AFT

Here is what you should know about armed forces tribunal cases before you act or reply to anyone. Legals365 is the legal platform of Advocate B.K. Singh and associates, based in Delhi NCR.

In short. The Armed Forces Tribunal hears service disputes and court martial appeals of Army, Navy and Air Force personnel, retired members and their families. Most cases are about pension, disability pension, promotion, discharge or dismissal. You usually file a statutory complaint first, then an original application within six months of the final order, with delay condonable for sufficient cause.

The Armed Forces Tribunal (AFT) was set up under the Armed Forces Tribunal Act 2007 to take service disputes and court martial appeals of the three Services out of the ordinary courts. Its Principal Bench sits in New Delhi and regional benches sit at Chandigarh, Lucknow, Kolkata, Guwahati, Mumbai, Kochi, Chennai, Jaipur, Jabalpur and Jammu. Each bench has a judicial member, usually a retired High Court judge, and an administrative member who is a retired senior officer of the Services, so the tribunal understands both the law and how a unit, a record office or a medical board actually works.

This page explains who can go to the AFT, which disputes it decides and which it does not, the time limits, the statutory complaint you usually need first, how an original application or appeal is filed and heard, the documents that decide most cases, and what to do once you get an order. It is written for serving soldiers, sailors and airmen, officers, veterans, widows and other family members, and it applies whichever bench your case belongs to.

Law

Armed Forces Tribunal Act 2007 (sections 3, 14, 15, 19, 21, 22, 29, 30 and 31); Armed Forces Tribunal (Procedure) Rules 2008; Army Act 1950, Navy Act 1957, Air Force Act 1950 and the rules and regulations under them; Pension Regulations and Entitlement Rules

Forum

Armed Forces Tribunal: Principal Bench at New Delhi and ten regional benches; the bench is usually chosen by where the applicant is posted, ordinarily resides after retirement, or where the cause of action arose

Time limit

Original application within six months of the final order on the statutory complaint, or within six months after the complaint has been pending six months without decision; delay can be condoned for sufficient cause (section 22). Appeal to the Supreme Court within 90 days, with leave

Documents

Impugned order, statutory complaint and its reply, service record extracts, medical board proceedings, pension payment order, court martial proceedings where relevant, identity and service documents, vakalatnama

What the Armed Forces Tribunal decides

The AFT decides two kinds of cases. The first is service matters under section 14: disputes about the conditions of service of a person subject to the Army Act, the Navy Act or the Air Force Act, including pay, allowances, pension, gratuity, seniority, promotion, confirmation, discharge, dismissal and terminal benefits. The second is appeals against court martial orders, findings and sentences under section 15, where the tribunal can set aside a conviction, reduce a sentence, substitute a finding or grant bail.

Since the AFT started functioning in 2009, these disputes no longer go to civil courts, and the High Court is not the first stop either. Section 14 transfers to the tribunal the jurisdiction that courts other than the Supreme Court and the High Courts had over these matters. The High Courts keep their writ jurisdiction under Articles 226 and 227, but in practice a soldier with a service grievance is expected to go to the AFT first because it is the specialised forum with power to grant full relief.

In numbers, pension cases dominate. Disability pension, its rounding off, war injury pension, special family pension and arrears make up a large share of the cause list at every bench. Promotion and non-empanelment cases come mostly from officers, while discharge, dismissal and court martial appeals come from all ranks.

AFT, CAT or High Court: which forum hears your case

Who can file a case in the AFT

Anyone who is or was subject to the Army Act 1950, the Navy Act 1957 or the Air Force Act 1950 can approach the AFT on a service matter. That covers officers, junior commissioned officers, other ranks, sailors and airmen, whether serving, discharged, retired, invalided out or dismissed. After a member's death, the widow, children, parents or other dependants can bring claims for family pension, special family pension, arrears and other benefits that flow from the service record.

Civilian employees of the Ministry of Defence are a different category. A clerk in an Army record office, a worker in an ordnance factory or an MES employee is a civil servant, and their service matters go to the Central Administrative Tribunal. People often file in the wrong forum on this point and lose months. If your pay comes from defence estimates but you were never enrolled or commissioned under one of the three Service Acts, the AFT is almost certainly not your forum.

Members of the paramilitary forces are another common source of confusion. Personnel of the BSF, CRPF, CISF, ITBP, SSB and Assam Rifles are members of armed forces of the Union, which excludes them from the CAT, but they are not under the Army, Navy or Air Force Acts either. Their service disputes go to the High Court under Article 226.

Service matters the AFT will not hear

Section 3(o) of the AFT Act defines service matters and then carves out four exclusions. Orders under section 18 of the Army Act, section 15(1) of the Navy Act and section 18 of the Air Force Act, which deal with tenure at the pleasure of the President, are excluded. Transfers and postings, including a change of place or unit, are excluded. Leave of any kind is excluded. Summary court martial cases are excluded except where the punishment is dismissal or imprisonment for more than three months.

These exclusions matter in practice. A soldier unhappy with a posting to a hard area cannot take it to the AFT, however strong the personal grounds. Some posting disputes reach the High Court in writ when there is a serious allegation of mala fides or a clear breach of a binding policy, but courts are slow to interfere with postings in the armed forces. Before drafting anything, check whether your grievance falls inside or outside section 3(o).

Key provisions of the Armed Forces Tribunal Act

Disability pension cases in the AFT

Disability pension is the single most common claim before the AFT. A member who is invalided out, or released with a disability assessed at 20 percent or more, may be entitled to a disability element on top of the service element if the disability is attributable to or aggravated by military service. The decision usually turns on the opinion of the Release Medical Board or Invaliding Medical Board, read with the Entitlement Rules for Casualty Pensionary Awards and the Guide to Medical Officers (Military Pensions).

The Supreme Court has repeatedly held that a member found fit at the time of entry, with no note of the disease in the entry medical, is presumed to have acquired it in service, and the burden is on the employer to show otherwise with reasons. Medical boards that simply record 'not attributable, not aggravated' or 'constitutional disorder' without explaining why the condition could not have been caused or worsened by service conditions are frequently set aside. Hypertension, diabetes, heart disease and psychiatric conditions are the usual subjects of such disputes.

Rounding off, also called broad-banding, is the second big issue. Under government policy, disability percentages are rounded up to 50, 75 or 100 percent for pension purposes, and courts have extended that benefit to personnel released on completion of terms and not only to those invalided out. Many veterans who were released years ago never received the rounded-off figure, and a claim for it is often the simplest case to win, subject to the rule on arrears discussed below.

When Advocate B.K. Singh looks at a disability pension file, the first document he reads is the full medical board proceedings, not the rejection letter. The rejection letter repeats a conclusion; the board proceedings show whether the doctors gave any reasoning, whether the onset of the disease was recorded in a field or peace area, and whether the entry medical was clean. That one document usually tells you whether the case is worth filing.

Pension, family pension and arrears

Apart from disability claims, the AFT hears disputes over service pension, qualifying service, counting of former service, pay fixation that affects pension, One Rank One Pension revisions, war injury pension, special family pension and liberalised family pension. Family members often come years after a death, when they find that a higher category of family pension was available because the death was attributable to service or occurred in an operational area.

Pension is a continuing right, so a delay in claiming it does not defeat the claim itself. What it does affect is arrears. Following settled Supreme Court principles on continuing wrongs, tribunals usually restrict arrears to about three years before the date of filing, though the full pension is restored for the future. That is a strong reason to file as soon as you know you have been underpaid, rather than waiting for a policy letter to settle the point for everyone.

Pension sanction runs through the record office, the Principal Controller of Defence Accounts (Pensions) at Prayagraj and, for newer cases, the SPARSH system. Many disputes are actually errors in data, such as wrong date of birth, wrong rank or wrong service length on the pension payment order. A written request with documents to the record office and PCDA (P) often fixes these without litigation; the AFT is the next step if they refuse or do not respond.

Court martial appeals and bail

Any person aggrieved by a finding or sentence of a general, district or summary general court martial can appeal to the AFT under section 15. Summary court martial cases can be appealed only where the punishment is dismissal or imprisonment for more than three months. The appeal must be filed in the form and within the time prescribed by the AFT (Procedure) Rules 2008, and a late appeal needs an application for condonation of delay with a real explanation.

The tribunal looks closely at the court martial proceedings. It checks whether the charge was framed properly, whether the accused got a fair chance to cross-examine and to have a defending officer or counsel, whether the confirming authority applied its mind, and whether the evidence actually supports the finding. Procedural lapses under the Army Rules, such as defects in the summary of evidence or the court of inquiry, are common grounds. A person in military custody can ask for bail, and the tribunal can suspend the sentence while the appeal is heard.

Where the same facts also lead to a civil criminal case under the Bharatiya Nyaya Sanhita, the choice between court martial and criminal court is governed by the Service Acts and the rules on concurrent jurisdiction. That part of the case is closer to ordinary criminal trial defence and appeals, and bail in the civil court follows the usual bail provisions of the BNSS.

The statutory complaint you usually file first

Before going to the AFT, you are expected to use the remedy inside the Service. In the Army, that is the statutory complaint under section 26 (for persons other than officers) or section 27 (for officers) of the Army Act; the Navy and Air Force Acts have similar provisions. For pension, the equivalent is usually a first appeal and second appeal against rejection of the claim, filed through the record office to the appellate committees set up by the Ministry of Defence.

The complaint is not a formality. It fixes the record that the tribunal will later read. A complaint that sets out the facts, the policy letters and the specific relief asked for, and attaches the documents, forces the authority to answer each point. A two-line complaint invites a two-line rejection, and you then have little to work with. If the authority does not decide within six months, section 21 treats the remedy as exhausted and you can file the original application.

There are cases where the tribunal does not insist on the internal remedy, for example where the dispute is purely legal and has already been decided by the Supreme Court, or where the delay would cause irreparable harm. But skipping the complaint should be a deliberate choice, not an oversight.

How an AFT case is filed and heard

The steps below apply to an original application on a service matter. Court martial appeals follow a similar path with the court martial proceedings at the centre.

1. Collect the record

   Get copies of the impugned order, the statutory complaint or appeals and their replies, medical board proceedings, service record extracts and the pension payment order. Apply for documents you do not have through the record office or under the RTI Act.

2. Check forum and limitation

   Confirm that the grievance is a service matter not excluded by section 3(o), that you are subject to one of the three Service Acts, and that you are within six months of the final order. If not, prepare an application for condonation of delay with dates and reasons.

3. Draft the original application

   The application sets out the facts, the grounds, the policy letters and judgments relied on, and the relief claimed. It is supported by an affidavit, an index, a list of dates, copies of all annexures and a vakalatnama.

4. File at the correct bench

   File with the Registry of the bench having territorial jurisdiction, usually where you are posted or, after retirement, where you ordinarily reside. The Principal Bench at New Delhi covers Delhi; residents of western Uttar Pradesh, including Noida and Ghaziabad, normally go to the Lucknow bench, and those in Haryana to the Chandigarh bench.

5. Admission and notice

   At the first hearing the bench decides whether to issue notice to the Union of India and the service headquarters. Interim relief, such as a stay of discharge or a direction to keep a post vacant, can be asked for at this stage.

6. Counter, rejoinder and hearing

   The respondents file a counter affidavit, often with the service record and policy letters. You file a rejoinder answering new facts. The case is then argued on the record, and oral evidence is rare.

7. Order and implementation

   After the order, send a certified copy to the respondents with a request to implement it. If the order is not complied with within the time given, apply for execution under section 29 or for contempt under section 19.

Simple pension cases on settled law are sometimes disposed of at the first or second hearing. Contested promotion and court martial cases take longer and depend heavily on the bench's workload.

Documents you need for an AFT case

Promotion, ACRs and selection boards

Promotion cases are mostly brought by officers who have been passed over by a selection board, though personnel below officer rank also bring cases on promotion cadres and courses. The usual grounds are an adverse or inconsistent annual confidential report that was not communicated, an assessment by a reporting officer who was biased or not entitled to report, a change in the promotion policy applied unfairly, or the wrong batch of officers being considered together.

The tribunal does not re-assess merit itself. What it can do is set aside an unfair report, direct that a corrected record be placed before a special review board, and order consideration afresh. That means the case often has two stages: first win the challenge to the report, then wait for the special review board. The original application should ask for both, including consequential seniority and pay if the board finds you fit.

In promotion cases that reach Advocate B.K. Singh's office, the weak point is often that the officer never made a non-statutory or statutory complaint against the report when it was communicated. Courts do allow later challenges, but the delay gets used against the officer. If you receive a report you think is unfair, raise it in writing promptly, even while you are still serving under the same chain of command.

Discharge, dismissal and administrative action

A soldier can be removed from service by court martial or administratively. Administrative discharge for misconduct, for example under rule 13 or rule 14 of the Army Rules for repeated red ink entries or other conduct, must follow a defined procedure: a show cause notice, a chance to reply, consideration of the reply, and an order by the competent authority. Tribunals regularly set aside discharge orders where the show cause notice was vague, the reply was ignored, or the authority who signed was not competent.

Discharge on medical grounds raises a different set of questions, mainly whether the member could have been retained in a sheltered appointment under the applicable policy and whether disability pension is payable. Premature retirement, release on compassionate grounds and refusal of extension of service are also service matters within the AFT's jurisdiction.

If you are facing administrative action, the stage to get advice is when the show cause notice arrives, not after the discharge order. A careful reply that points out procedural defects, attaches documents and asks for specific records often changes the outcome or at least builds a strong record for the tribunal.

Interim relief: stay of discharge and other orders

The AFT can grant interim relief while a case is pending, but it uses the power carefully, especially where it would interfere with operational decisions. The usual examples are staying a discharge order so that the applicant completes pensionable service, directing that a vacancy be kept unfilled until the case is decided, or allowing an officer to attend a course provisionally.

To get interim relief, you need to show a strong case on the record, real hardship if relief is refused, and that the balance of convenience favours you. Retirement deadlines are the most persuasive reason: if an order will push a member out before completing qualifying service for pension, the loss is hard to undo later. The approach is similar to the stay applications filed before the CAT in civil service cases.

After the order: implementation and further challenges

Winning in the AFT is not the end of the file. Implementation of pension orders runs through the record office and PCDA (P), and delays of several months are common. Send a certified copy of the order with a covering letter, keep track of the time given, and if nothing happens, file an execution application under section 29. Contempt under section 19 is available for wilful disobedience, and works much like a contempt petition before the CAT.

Either side can challenge a final AFT order. Section 30 provides an appeal to the Supreme Court, but section 31 requires leave on a point of law of general public importance, so it is not a routine second appeal. In Union of India v Parashotam Dass (2023), the Supreme Court held that High Courts can also hear writ petitions against AFT orders under Article 226, though they exercise that power within the limits of judicial review and do not act as a further appellate court. Your choice depends on the nature of the error; matters going to the Supreme Court need an Advocate-on-Record, as explained on our page on Supreme Court cases, and writ challenges in Delhi go to the Delhi High Court.

The Union of India also appeals, particularly in disability pension cases that involve a policy question. If the government files an appeal and obtains a stay, implementation pauses until the Supreme Court decides, so keep your documents and contact details current.

Mistakes that weaken AFT cases

• Wrong forum. Defence civilians filing in the AFT, or CAPF personnel filing in the CAT, lose time that cannot be recovered.
• No statutory complaint. Skipping the internal remedy without a good reason gives the respondents an easy objection and leaves no reasoned order to challenge.
• Relying on the rejection letter alone. The medical board proceedings, policy letters and service record decide most cases, and they should be annexed and argued.
• Waiting for a policy decision. Arrears are usually limited to about three years before filing, so every year of waiting can cost a year of money.
• Asking for too little. An application that asks only to quash an order, without consequential benefits, rounding off, arrears and interest, can leave you needing a second case.
• Ignoring implementation. Orders that are not followed up with a certified copy and a covering letter often sit unimplemented for months.

Costs, time and what to do this week

The tribunal fee for an original application is modest, and the main costs are drafting, documentation, travel to the bench and the number of hearings. Settled pension claims can be relatively quick. Promotion disputes, court martial appeals and cases where the government has appealed run longer. No honest lawyer can promise a date by which the case will end, because listing depends on the bench.

This week, gather every document you have and list what is missing. Write down the date of the final order on your complaint or appeal, because it starts the six-month clock. Ask the record office in writing for the medical board proceedings or service record extracts you need. If you are a family member, collect the death certificate, the member's service details and proof of relationship. If a demand for documents goes unanswered, a short legal notice sometimes produces them faster than repeated reminders.

If you want the papers checked before you act, the team of Advocate B.K. Singh at Legals365 can review them and tell you the next step: talk to a lawyer.

Frequently asked questions

Who can file a case in the Armed Forces Tribunal?

Serving and retired members of the Army, Navy and Air Force, and their widows and dependants, can file service matters and court martial appeals in the AFT. Defence civilians go to the CAT, and CAPF and Coast Guard personnel usually go to the High Court.

What is the time limit to file an original application in the AFT?

Six months from the final order on your statutory complaint or appeal, or six months after the complaint has been pending for six months without a decision. Delay can be condoned under section 22 if you show sufficient cause, so a late case is not automatically lost.

Is a statutory complaint compulsory before going to the AFT?

Section 21 says the tribunal will not ordinarily admit an application until internal remedies are exhausted. The remedy is treated as exhausted once the complaint is rejected or six months pass without a decision. In purely legal disputes already settled by the Supreme Court, the tribunal may not insist on it.

Can I get disability pension if the medical board said my disease is not attributable to service?

Possibly. If you were fit at entry and the disease arose during service, the employer has to give reasons why service did not cause or worsen it. Medical board opinions without reasons are often set aside by the AFT.

How much arrears will I get if I win a pension case in the AFT?

Pension is restored for the future, but arrears are usually limited to about three years before the date of filing because of the rules on continuing claims. Interest may be ordered if payment is delayed after the order. Filing early protects arrears.

Can the AFT hear a case about my transfer or posting?

No. Section 3(o) excludes transfers, postings and leave from the AFT's jurisdiction. A posting order can sometimes be challenged in a High Court writ if there is clear mala fides or breach of a binding policy, but such cases rarely succeed.

Can I appeal against a summary court martial in the AFT?

Only if the punishment was dismissal or imprisonment for more than three months. Other summary court martial punishments fall outside the AFT's jurisdiction, though a post-confirmation petition within the Service may still be possible.

Which AFT bench should I file in if I live in Noida or Ghaziabad?

A retired person usually files where they ordinarily reside, so residents of Noida and Ghaziabad normally go to the Lucknow bench, which covers Uttar Pradesh. Serving personnel usually file where they are posted. Delhi residents go to the Principal Bench in New Delhi.

Can a widow claim special family pension in the AFT years after her husband's death?

Yes. Family pension is a continuing right, and a widow can approach the AFT when she learns that a higher category was payable. Arrears may be limited, so the claim should be filed as soon as possible.

What happens if the government does not implement an AFT order?

You can file an execution application under section 29 or a contempt petition under section 19 before the same tribunal. Send a certified copy of the order to the authorities first, so that the delay is clearly on record.

Can an AFT order be challenged in the High Court?

Yes. After Union of India v Parashotam Dass (2023), High Courts can hear writ petitions against AFT orders under Article 226, within the usual limits of judicial review. An appeal to the Supreme Court under section 30 needs leave on a point of law of general public importance.

Do I need a lawyer to file a case in the AFT?

You may appear in person, and some simple pension claims are filed that way. Most applicants use a lawyer because the outcome depends on reading medical boards, service records and policy letters correctly and drafting the relief fully.