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ARMED FORCES TRIBUNAL, REGIONAL BENCH, KOCHI O.A No.205 of 2013 CORAM: APPLICANT

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ARMED FORCES TRIBUNAL, REGIONAL BENCH, KOCHI O.A No.205 of 2013 CORAM: APPLICANT ARMED FORCES TRIBUNAL, REGIONAL BENCH, KOCHI O.A No.205 OF 2013 FRIDAY, THE 20TH DAY OF JUNE, 2014/30TH JYAISHTA, 1936 CORAM: HON'BLE MR. JUSTICE SHRIKANT TRIPATHI, MEMBER (J) HON'BLE VICE ADMIRAL M.P.MURALIDHARAN, AVSM & BAR, NM, MEMBER(A) APPLICANT:- NO.2619339 M EX-SEPOY JUSTIN GEORGE, 27 MADRAS REGIMENT, AGED 21 YEARS, S/O. SHRI CHACKO VARKEY, VAYALILL HOUSE, ELAMAKAD PO., KOTTAYAM DISTRICT, KERALA STATE – 686 514. BY ADV. SHRI. RAMESH.C.R. versus RESPONDENTS: 1. THE UNION OF INDIA, THROUGH THE SECRETARY, MINISTRY OF DEFENCE (ARMY), SOUTH BLOCK, NEW DELHI – 110 001. 2. THE CHIEF OF ARMY STAFF, DHQ PO., INTEGRATED HQRS., MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI – 110 011. 3. THE ADJUTANT GENERAL, AG'S BRANCH, ARMY HEADQUARTERS, DHQ PO., NEW DELHI -110 011. 4. THE OIC., RECORDS, THE MADRAS REGT., WELLINGTON, TAMIL NADU – 643 231. 5. THE COMMANDING OFFICER, 27 MADRAS, C/O 56 APO, PIN- 911 427. BY ADV. SRI. P.J.PHIILIP, CENTRAL GOVT. COUNSEL. O.A. No.205 of 2013 - 2 - ORDER Shrikant Tripathi, Member (J): 1. Heard Mr.Ramesh C.R. for the applicant and Mr.P.J.Philip for the respondents and perused the record. 2. The applicant, EX-SEPOY JUSTIN GEORGE, NO.2619339 M has challenged his discharge from the Army and has prayed for his re- instatement in service with full benefits of pay and allowances. He was enrolled in the Indian Army as a Soldier on 18th March 2011. While he was posted to 27th Madras Regiment, he applied for discharge under Army Rule 13 (3) III (iv), which was allowed. Consequently, he was discharged from the Army service in the afternoon of 31st May 2013 on completion of only 2 years 2 months and 13 days service. It appears that the applicant applied for premature discharge due to certain domestic problems. 3. Mr. Ramesh C.R. submitted that the applicant was entitled to be re-instated in service after the family problems were over. 4. In our view, once the applicant opted for his discharge and the respondents accepted the same, there was no question of any withdrawal of the request for premature discharge. O.A. No.205 of 2013 - 3 - 5. The learned counsel for the applicant further submitted that the respondents be directed to consider the applicant's matter for a civil employment in the Army. In our view, no such direction is necessary. It is always open to the applicant to apply for an appointment on a civil post. 6. In view of the aforesaid, the Original Application is dismissed. 7. There will be no order as to costs. 8. Issue free copy of the order to both side Sd/- Sd/- VICE ADMIRAL M.P. MURALIDHARAN, JUSTICE SHRIKANT TRIPATHI, MEMBER (A) MEMBER (J) sv /True copy/.
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