Armed Forces Tribunal Archives

Supreme Court directs Indian Army to compensate Ex-Havaldar with Rs 50 Lakhs for wrongful termination due to misdiagnosis as HIV +ve

“Severance of employer — employee relationship can never be said to be an easy choice, for it not only results in the employee losing his livelihood, but also affects those who depend on him for their survival. And if the employer is the Indian Army, the loss is even greater, since it has the effect of suddenly displacing a soldier from the regimented lifestyle of the military”

Case Briefs Supreme Court

High Courts have jurisdiction to adjudicate upon the Orders passed by the Armed Forces Tribunal, Supreme Court overrules its 2015 judgement

“If there is a denial of a fundamental right under Part III of the Constitution or there is a jurisdictional error or error apparent on the face of the record, the High Court can exercise its jurisdiction”, stated the Supreme Court

Case Briefs Tribunals/Commissions/Regulatory Bodies

Armed Forces Tribunal | Once policy and rules were followed in matters of appointments in the Armed Forces, sympathy cannot be a substitute to grant benefit to a person

AFT held that there was no violation of principles of natural justice while discharging the applicant from service. Further, there is no place for generosity or misplaced sympathy on the part of the judicial forums particularly in the matter of recruitment and employment in a sensitive establishment like the Armed Forces.

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 | Failure to issue speaking order regarding condonation of 6 months deficiency for pensionary benefits; Tribunal imposes a cost of Rs 50,000 for non-compliance of its order

Armed Forces Tribunal (AFT): The Division Bench of Justice Devi Prasad Singh (Chairperson) and Air Marshal BBP Sinha, Member (A) heard the

Case Briefs High Courts

SCC Times

Armed Forces Tribunal

Supreme Court directs Indian Army to compensate Ex-Havaldar with Rs 50 Lakhs for wrongful termination due to misdiagnosis as HIV +ve

High Courts have jurisdiction to adjudicate upon the Orders passed by the Armed Forces Tribunal, Supreme Court overrules its 2015 judgement

Armed Forces Tribunal | Once policy and rules were followed in matters of appointments in the Armed Forces, sympathy cannot be a substitute to grant benefit to a person

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

AFT | Failure to issue speaking order regarding condonation of 6 months deficiency for pensionary benefits; Tribunal imposes a cost of Rs 50,000 for non-compliance of its order

Speedy justice is a fundamental right under Article 21

AFT grants Special Family Pension to aggrieved on account of her husband’s death attributed to military service

Armed Forces Tribunal has jurisdiction to hear the appeals arising out of court martial verdicts qua GREF personnel

Triple Talaq is un-Islamic, Inhuman and Unconstitutional

Reversion of Lt. Gen. N.K. Mehta to the post of Brigadier by the Armed Force Tribunal, stayed