Armed Forces Tribunal

Supreme Court Grants Liberalised Family Pension to Widow of Soldier Who Died in Extreme Climatic Conditions: Union of India vs. Saroj Devi (2024) INSC 921 (03 December 2024)

/ Armed Forces Tribunal, Army Order 1 of 2003, Battle Casualty, Liberalised Family Pension, Liberalised Family Pension, Order dated 31st January 2001, Service Law

Supreme Court Grants Liberalised Family Pension to Widow of Soldier Who Died in Extreme Climatic Conditions: Union of India vs. Saroj Devi (2024) INSC 921 (03 December 2024) LEGAL ISSUE: Whether the death of a soldier due to illness caused by extreme climatic conditions while on duty near the Line of Control (LC) qualifies as […]

Supreme Court Grants Liberalised Family Pension to Widow of Soldier Who Died in Extreme Climatic Conditions: Union of India vs. Saroj Devi (2024) INSC 921 (03 December 2024) Read Post »

Supreme Court Upholds Differential Grade Pay for Artificers: Manish Kumar Rai vs. Union of India (23 October 2024)

/ Armed Forces Tribunal, Artificers, Chief Petty Officer, Indian Navy, Pay Scales, Service Law, Service Law with Regulation 247 of Reg Navy Part III

Supreme Court Upholds Differential Grade Pay for Artificers: Manish Kumar Rai vs. Union of India (2024) Date of the Judgment: 23 October 2024 Citation: 2024 INSC 815 Judges: Abhay S. Oka, J., Ujjal Bhuyan, J. Can the Indian Navy provide different grade pay to its technical personnel (Artificers) compared to non-technical personnel (Chief Petty Officers)

Supreme Court Upholds Differential Grade Pay for Artificers: Manish Kumar Rai vs. Union of India (23 October 2024) Read Post »

Supreme Court Directs Fresh Consideration for Permanent Commission: Cdr Seema Chaudhary vs. Union of India (2024)

/ Armed Forces Tribunal, Navy Act, 1957, Navy Act, 1957 with Section 9(2), Permanent Commission, Service Law, Short Service Commission

Supreme Court Directs Fresh Consideration for Permanent Commission: Cdr Seema Chaudhary vs. Union of India (2024) LEGAL ISSUE: Whether an in-service Short Service Commissioned (SSC) officer, previously denied Permanent Commission (PC) due to a prospective policy, should be reconsidered based on a prior Supreme Court judgment. CASE TYPE: Service Law Case Name: Cdr Seema Chaudhary

Supreme Court Directs Fresh Consideration for Permanent Commission: Cdr Seema Chaudhary vs. Union of India (2024) Read Post »

Supreme Court overturns AFT order on policy formation for JAG (Air) promotion: Union of India vs. NK Sharma (2023)

/ Armed Forces Tribunal, Constitutional Law, Constitutional Law with Article 226, Separation of Powers, Service Law, Service Law with Section 14 of the Armed Forces Tribunal Act, 2007, Service Law with Section 27 of the Air Force Act, 1950

Supreme Court overturns AFT order on policy formation for JAG (Air) promotion: Union of India vs. NK Sharma (2023) LEGAL ISSUE: Whether the Armed Forces Tribunal (AFT) can direct the government to formulate a specific policy for promotions. CASE TYPE: Service Law (Armed Forces) Case Name: Union of India & Ors vs. Air Commodore NK

Supreme Court overturns AFT order on policy formation for JAG (Air) promotion: Union of India vs. NK Sharma (2023) Read Post »

Supreme Court Upholds AFT Order on Promotion Despite Medical Classification: Union of India vs. Brigadier Javed Iqbal (2022)

/ A.S. Bopanna, Armed Forces Tribunal, Defence Service Regulations for the Army, Indira Banerjee, Judges, Medical Fitness, Promotion, Regulation 67, Defence Service Regulations for the Army, Service Law

Supreme Court Upholds AFT Order on Promotion Despite Medical Classification: Union of India vs. Brigadier Javed Iqbal (2022) LEGAL ISSUE: Whether an officer’s promotion can be denied based on medical classification despite a recommendation from the Selection Board and approval by higher authorities. CASE TYPE: Service Law (Armed Forces) Case Name: Union of India &

Supreme Court Upholds AFT Order on Promotion Despite Medical Classification: Union of India vs. Brigadier Javed Iqbal (2022) Read Post »

Supreme Court Upholds Discharge of Airman for Habitual Indiscipline: Union of India vs. Abhishek Pandey (2019)

/ Air Force Rules, 1969, Air Force Rules, 1969 with Rule 15(2)(g)(ii), Armed Forces Tribunal, Hemant Gupta, Judges, L. Nageswara Rao, Service Law

Supreme Court Upholds Discharge of Airman: Union of India vs. Abhishek Pandey (2019) LEGAL ISSUE: Whether a second warning is mandatory for discharging a habitual offender from the Indian Air Force, even when the competent authority decides against giving another chance. CASE TYPE: Service Law (Armed Forces) Case Name: Union of India & Ors. vs.

Supreme Court Upholds Discharge of Airman for Habitual Indiscipline: Union of India vs. Abhishek Pandey (2019) Read Post »

Supreme Court Clarifies Disability Pension for Navy Personnel: Union of India vs. V.R. Nanukuttan Nair (2019)

/ Armed Forces Tribunal, Disability Pension, Hemant Gupta, Judges, L. Nageswara Rao, Navy (Pension) Regulations, 1964, Service Law

Supreme Court Clarifies Disability Pension for Navy Personnel: Union of India vs. V.R. Nanukuttan Nair (2019) LEGAL ISSUE: Entitlement to service element of disability pension for Navy personnel discharged with a disability after completing their engagement period but before completing the qualifying service for a regular pension. CASE TYPE: Service Law/Armed Forces Tribunal Case Name:

Supreme Court Clarifies Disability Pension for Navy Personnel: Union of India vs. V.R. Nanukuttan Nair (2019) Read Post »

Supreme Court Upholds Rejection of Promotion Appeal: Manisha Jaiprakash vs. Union of India (2019)

/ Annual Confidential Reports, Armed Forces, Armed Forces Tribunal, Army Regulation 364, Hemant Gupta, Judges, L. Nageswara Rao, Navy Order (Spl.) 02/2009, Promotion, Service Law, Special Army Order No. 8/S/91

Supreme Court Upholds Rejection of Promotion Appeal: Manisha Jaiprakash vs. Union of India (2019) LEGAL ISSUE: Whether the Armed Forces Tribunal was correct in upholding the rejection of a statutory complaint regarding Annual Confidential Reports (ACRs) and promotion. CASE TYPE: Service Law (Armed Forces) Case Name: Surgeon Rear Admiral Manisha Jaiprakash vs. Union of India

Supreme Court Upholds Rejection of Promotion Appeal: Manisha Jaiprakash vs. Union of India (2019) Read Post »

Supreme Court Denies Disability Pension for Schizophrenia: Narsingh Yadav vs. Union of India (2019)

/ Armed Forces Tribunal, Constitutional Law, Disability Pension, Entitlement Rules for Casualty Pensionary Awards, 1982, Hemant Gupta, Judges, L. Nageswara Rao, Service Law

Supreme Court Denies Disability Pension for Schizophrenia: Narsingh Yadav vs. Union of India (2019) LEGAL ISSUE: Whether Schizophrenia, a mental disorder, can be presumed to be attributable to or aggravated by military service if not noted at the time of enrolment. CASE TYPE: Service Law, Disability Pension Case Name: No. 14666828M Ex CFN Narsingh Yadav

Supreme Court Denies Disability Pension for Schizophrenia: Narsingh Yadav vs. Union of India (2019) Read Post »

Supreme Court Upholds “Severe Displeasure” for Officer’s Misconduct: Union of India vs. Lt. Col. Kuldeep Yadav (25 September 2019)

/ A.M. Khanwilkar, Ajay Rastogi, Armed Forces Law, Armed Forces Tribunal, Disciplinary Proceedings, Instructions on Contact with Foreign Nationals, 1987, Judges, Service Law

Supreme Court Upholds “Severe Displeasure” for Officer’s Misconduct: Union of India vs. Lt. Col. Kuldeep Yadav (2019) LEGAL ISSUE: Whether the Armed Forces Tribunal should interfere with a disciplinary authority’s decision on the degree of censure, specifically when the authority has chosen “Severe Displeasure (Recordable).” CASE TYPE: Armed Forces Disciplinary Matter Case Name: Union of

Supreme Court Upholds “Severe Displeasure” for Officer’s Misconduct: Union of India vs. Lt. Col. Kuldeep Yadav (25 September 2019) Read Post »

Supreme Court clarifies scope of Liberalized Family Pension for Armed Forces personnel in non-combat deaths: Kanchan Dua vs. Union of India (23 September 2019)

/ Armed Forces, Armed Forces Tribunal, Government Notifications, Hemant Gupta, Instructions dated 31.01.2001, Judges, L. Nageswara Rao, Letter dated 24.02.1972, Liberalized Family Pension, Notification dated 07.05.1990, Pension, Service Law, Special Family Pension

Supreme Court Clarifies Liberalized Family Pension for Armed Forces: Kanchan Dua vs. Union of India (2019) LEGAL ISSUE: Whether the family of an Armed Forces personnel who died due to cardiac failure during a notified operation is entitled to Liberalized Family Pension. CASE TYPE: Service Law – Pension Case Name: Kanchan Dua vs. Union of

Supreme Court clarifies scope of Liberalized Family Pension for Armed Forces personnel in non-combat deaths: Kanchan Dua vs. Union of India (23 September 2019) Read Post »

Supreme Court on Recording of Facts in Military Reports: Union of India vs. Brig. Devinder Singh (23 August 2019)

/ Armed Forces Tribunal, Hemant Gupta, Judges, Judicial Review, L. Nageswara Rao, Military Reports, Service Law

Supreme Court on Recording of Facts in Military Reports: Union of India vs. Brig. Devinder Singh (2019) LEGAL ISSUE: Whether courts can direct changes in military reports for historical accuracy. CASE TYPE: Service Law Case Name: Union of India & Ors. vs. Brig. Devinder Singh Judgment Date: 23 August 2019 Date of the Judgment: 23

Supreme Court on Recording of Facts in Military Reports: Union of India vs. Brig. Devinder Singh (23 August 2019) Read Post »

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