that punishment

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | “Gross injustice done is a case of mind set and adhering to old junk system”; Tribunal imposes exemplary cost of Rs. 75,000 on government for not implementing the order of the High Court for about 23 years

Armed Forces Tribunal: The Division Bench of Justice Umesh Chandra Srivastava and Vice Admiral Abhay Raghunath Karve, Member (A) slammed the Union

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Pension cannot be denied for disability being less than 20% where the disability is assessed at 15-19%

Armed Forces Tribunal (AFT): The Division Bench of Justice Umesh Chandra Srivastava (Chairperson) and Vice Admiral Abhay Raghunath Karve, Member (A) held

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Individual retiring by superannuation, found suffering from disability attributable to/aggravated by military service, is entitled to benefit of rounding off of disability pension. Tribunal states

Armed Forces Tribunal (AFT): The Division Bench of Justice Umesh Chandra Srivastava (Chairperson) and Vice Admiral Abhay Raghunath Karve (Member) allowed an

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT │ Claim for pension is statutory right and claimant has every right to be granted the same; Application for revision of pension allowed

Armed Forces Tribunal: A Division Bench of Justice Rajendra Menon (Chairperson) and Lt. Gen Phillip Campose (Member) A, allowed the application. In