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High Court

Madras High Court Allows Writ Petition by Employer in Disability Pension Dispute, Setting Aside Armed Forces Tribunal Order Granting Pension Based on Dharamvir Singh Precedent. The Court Held That Dharamvir Singh Relied on Old Pension Regulations With Presumption Clause and Was Not Applicable to the New Pension Regulations for Army, 2008, Where Release Medical Board Opinion on Attributability is Final Unless Rebutted, Requiring Fresh Consideration Under the New Regulations.

7 Mar 2025

The writ petition under Article 226 of the Constitution of India was filed by the Union of India challenging the order of the Armed Forces Tribunal, R...

High Court

Madras High Court Dismisses Writ Petition Filed by Territorial Army Soldier Seeking Disability Pension. Limitation Period of 15 Years from Rejection Order and Medical Board's Opinion That Disability Was Not Attributable to Service Barred Claim.

21 Feb 2025

The petitioner, a former Territorial Army soldier, was enrolled on 15 September 1996 and served until he was placed in a low medical category from 6 N...

High Court

Madras High Court Examines Union Government's Challenge to Armed Forces Tribunal Order Granting Disability Pension – Dharamvir Singh Judgment's Applicability to Post-2008 Pension Regulations Considered. The Writ Petition Raised the Question Whether the AFT Erroneously Applied Dharamvir Singh to Pre-2008 Regulations While the Release Medical Board's Opinion Remained Unrebutted Under the 2008 Rules.

7 Mar 2025

The writ petition under Article 226 of the Constitution of India was filed by the Union of India through the Ministry of Defence and others, challengi...

High Court

High Court of Judicature at Madras Dismisses Writ Petition Challenging Armed Forces Tribunal Order Denying Disability Pension to Soldier Discharged on Medical Ground of Schizophrenia. Court Holds Petitioner Not Entitled to Disability Pension as Disability is Neither Attributable to Nor Aggravated by Military Service Under Rule 173 of Pension Regulation for Army 1961.

5 Mar 2025

The petitioner, Ex-No.15429601-N Sepoy Valthati Sikhamani, was enrolled in the Indian Army on 28.09.2009 and was invalidated out from service on 22.06...

High Court

Madras High Court examines challenge by Union of India to Armed Forces Tribunal order granting disability pension under new Army Pension Regulations, 2008. Tribunal had relied on Dharamvir Singh precedent under old regulations; court analyses attributability and onus of proof under new scheme.

7 Mar 2025

The Madras High Court heard a writ petition filed by the Union of India under Article 226 of the Constitution seeking to quash an order of the Armed F...

Supreme Court

Supreme Court Upholds Appellant in Service Law Seniority Dispute Based on Select Panel Merit. Seniority of Direct Recruits Determined by Order of Merit in Select Panel Under DoPT OM Dated 3 July 1986, Not Date of Joining, as 1971 Rules Were Silent on Inter-Se Seniority for Combined All India List.

26 Oct 2021

The dispute arose from the Military Engineering Service, where candidates were selected in 1983 for Superintendent posts across five Commands but some...

High Court

Madras High Court quashes Armed Forces Tribunal order granting family pension to mother of deceased soldier. Held that a mother already receiving family pension of her missing ex-serviceman husband is not entitled to an additional family pension under Regulation 70 of the Pension Regulations for the Army, 1961.

12 Feb 2025

The writ petition arose from the rejection of a mother's claim for family pension from the Indian Army. The respondent's son, an enrolled soldier, die...

Supreme Court

Supreme Court Dismisses Union of India's Appeal Against Sentence Modification in Court-Martial Case. General Court Martial Composition Violated Army Rules, 1954, Rule 40(2) and Rule 102, but Armed Forces Tribunal's Sentencing Discretion Under Section 71(e) of Armed Forces Tribunal Act, 2007 Upheld.

23 Mar 2022

The dispute arose from disciplinary proceedings against a retired Lieutenant General of the Indian Army, initiated after an anonymous complaint in 200...

High Court

High Court of Karnataka Dismisses Appeal by Union of India in Army Dismissal Case Due to Procedural Irregularity. Summary Court Martial Conducted Without Following Mandatory Procedure Under Army Rules 22-24 and Section 80 of Army Act, 1950 Renders Dismissal Void.

31 Oct 2014

The Union of India, Ministry of Defence, and other appellants challenged an order dated 5th September 2001 passed by a learned Single Judge of the Kar...

High Court

Madras High Court Dismisses Writ Petition of Territorial Army Ex-Havildar Seeking Pension Due to Insufficient Embodied Service. Service Pension Under Pension Regulations for the Army, 1961, Regulation 132 Requires 15 Years Actually Rendered Service, and Unembodied Service Cannot Be Counted.

12 Feb 2025

The Madras High Court dismissed a writ petition filed by an ex-Havildar of the Territorial Army challenging the order of the Armed Forces Tribunal, wh...

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