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Wednesday, 16 September 2015

TSEWA : Join Us - Brig CS Vidyasagar (Retd)

Dear Ladies & Gentlemen,
            As usual a long mail.
 
A brainstorming session was held at 1100 hrs in RSI, Secunderabad to firm up our plans to file a case in AFT to grant same benefit of fixation of higher pension given to 52 Maj Gens by Min of Def (ESW) to all officers from the rank of Lt to Brig and widows.
 
            The brainstorming session considered all aspects. These are given in succeeding paras.
            Select officers were requested to attend the brain storming session. We are fortunate to have Cdr Chandrashekhar (Retd) of Navy JAG Branch and Gp Capt CRR Sastry (Retd), a Law graduate were among the selected few who attended the brain storming session.
 
            Admissibility of Case. After I gave developments right from 1982 when the hon’ble Supreme Court constituted Constitution bench headed by Chief Justice himself went over DS Nakara Vs UOI case, followed by case of Maj Gen SPS Vains Vs UOI in 2008, further followed by AFT Chandigarh judgment granting higher pension than minimum of Rs 30,350 to 52 Maj Gens and finally conditional letter of Min of Def (ESW) directing PCDAs to notionally fix pay of pre – 2006 Maj Gens corresponding to the pay scales in 6th CPC and fixing pension thereafter by taking into consideration number of increments earned in the rank of Maj Gen before retirement, the officers present there agreed that we have a strong case to file in AFT to get similar benefit of enhancement of pension  for all  officers from rank of Lt to Brig and their widows.
 
            Jurisdcition of AFT. Cdr Chandrashekhar (Retd) of JAG Branch of Navy informed that he joined few litigants in a case filed in AFT Chandigarh giving his Hyderabad address. It was accepted. Similarly Lt Cdr PS Nath (Retd) informed, he also in a similar manner joined a number of litigants who filed a case in AFT Principal Bench, New Delhi giving Hyderabad address. The reason given is CAUSE OF GRIEVANCE/ACTION. This grievance has arisen because Min of Def located in New Delhi has by incorrect fixation of pension of all pre - 2006  Officers at minimum of scale ignoring number of increments earned before retirement in the last rank held violating judgment of hon’ble Supreme Court in Maj Gen SPS Vains Vs UOI.
 
            Since I got contradictory advises from advocates who practise in AFT Chennai on jurisdictional problem, I advised all of you to be on safe side to go to AFT under whose jurisdiction your state falls. Alternately you can give temporary address in Tamilnadu or A.P or Telangana or Puducherry.
 
But now it is amply clear if common cause has arisen because of Action by Min of Def, all similarly affected officers can jointly file a case. Now wherever you are located you can join us in TSEWA to fight the case.
 
Further to the above, I am happy to inform all outstation officers who have been approaching me about AFT jurisdictional problem, Cdr Chandrashekhar obtained advice from Wg Cdr Ambreesh Aggrawal, a practising advocate who advised that TSEWA can file a case in AFT Delhi with litigants from all States and UTs. NOW YOU CAN JOIN TSEWA WITHOUT ANY FURTHER DELAY AND GET YOUR NAMES INCLUDED IN THE APPEAL TO BE FILED IN AFT DELHI VERY SOON.
 
            Undertaking. All Officers irrespective of their place of residence can become joint litigants but in AFT Delhi alone as the Cause of Action has arisen there only. You are required to sign the undertaking I am enclosing to this mail giving your consent to become a joint litigant in this case.
            Which AFT. The officers after discussing pros and cons felt that it is better to file the case in AFT New Delhi as our chances of getting good but reasonable advocate are higher there. The advocate has to understand our case and should be able to present facts to AFT without much difficulty. Only ESM Advocate would be able to do justice to our case is the common opinion.  Though it may be bit expensive for our legal representatives to go to New Delhi, it is felt that considering the importance of winning the case, it is better to file a case in AFT New Delhi. Cdr Chandrashekhar (Retd) and Gp Capt CRR Sastry have been entrusted the task of this case till it is finalised in our favour. Even if we have to go hon’ble Supreme Court later (after winning in AFT Delhi), we will do so as our case is very strong. If 52 Maj Gens can get enhanced pension (more than minimum of Rs 30,350 pm) why rest of officers cannot get? If we have to file a joint appeal with  litigants from all over India, due to Cause of Action being Delhi, we have to file our case in AFT Delhi only as clarified by Wg Cdr Ambreesh Aggarwal.
 
Sharing of Cost of Legal Expenses. The majority felt that the cost of legal expenses including expenses on our two legal luminaries to go to New Delhi, find a suitable Advocate who practises (preferably ESM Advocate) in AFT Delhi, finalising his legal fees, cost of court fees etc have to be proportionately shared by all litigants. We may not charge anything from widows of officers or very nominal amount and may charge less to officers in PB-3 pay band and more to officers in PB-4 pay band. First instalment of Rs 4,000 is to be paid by all litigant officers of PB- 3 & PB- 4 bands. Treasurer TSEWA will collect the amount later. The cost of litigation depends upon number of hearings and whether Min of Def files a review petition in hon’ble Supreme Court against judgment of AFT Delhi if it is favourable to us. The total cost will only be worked out later. When you have to send your first instalment will be intimated to you later.
 
Exhausting Available Avenues. Lt Cdr PS Nath (Retd) and Cdr Chnadrashekhar (Retd) have opined that we have to exhaust available avenues to get our grievance redressed. I am enclosing a copy of my letter addressed to Min of Def (ESW). I request all of you send such a letter by post to Min of Def with a soft copy to me. After this only, we can file our case in AFT. We have to give some time for Min of Def to act on our letter. Even though we know Min of Def will not fix higher pension as we demand, but that is the minimum requirement before we go in front of AFT.
 
 Vakalatnama. Each of the litigants have to sign vakalatnama. I will send a copy of Vakalatnam to each of you who express willingness to become a litigant in this case.
 
JCOs& OR. It was felt by majority of officers present that it becomes difficult for judges in AFT to understand our case if all (i.e. From Sep to Brig) are to be included as litigants in one case. The fixation of pay and therefore pension of JCOs and OR is different. I have asked Veteran Kanthaiah of EXWEL trust Tirunalveli who is an expert in pay& pensions of JCOs & OR to advise me whether the fixation of pension has been done to JCOs and OR like they did for Officers. If it is same then JCOs and OR are also eligible to become litigants in our case. After winning the case for Officers, we can then file a second appeal for JCOs & OR. It was therefore decided that in the first instance this case to be filed in AFT New Delhi is restricted to Officers only.
 
All those Officers who want to be joint litigants to get our pensions enhanced as on Jan 2006 are requested to firstly become members of Tri Services Ex-Servicemen Welfare Association (TSEWA). We do not have much time to file the case in AFT Delhi. We are awaiting judgment of hon’ble Supreme Court in  the case of 52 Maj Gens Vs UOI which is likely to be delivered on 28 Sep 2015.
 
Therefore if you believe in our cause immediately join TSEWA. Please inform your veteran friends including widows of Officers anywhere in India. Please do not miss out widows of Officers from ranks of Lt to Brig. We will charge very small amount from each of them which they can easily afford to remit. I am enclosing a membership form of TSEWA.
 
I will continue to post latest development on this legal case from time to time to only those veterans who have joined TSEWA in this just cause.
 
Once we file our case in AFT, then it is not possible for anyone else to get his or her name included in our appeal.
 
All pre – 2006 officers from three services irrespective of your place of residence in India can join TSEWA.
 
If you decided to join TSEWA, download the form and fill it up in CAPITAL LETTERS, affix one joint photo with your spouse and one single photo (for I-card).Remit the membership fee of Rs 160 (membership fee Rs 100 plus I- Card fee of Rs 20 and courier charges to send your I- Card for Rs 40). Send the membership form hard copy to Lt Col Parvathesam, Treasurer at 203 Acropolis Orchids, Rukminipuri, Dr AS Rao Nagar, ECIL(PO), Secunderabad – 500062.  
 
Please remember any financial benefit is given by Min of Def (ESW) to only those whose names are there in the appeal filed in AFT.
 
            There are hundreds of Maj Gens and widows who did not join 52 Maj Gens due to not being aware, are now running form pillar to post to get their names included. Let this not happen with us. So it is your responsibility not only to join TSEWA but ensure all eligible Officers and widows of Officers join.      
     
Make your own choice.
Regards,
Brig CS Vidyasagar (Retd)
 

12 comments:

  1. Though the cause is a just one and needed to be taken up much earlier, it is a case of better late than never.

    But that association ought to communicate the status of its ongoing efforts in a more coherent and centralised manner by starting their own web-site or blog. I came to know of this association and their planned litigation only through stray emails being sent about from one veteran to another and being shared on other forums.

    Most importantly, they need to be very clear about and sensitive to issues involved. Long ago, I had tried to connect inputs on some of the issues now being highlighted by them. This blog post was one such example http://goo.gl/ebE3bJ.

    ReplyDelete
  2. 1.​I am pre 2006 PBOR. I was discharged from Air Force on 31.05.1992 after completing 15 years of service in Group IV Trade. My basic pension on the date of discharge was Rs.479/- as per PPO No. 08/14/B/06606/1992. My pension was revised and improved on many occasions which are as follows:

    1. Pension on discharge 01.06.1992​​​Rs. 479.00
    2. Pension on 01.01.1996 V CPC​​​Rs.1480.00
    3. Pension on 01.01.2004 (DP Merger)​​​Rs.2220.00
    4. Improvement pension (with DP) 01.01.2006​​Rs.2411.00
    (Group of Ministers)
    5. Revised pension as on 01.01.2006 VI CPC​​Rs.3633.00
    6. Improvement pension 01.07.2009 (CSC)​​Rs.4515.00
    7. Improvement pension 24.09.2012​​​Rs.4949.00

    2.​On 10th October 1997 the pay structure was revised based on educational qualification and in which Group IV was merged with Group III and subsequently existing Group II and II were placed in "Y" group. The pay structure of Group III and Group IV were the same prior to 10.10.1997 or as on 09.10.1997 (i.e. 3775 - 85 - 5050)

    3.​As such pension for Group IV and Group III sergeants having 15 years of service and the same as on 01.01.2006 i.e. Rs.3633/-. Whereas on 01.07.2009 CSC has bridged the group of Pre 2006 and Post 2006 PBOR pensioners. In which pre 10.10.1997 PBOR pensioners were brought at par with post 10.10.1997 PBOR pensioners. Also refer SAF 01/05/2008 as PCDC Circular 471.

    4.​Since pre 10.10.1997 PBOR pensioners, were brought at par with post 10.10.1997 PBOR pensioners, my pension as on 01.07.2009 is to be fixed at Rs.4840/- (For Group III sergeant having 15 years of service as per Table 114 of PCDS Circular 430). But my pension was fixed at Rs.4515/- (Table 115 of PCDA Circular 430 which is for Group V, converted to Group IV and Group "Z")


    5.​In Case of PBOR who were invalidated out during 01.01.1986 to 31.12.1995 the pay drawn at the time of invalidment must shall be adopted for national fixation of the pay as on 01.01.1996 and it is further fixation as on 10.10.1997 at the rate given to similar PBOR of the same rank and group after the revision of pay scale wef 01.01.1996and 10.10.1997. I would like to state with heavy heart that government and the concerned issue circulars for the benefit of pensioners but these who implement the instruction and circulars were reluctant or ill conceived the same and the benefits were not reached to pensioners.

    6.​Further my pension was revised on 24.09.2012 as Rs.4949/- as PCDA Circular 501 Table No.17. As on 01.07.2009 my pension was fixed wrongly and the same is resulted in wrong fixation as on 24.09.2012. My pension as on 24.09.2012 is to be fixed as Rs.5301/- as per Table 17 of PCDA Circular 501. Para 5.2 of the PCDA Circular 501 state that pension payable from 01.07.2009 may be paid correctly first as per instruction contained in PCDA Circular 430 and thereafter pension to be revised as on 24.09.2012 as per PCDA Circular 501.

    7.​In view of above, I request you sir kindly verify the pension fixation as on 01.07.2009 and 24.12.2012 for 15 years qualifying service of a Sergeant of Group IV which merged to Group III on 10.10.1997. The CPPC Chennai fixed me wrongly using the wrong Table which can be verified and corrected only at CDA (AF) New Delhi.

    ReplyDelete
    Replies
    1. Dear Veteran,
      Awaiting your details and query to Sainik.Darpan@gmail.com

      or you may like to submit more details to
      Sainik Darpan Pension Panel Page

      http://sainikdarpan.blogspot.in/p/panel.html

      Thanks and Regards
      Editor Sainik Darpan

      Delete
  3. Pl give email id of tsewa/col parvathesam.as the tsewa website is showing its under construction.i am a veteran and want to join the broad banding case
    Col d ray (retd)kolkata

    ReplyDelete
    Replies
    1. Dear Col D Ray, I am Cdr I Bhattacharya (Retd). I also want to join the broadbanding case. I reside at Kolkata and my mail id is indranilbhatta1966@yahoo.co.in. Could you mail your contact number pls.

      Delete
    2. Dear Cdr Bhattacharya,

      Below are the E-mail ids
      Lt Col G Parvathesam majgp@yahoo.com.
      Please connect with Col N Sitaramaiah (mob no: 9441282198) for broad banding legal case. TSEWA has already filed (two cases) in AFT Delhi vide OA-166/2016 and OA - 168/2016.
      Regards,
      Brig CS Vidyasagar

      Delete
  4. Pl give email id of tsewa/col parvathesam.as the tsewa website is showing its under construction.i am a veteran and want to join the broad banding case
    Col d ray (retd)kolkata

    ReplyDelete
    Replies
    1. Dear Veteran,

      Please share your mail id or contact details to sainik.darpan@gmail.com

      Regards
      Editor Sainik Darpn

      Delete
    2. Dear Col D Ray,

      Below are the E-mail ids
      Lt Col G Parvathesam majgp@yahoo.com.
      Please connect with Col N Sitaramaiah (mob no: 9441282198) for broad banding legal case. TSEWA has already filed (two cases) in AFT Delhi vide OA-166/2016 and OA - 168/2016.
      Regards,
      Brig CS Vidyasagar

      Delete
  5. Sir, I am Lt Col K Guleria,residing in Baddi, 25 Kms from Chandigarh, and took PMR in 2009 after putting in 22 years of service. Can I join TSEWA? Am AGM in "TATA MOTORS", Pantnagar. I may please be contacted on k.guleria@ymail.com
    Regards

    ReplyDelete
  6. Namaste sir ji, main exHav vasant Bhadane AAD Artillery. Atpo. ojhar nashik maharashtra. kadun jai hind 7588205925. I want join TSEWA, please join me. vasant Bhadane @gmail. com

    ReplyDelete
  7. श्रीमान जी
    OROP संघर्ष चार दशक बाद आया ।अब सब पुर्व सैनिक संघ एक मंच पर रहे समय की पुकार हैं ।
    छोटे बडे का महत्व का नहीं है । कोई भी पुर्व सैनिक संघ या व्यक्तिगत परियतन लाभदायक रहेगा ।
    कोई भी साझला केस अदालत मे जाने पहले मंत्रालय के नाह करने पर ही जाने की सोचे तो अछा रहेगा ।
    Unity of ESM is our Slogan
    Vedpal Rathee
    VETERAN EKTA SANGH
    Office H.No.199/10
    DARYAV NAGAR ROHTAK HARYANA
    Rohtak

    ReplyDelete