Advocate Omprakash Kumar Srivastava

Questions Answered by Advocate Omprakash Kumar Srivastava

Q: Can I go against skill level in airforce and get NOC through court

Sir if I have select in A class job can i get noc from airforce through court?

Advocate Omprakash Kumar Srivastava answered
Dear Sir, congratulations on your selection for Class-I post. you can get NOC from the court/AFT , if you are not getting from your department. You should give details i.e. length of service, qualifications etc in your query. it is confirmed that you will get discharge from the service if you are approaching a right person at a right time.thanks and regards

Q: Quashing of public fund application

I have awarded with S/displeasure by AOC in C for this is not giving false statement aganist my CO during COI. C IN C reason for displure is I have deposi public fund to spouse and mother's acunt. I have submitted my source of income to the court of inquiry and thus regulation 790(e) was lifted from me.court not blamed me for the transfer of money due to lack of evidence.C in C didn't hear the reccome of court. Para 790(e) put on me for b&lending with AF personnel though D R is no complaint against me.I want to challenge this.He also insulted my spouse and mom by putting theirname in censure.

Advocate Omprakash Kumar Srivastava answered
Dear Sir, You can challenge the recommendation and award given to you by your AOC -in-C in the Tribunal. If court of inquiry had not found you guilty for the said offence in findings and recommendations, then it is not fair and just to award you censure and severe displeasure. You can also file a criminal complaint in the competent Court for insulting your spouse. Thanks and regards.

Q: Eligibility for pension if discharged from service on medical grounds

Sir if I get discharge from service after completing 9 years of service on the basis of medical cattagory . Am I eligible for pension?

Advocate Omprakash Kumar Srivastava answered
Dear Sir, Please give details of your disability. If you are discharged from service after IMB and in the category of A4G4, A4G3 or A4G3 attributable /aggravated to the service, then only you can get the disability pension otherwise you have to file a case in AFT. You can get it from the AFT in any disability whether it is attributable /aggravated by the service or not.

Q: Possibility to rejoin air force after taking voluntary discharge

I took voluntary discharge from air force on 9th nov 17. I served for 12yrs 10mnths. Can i join back on same position again? I regret my action. If you have any idea, kindly suggest sir. If in past anyone has done the same.

Advocate Omprakash Kumar Srivastava answered
Dear Sir, I have gone through your problem. As you have taken voluntary discharge from the Service, then there is no provision for rejoining in the service. Any how you can give a representation to the Chief of Air Staff to consider your case on sympathetic grounds.

Q: Disability pension as suffered an accident aboard ship & released

Sir,I joined IN in July1976 as pbor, In July84 ,I suffered an accident on board ship at sea,I was operted twice but my knee movement could not be restored, I was placed in cat s3A2 pmt.as I was finding difficult to perform my duties ,I was just 24 yrs and my carrier also suffering in IN ,I requested for premature release , at the time of release med board put me at 20% disb.and my injury was attributable to naval service.I left IN on 19 Nov 86 w/o any type of pension, Pl. guide if I am entitled for a disb pension or normal pension

Advocate Omprakash Kumar Srivastava answered
Dear Sir, As per your disability details, you are intitled for invalid medical pension @ 50% as per the pension regulations and PCDA circular. I think you have gone through IMB and you have also appealed for disability pension, but the same was not considered by the Authorities. Now again you send a representation to your record office and then file a case in the AFT.