If you’re an armed forces personnel with a service grievance, the Armed Forces Tribunal (AFT) is your specialized forum for seeking justice. This comprehensive guide explains everything you need to know about filing a case in AFT—from understanding jurisdiction to the step-by-step filing process.
What is the Armed Forces Tribunal?
The Armed Forces Tribunal was established under the Armed Forces Tribunal Act, 2007 to provide speedy justice to members of the armed forces. It has jurisdiction over:
- Service matters of Army, Navy, and Air Force personnel
- Appeals against court martial verdicts
- Pension disputes
- Promotion and supersession matters
- Wrongful termination cases
- Any matter relating to conditions of service
The AFT replaced the previous system where service personnel had to approach High Courts for such matters, resulting in long delays.
AFT Benches in India
The Tribunal has benches in: New Delhi (Principal Bench), Chandigarh, Lucknow, Jaipur, Mumbai, Chennai, Kolkata, Kochi, Guwahati, and Srinagar (seasonal). Each bench covers specific territorial jurisdictions.
The 10-Step Filing Process
Step 1: Determine If Your Case Falls Under AFT Jurisdiction
Cases AFT Can Handle: Pension disputes, court martial appeals, promotion supersession, wrongful termination/discharge, ACR/APAR disputes, service condition matters, pay and allowances disputes.
Cases AFT Cannot Handle: Matters relating to military operations, criminal cases under IPC, matters already decided by Supreme Court, family/matrimonial disputes.
Step 2: Exhaust Departmental Remedies
Before approaching AFT, you should generally exhaust available departmental remedies: submit statutory complaint to competent authority, file representation to higher authorities, and wait for reasonable time for response (usually 6 months).
Step 3: Determine the Appropriate Bench
File your case at the bench where the cause of action arose OR where you ordinarily reside. You can choose either option.
Step 4: Gather Required Documents
Essential Documents: Copy of the impugned order, service/discharge certificate, identity proof (Aadhar, PAN), and address proof.
Case-Specific: Medical board proceedings (disability cases), ACRs/APARs (promotion cases), court martial proceedings, pension payment orders, all correspondence with authorities, RTI responses.
Step 5: Draft the Application
The Original Application (OA) must include: cover page, memo of parties, statement of facts (chronological narration), grounds (legal basis for challenge), prayer (specific relief sought), and affidavit.
Step 6: Pay Court Fees
Court fees are nominal: ₹500 for Original Application, ₹500 for Appeals, ₹300 for Review Applications, ₹100 for Miscellaneous Applications. Some applicants may be eligible for fee waiver.
Step 7-10: File, Serve, Admission, and Hearings
Submit prescribed copies at filing counter (or e-file where available), serve notice on respondents, attend admission hearing, and proceed through regular hearings where respondents file reply, you file rejoinder, evidence is presented, and judgment is delivered.
Important Points to Remember
Limitation Period
Applications must be filed within one year from the date of impugned order or when you came to know of the order. Delays can be condoned if you show sufficient cause, but it’s always better to file within time.
Tips for Successful Filing
- Be Accurate: Ensure all facts and dates are correct
- Be Comprehensive: Include all relevant documents
- Be Concise: Avoid unnecessary repetition
- Cite Precedents: Include relevant judgments supporting your case
- Seek Legal Help: Consider engaging an experienced military lawyer
Common Mistakes to Avoid
- Filing at wrong bench
- Missing limitation period
- Incomplete documentation
- Vague or rambling pleadings
- Not exhausting departmental remedies
- Incorrect party names
Need Help Filing Your AFT Case?
Filing an AFT case requires careful preparation and knowledge of military law procedures. At Ajit Kakkar and Associates, we’ve handled 4,735+ appeals before various AFT benches.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific legal guidance, please consult a qualified military lawyer.
