Armed Forces Tribunal: A Forum for People in Defence Forces

 Introduction

Protecting Service, Pension & Honour

Armed Forces Tribunal (AFT) deals specifically with matters relating to military service disputes and court-martial appeals from the different Departments of the Military Affairs, including the Army, Navy and Air Force, under the governing Armed Forces Tribunal Act,2007. This Act empowers the Tribunal to handle disputes relating to any service, pensions, promotions, or termination matters of the defence personnel, and to provide them with a fast-track solution in a just and fair manner, similar to that of the Indian Courts.

Procedure for filling pension related disputes in Armed Forces Tribunal (AFT)

Here is the step-by-step procedure for filing the pension-related complaint in the AFT.

Step 1

Before approaching the AFT regarding the Pension-related complaint, you must first submit a formal statutory complaint before the Pension Sanctioning Authority (PSA) or the Principal Controller of Defence Accounts (PCDA Pensions). Then you shall wait for a final rejection of your statutory complaint or wait for a maximum period of 6 months before you approach the Tribunal.

Step 2

The next step should be to collect all the relevant evidence along with the service elements acquired by you during your period of service until you retire. The evidence must include the rejection letter and copies of your submitted appeal or any rejected administrative replies.

Step 3

The further step is to file a First Appeal before the Appellate Committee on First Appeals (ACFA). For the Defence Personnel below the Officer Rank, it must be addressed to their respective Record Office. For the Officer Rank personnel, they can address their issue directly through their specific service authority along with the gathered evidence.

Step 4

If the ACFA rejects your First Appeal, then you have the option to go for a Second Appeal. The Second Appeal is to be filed before the Second Appellate Committee on Pensions (SACP) within six months’ time frame of receiving the First Appeal’s rejection, conducted by the Department of Ex-Servicemen Welfare (DESW) under the Ministry of Defence.

Step 5

The final step is to file an Original Application (OA) under the Armed Forces Tribunal (AFT) within six months of no response from the Second Appellate Committee on Pensions (SACP). At this stage, all your administrative remedies are exhausted. Along with this application, attach all the evidence of attempts made before the administrative authorities, after which the Tribunal was approached for seeking remedy for the pension-related problem.

Conclusion

Dealing with military pension disputes can feel like fighting a second battle, but the Armed Forces Tribunal stands as a powerful shield for veterans and their families. While the procedural steps—from exhausting administrative appeals to filing an Original Application—require patience and precision, the legal system recognises pension as a hard-earned right, not a bounty. Equip yourself with your medical and service records, understand your legal rights, and take the first step toward securing the financial dignity you rightfully earned in service to the nation.

FAQs

1. Can an AFT case be filed against an adverse service order?
Yes. An aggrieved person may challenge an adverse order before the AFT where the matter falls within its jurisdiction and the statutory requirements are satisfied.

2. Can the AFT deal with wrongful dismissal or discharge from service?
Yes, Aggrieved defence personnel can challenge dismissal, removal, discharge or other adverse service actions before the AFT, subject to jurisdiction and limitation.

3. Can the AFT grant relief in pension and disability pension matters?
Yes. The AFT can adjudicate appropriate disputes concerning pension, disability pension, and related service benefits where they fall within its jurisdiction.

4. What types of cases are heard by the AFT?
Common matters include disputes relating to:

 (a) Dismissal or removal from service

 (b) Discharge and retirement

 (c) Promotion and seniority

 (d) Pension and other retiral benefits

 (e) Disability pension

 (f) Service benefits and conditions

 (g) Court-martial proceedings

 (h) Other service-related grievances

5. How does OLQ Law Firm help?

  (a) Analysing your service dispute and identifying the   

      appropriate legal remedy

(b) Assisting with disputes involving pension, disability pension, gratuity and retiral benefits.

(c) Assisting in challenging unlawful or arbitrary discharge, dismissal or removal from service.

(d) Preparing and filing applications, appeals, affidavits and supporting documents.

(e)Providing legal representation and assistance throughout the proceedings.

OLQ Law Firm

Call/WhatsApp: 89819 49111

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