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Gratuity eligibility in the case of dismissal of service
22-Jul-2023 (In Armed Forces Tribunal Law)
Sir, I served Indian Air Force as an airman for a period of 5.4yrs (16Jun'03 to 08Oct'08) after which I ran away. My rank at that time was Corporal. I voluntarily surrendered myself in Aug'2010. A Court of Inquiry was ordered and I was awarded dismissal from service and reduced to the rank Leading Aircraftsman. I was not paid Gratuity for the service that I put in for 5.4yrs. There was no negative remark during my service. Please let me know, if there is any chance for me to claim my gratuity. With thanks & regards, Surya Prakash, 8185927008 / 9949915710
Mr Prakash
As per gratuity and pension rules., an individual "dismissed" from service is ineligible for gratuity in respect of his previous service. However in some cases the President may award gratuity. A person removed from service may be considered for grant of gratuity.
In your case were you dismissed after trial by DCM or merely after CoI?
If you were dismissed after DCM then not much can be done. However if you were removed from service then you may get your gratuity.
In either case, you were dismissed in 2010, which is more than the time specified in the law and your application will be time barred.
I advise you to submit an application to Chief of Air Staff for the same. If your application is rejected you may file a suit in AFT.
Feel free to connect.
All the best.
As per gratuity and pension rules., an individual "dismissed" from service is ineligible for gratuity in respect of his previous service. However in some cases the President may award gratuity. A person removed from service may be considered for grant of gratuity.
In your case were you dismissed after trial by DCM or merely after CoI?
If you were dismissed after DCM then not much can be done. However if you were removed from service then you may get your gratuity.
In either case, you were dismissed in 2010, which is more than the time specified in the law and your application will be time barred.
I advise you to submit an application to Chief of Air Staff for the same. If your application is rejected you may file a suit in AFT.
Feel free to connect.
All the best.
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Adv. Wg Cdr Mohammed Mujeeb (Retd)
Delhi | 200+ Answers
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hi, From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards
Thanks and regards
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Adv. Ganesh Singh
Delhi | 500+ Answers
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Hi Gratuity is admissible even after dismissal, you may write to DAV to process your case for Gratuity. One should have minimum five years of service to be eligible for Gratuity which you have. Regds
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Adv. Wg Cdr Ajit Kakkar (Retd)
Delhi | 100+ Answers
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