Lawyers for armed forces service, pension and court martial cases

Law

Armed Forces Tribunal Act 2007

Limitation

6 months, section 22

Covers

Army, Navy, Air Force, veterans, families

Further remedy

Supreme Court; High Court writ in limited cases

What the Armed Forces Tribunal decides

The Armed Forces Tribunal (AFT) was set up in 2009 to give defence personnel a specialised forum instead of the High Courts. It has a Principal Bench in New Delhi and Regional Benches across the country, each with a judicial member and an administrative member who is a retired senior officer.

Under section 14 it hears service matters of persons subject to the Army Act, 1950, the Navy Act, 1957 and the Air Force Act, 1950, including retired personnel and family members claiming through them:

• Pay, allowances, pension, disability pension, family pension and other retiral benefits
• Promotion, seniority, confidential reports, selection board results and medical categorisation
• Discharge, invalidation, dismissal by administrative action, and terms of commission
• Grant of permanent commission, extension and re-employment issues

Under section 15 it hears appeals against court martial orders, findings and sentences, and it can grant bail or suspend a sentence pending appeal. The Act excludes transfers and postings, leave of any kind, and summary court martial orders except where the punishment is dismissal or imprisonment for more than three months. Members of the Central Armed Police Forces, such as BSF, CRPF and ITBP, are not covered; their cases go to the High Court.

Statutory complaint first, then six months

Section 21 says the Tribunal will not ordinarily admit an application unless the applicant has used the remedies available under the service rules, such as a statutory complaint or a representation to the competent authority. If the authority rejects it, or does not decide it within six months, the remedy is treated as exhausted.

Pension is treated as a continuing cause of action, so courts generally allow belated pension claims but limit arrears, commonly to about three years before filing. Do not rely on this for other service matters, where delay is often fatal.

Disability pension: the most common claim

Disability pension is paid when a member is released or invalided with a disability that is attributable to or aggravated by military service and assessed at 20% or more. The usual dispute is that the Release or Invalidating Medical Board records the disability as neither attributable nor aggravated, often for conditions such as hypertension, diabetes or psychiatric illness.

In Dharamvir Singh v. Union of India (2013) the Supreme Court held that a member is presumed to have been in sound health at entry unless a disability was noted then, and the burden is on the employer to show that a later disability is not connected with service. The Medical Board must give reasons. Union of India v. Ram Avtar (2014) upheld the benefit of rounding off (broad-banding) of disability percentages for those invalided out or released with disability. Changes in the entitlement rules in recent years have raised new questions, so each case must be read against the rules applicable on the date of release.

We obtain the Medical Board proceedings, the service and medical records, and the rejection of the first appeal before filing, because the Tribunal decides these cases largely on documents.

Other pension and benefit disputes

Beyond disability pension, the Tribunal regularly hears claims for service pension where qualifying service is disputed, family pension, special and liberalised family pension for deaths attributable to service, revision of pension under One Rank One Pension and pay commission orders, and claims to war injury pension. Many arise from errors in the Pension Payment Order or in how service was counted. These cases usually start with a written representation to the record office and the pension disbursing authority, which creates the record the Tribunal later examines.

Court martial and disciplinary action

The Army, Navy and Air Force Acts provide for different kinds of court martial (general, district, summary general and summary) and for summary punishment by commanding officers. After a court martial, the accused can file a post-confirmation petition under the service Act, and then appeal to the AFT under section 15. The Tribunal can set aside or reduce the sentence, order a retrial or substitute a lesser finding.

Grounds commonly raised are breach of the procedure in the Army Rules or equivalent rules, denial of a proper defending officer or opportunity to cross-examine, findings unsupported by evidence and disproportionate sentence. Administrative dismissal or discharge without proper show cause notice is also challenged as a service matter. Where civil criminal charges are involved, we coordinate with our bail and criminal defence lawyers.

Filing and hearing at the Tribunal

1. Original Application. Filed in the prescribed format with the impugned order, the statutory complaint and its rejection, and supporting records, at the Regional Bench having jurisdiction. The court fee is modest and fixed by the AFT procedure rules.
2. Notice and reply. The Union of India, through the service headquarters and record offices, files a counter affidavit, and the applicant may file a rejoinder.
3. Hearing and order. Many pension matters are decided on records within a few hearings; contested service matters take longer.
4. Implementation. Section 29 makes orders enforceable, and an execution application can be filed if the authorities delay compliance.

An appeal lies to the Supreme Court under sections 30 and 31 on a point of law of general public importance, with leave. In Union of India v. Parashotam Dass (2023) the Supreme Court held that a High Court's writ jurisdiction against AFT orders is not excluded, although it is exercised sparingly.

Mistakes that weaken defence service cases

• Filing directly at the Tribunal without a statutory complaint, which leads to the application being returned.
• Missing the six-month period on promotion and discharge matters, where delay is rarely condoned.
• Not obtaining the full Medical Board proceedings, which contain the reasons the case turns on.
• Accepting an administrative order without asking for the documents relied on; a written request creates a record for later challenge.

Documents you need

Defence records are scattered across units and record offices. Bring what you have; we will request the rest.

• Discharge book, service book or record of service
• Impugned order: rejection of pension, discharge order, promotion board result or court martial order
• Statutory complaint or representation and its reply
• Release or Invalidating Medical Board proceedings
• Pension Payment Order (PPO) and correspondence with the record office or PCDA
• Court martial proceedings and post-confirmation petition, for appeals
• ID proof, and for family members, proof of relationship

How we handle it for you

1. Review the records

   We read the order, the service and medical records and identify the legal grounds.

2. Exhaust the internal remedy

   Where needed, we draft the statutory complaint or appeal and track the six-month window.

3. File the application

   We prepare the Original Application or appeal with supporting documents at the right Regional Bench.

4. Argue the case

   We reply to the government's counter affidavit and argue the matter to final order.

5. Secure implementation

   We follow up on compliance and file execution proceedings if the order is not implemented.

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