TRI SERVICES EX-SERVICEMEN WELFARE ASSOCIATION (TSEWA)

Regn No: 495/2015 from Registrar of Societies, Hyderabad

Plot No 16


Bajarangnagar Colony


Risala Bazar, Bolarum


Hyderabad 500010

040-27118390
+91-9494037781
Mon-Sat: 9AM-6PM
Sunday Closed

 

 
 triservices.hyd@gmail.com
 

      An ISO 9001:2015 Certified Organization.

AFT Delhi Judgement order in respect of OA 1677/2016 (BB 2)


POSTED BY BRIG C S VIDYASAGAR ( Retd ) - 02 NOV 2017

AFT Delhi Judgement order in respect of OA 1677/2016 (BB 2) which was won on 30 Aug 2017 has been passed by the Court.

Please click on this link to view the judgement order.

      Veteran Rajneesh Keezhepatte took pains to get the judgment of BB – 2 case filed in AFT Delhi as OA – 1677/2016.

     I thank him for the efforts.

     Kindly put up this mail and also the judgment of AFT Delhi of our case.

     I will work out the arrears they are likely to get as per the judgment.

     I also take this opportunity to thank all those who are involved in filing the BB – 2 case and finally getting judgment. Col GB Sethi, Gen Secy, Lt Col G Parvathesam, Treasurer, Col N Sitaramaiah, All India Coordinator, Gp Capt CRR Sastry, Legal advisor, Brig SKS Rana, VSM, President Legal Division T SEWA and finally Brig Anil Srivastava, VSM our advocate in AFT who argued the case so successfully and got the judgment in our favour.

Warm regards,

Brig CS Vidyasagar (Rtd)
040-48540895
9493191380

DGR Employment Seminar (Job Fair) at Mumbai

POSTED BY CMDE SUDHEER  PARKALA :: 02 Nov 17

An ex-servicemen employment seminar under the aegis of HQ MG&G Area, Mumbai is being organised by DGR in association with Confederation of Indian Industry (CII) at Mumbai on 25 November 2017 (rescheduled from 23 Nov 17). Hon'ble Raksha Rajya Mantri will be gracing the occassion.

Venue: Garrison Batallion Ground, Opposite INHS Asvini, Colaba, Mumbai (changed from World Trade Centre, Cuffe Parade)

All retired and retiring Armed Forces Personnel planning to seek employment may visit DGR website at http://www.dgrindia.com and click on the link "DGR ESM Employment Seminar - Mumbai-23 Nov 2017" or log on to http://www.triviz.com.

Entry for ESM Job Seekers inside venue on first come first server basis. No reference will be given to online registered candidates.

Dress - Shirt & Tie/Mufti

UID FOR DISABILITY

BY BRIG S K S RANA, VSM ON 05 NOV 17 AT 8.26 PM

Dear All,
All those drawing disability pension may like to apply for the UID for disability as per the instructions given on the web site. The form for reference is attached it can be down loaded and completed as also online submission can be done by the individuals.
Have A Wonderful 
Day.

Fond regards,
Brig SKS Rana, VSM
TSEWA-0924
Head Legal Cell
Tri-Services Ex-Servicemen Welfare Association( ISO 9000:2015 )
Mob+91- 9810281035
Be grateful to those who stood by you in your bad times.
But do forgive those who did not.

PROGRESS COURT CASES -OCT 17

PROGRESS COURT CASES -OCT 17 

Sr No.

Case Title

OA No.

LDH

NDH

Status

Remark

1.

Brig SKS Rana & Ors Vs UOI&Ors

OA No. 34/2016

12.10.2017

07.11.2017

Rejoinder submitted

 

2

Lt Col Atul Chaudhary &Ors Vs UOI &Ors

OA No. 168/2016

16.08.2017

No date given, it will come in regular list as per serial No.

 

For final order/ judgement

3

Lt KP Radhakrishnan & Ors Vs UOI & Ors

OA No. 664/2016

25.10.2017

13.12.2017

C/A received from  Army and Navy only

Draft awaited from Col Radhakrishnan.

4

Lt Col Shashi Chaudhary &Ors Vs UOI &Ors

OA No. 1677/2016

 

30.08.2017

Implementation letter sent on 03.11.2017 to all chief

 

Petition allowed.Implementation orders are awaited.

5

Maj Ashok Kumar Gadhok&Ors Vs UOI &Ors

OA No. 457/2017

02.11.2017

10.01.2018

C/A received only from army,

Reply awaited from Navy and AF

 

6

Lt Col RudraParatp Singh &Ors Vs UOI &Ors

OA No. 949/2017

10.10.2017

Not announced. To in the regular hearing column as per serial No

Granted another four weeks’ time for filing the counter affidavit. Rejoinder, if any, within a week thereafter.

 

7

Ex Hav Arvind  Mohan &Ors Vs UOI &Ors

OA No. 1545/2016

24.10.2017

07.12.2017

C/A Awaited

 

8

Maj Sudarshan Kumar Sharma &Ors Vs UOI &Ors

OA No. 661/2017

13 Jul 17

16.11.2017

C/A received from army only. Awaited from Navy and AF

 

9

Capt Hoshiar Singh Atri & Ors Vs UOI & Ors

OA No. 679/2017

20 Jul 17

16.11.17

C/A received

 

10

Sqn Ldr Sarat Chand Varma &Ors Vs UOI &Ors

OA No. 276/2017

10.10.2017

08.11.2017

Time granted to verify facts of few applicants.

 

11

Ex Hony Sub Maj Pritthi Singh &Ors Vs UOI &Ors

OA No. 599/2017

19.09.2017

07.11.2017

C/A Awaited.

 

12.

Sqn Ldr Suresh Kumar Kapoor &Ors Vs UOI &Ors

OA No. 1227/2017

01.11.2017

06.11.2017

 

Notice issued to resp.

13

Lt Cdr Bal Chandra Pandey &Ors Vs UOI &Ors

OA No. 1228/2017

08.09.2017

08.11.2017

 

Notice issued to resp.

LIST OF LITIGANTS : AFT- 29

30 OCTOBER 2017 by ADMIN

The List of Litigants of AFT 29 (Incorrect Fixation of Pension by Notional Pay Method for Pre-2013 Defence Services Officers) has been uploaded to the blog.

GOOD SAMARITANS WHO CONTRIBUTE TO A WORTHY CAUSE

31 OCT 2017 by ADMIN 

This mail from a TSEWA member is being put up at Brig Vidyasagar’s request “for all to know there are still some good samaritans who contribute to a worthy cause”.

Dear Vidyasagar,
I hope that you will see this mail in good health and wit. It is since long I communicated with you, but I keenly follow your blog and admire your patience and knowledge on various issues from the NFU for over ambitious Pensioners down to the simplest dumb queries by Officers and others. Only once you last your temper, of-course with a reason. Most of the time your help to many are laudable, you literally are spoon feeding us out dues.

Now coming to the point, I became a member of the AFT Case 13B and paid the requisite fee INR 5,000/-. [Major Goswami was the All India coordinator]. As there were no sufficient members to proceed with the case, it was terminated. Now that amount is with the TSEWA. All I want is to transfer the entire amount from the AFT Account of the TSEWA, to the Reserve Account of the TSEWA (as a token donation). Can your Accounts Department do it with this (letter) mail as an authority to effect the transfer of this sort? Kindly advise an alternative if it can’t be done the way I suggested.

Earlier this year I donated INR 5,000/- and this will be my 2nd one. I promise you that every quarter I will repeat this exercise and that the only way I can be part of the TSEWA Community. After all, in this small way only I can be your genuine friend.

With warm and fond regards

Major AM Manohar
TSEWA Membership No: 3060

STATUS OF T-SEWA CASES FILED BEFORE THE HON’BLE AFT (PB)NEW DELHI ( Part 2 )

THE TABLE HAS BEEN PUT IN THE EARLIER POST ( PART - 1 )
Fresh status of the Court Cases going on in the AFT(PB) New Delhi is attached for your info please. Certain mistakes in the NDH have now been amended. 

This is to inform all that the mistakes were deliberate and not inadvertently made just to see what was the response from the house which is very encouraging as quite a few members have sought a change in the dates after following the AFT (PB) site. 

It is therefore assumed that that all those keen to know the progress of their cases can go to AFT site and follow up progress of their cases.

STATUS OF T-SEWA CASES FILED BEFORE THE HON’BLE AFT (PB)NEW DELHI ( Part - 1 )

Sr No.

Case Title

OA No.

LDH

NDH

Status

Remark

1.

Brig SKS Rana & Ors Vs UOI & Ors

OA No. 34/2016

04.09.2017

12.10.2017

C/A received from Army only  

 

2

Lt Col Atul Chaudhary & Ors Vs UOI & Ors

OA No. 168/2016

17 Jul 17

No date given by the court it will come in regular list as per seriatim vise

 

For final order

3

Lt KP Radhakrishnan & Ors Vs UOI & Ors

OA No. 664/2016

15 Sep 2017

17.10.2017

C/A received from  Army and Navy only

 

4

Lt Col Shashi Chaudhary & Ors Vs UOI & Ors

OA No. 1677/2016

 

30.08.2017

C/A Awaited

 

Petition allowed order awaited

5

Maj Ashok Kumar Gadhok & Ors Vs UOI & Ors

OA No. 457/2017

12.09.2017

02.11.2017

C/A received only from army

 

6

Lt Col Rudra Paratp Singh & Ors Vs UOI & Ors

OA No. 949/2017

30.05.2017

10.10.2017

C/A Awaited

Admitted notice issued to the Resp. for filing the reply.

7

Ex Hav A Mohan & Ors Vs UOI & Ors

OA No. 1545/2016

05.09.2017

24.10.2017

C/A Awaited

PR Court

8

Maj Sudarshan Kumar Sharma & Ors Vs UOI & Ors

OA No. 661/2017

13 Jul 17

16.11.2017

C/A received from army only

 

9

Capt Hoshiar Singh Atri & Ors Vs UOI & Ors

OA No. 679/2017

20 Jul 17

16.11.17

C/A received

 

10

Sqn Ldr Sarat Chand Varma & Ors Vs UOI & Ors

OA No. 276/2017

08.09.2017

09.10.2017

Due to lack of quorum bench did not on several occasion. 

For admission

11

Ex Hony Nb Sub Pritthi Singh & Ors Vs UOI & Ors

OA No. 599/2017

19.09.2017

07.11.2017

C/A Awaited

 

12.

Sqn Ldr Suresh Kumar Kapoor & Ors Vs UOI & Ors

OA No. 1227/2017

08.09.2017

01.11.2017

 

Notice issued to resp.

13

Lt Cdr Bal Chandra Pandey & Ors Vs UOI & Ors

OA No. 1228/2017

08.09.2017

08.11.2017

 

Notice issued to resp.


MINUTES OF TSEWA MEETING HELD ON 04 OCT 17 AT 143, VAYUPURI, HYDERABAD

MINUTES OF TSEWA CORE  GP MEETING HELD AT 0900 HRS

 ON 04 OCT 2017 AT 143,  VAYUPURI, SECUNDERABAD

The following members were present:-

1.   Brig CS Vidyasagar (Rtd)                              -  President     

2.  Cmde Sudheer Parakala (Rtd)                        -         Vice President & Member Charity Division

3.  Sgt Lawrence Joseph (Rtd)                             -         Vice President

4.  Col Dr GB Sethi (Rtd)                                     -  General Secretary

5.  Lt Col G Parvathesam (Rtd)                            -  Treasurer

6.  Gp Capt CRR Sastry (Rtd)                             -         Joint Secretary

7.  H/ Capt B Joseph (Rtd)                                  -         Joint Secretary

8.  H/ Capt M Narasimha Reddy(Rtd)                  -  President, T SEWA Telangana

9.   Col MK Veeramani (Rtd)                                -  Member & Head Charity Division

        10.   Air Cmde GS Nijjar                                      -          Member Charity Division

11.   Lt Col N Ravi Chowdhary (Rtd)                    -         Legal Advisor & Member

12.   Lt Col Vijay Chandra Salins (Rtd)                -  Administrator T SEWA Web

13  Hony Capt M Narasimha Reddy (Rtd)            -  President, T SEWA, Telangana

14.  Lt Col Hari (Rtd)                                           -  Member

15.  Lt Col Dr K Bhaskar Reddy                           -  Medical Advisor, Head Audit Team

16.   Brig T Ramaiah (Rtd)                                  -  Special Invitee

17.   Smt Asha                                                    -  Special Invitee

 

      Opening the discussions President welcomed all and thanked each one of themfor attending today’s meeting. Then he introduced Mrs Asha to all the members. As usual he said that first Gen Secy will give his points, followed by Treasurer, then Vice President, then Head Charity Division, followed by all others. Lastly President will give his points.

Points from Gen Secy          

Donation of Smt Sarla Kriplani, a civilian to T SEWA

 

               Gen Secy said that Mrs Tina Ambani is publishing a magazine by name “ Harmony “ from Mumbai. They heard the good work being done by TSEWA. Their local correspondent came, took the interview of President and Gen Secy. The same has been published in their Magazine “ Harmony “. Reading that article, Mrs Sarala Kripalani, who is not even a member of TSEWA, who is a civilian, donated Rs 50,000/- to TSEWA for our Charitable activities. Her gesture was very much appreciated by all, and she was thanked profusely.

               Hav Harish Asthana, President, T SEWA, UP and Lt Col VRS Ramana Reddy helped 3 JCOs to get their dues, which was pending for a long time. All present thanked Hav Harish Asthana and Lt Col VRS Ramana Reddy for their good work.

 

Progress on AFT New Cases    

           Gen Secy informed that Hony Nb Sub – 2 documents were dispatched to Brig SKS Rana VSM, President Legal Divison of T SEWA on 27 Sep 2017.

          For AFT 15 i.e Getting benefit of  MACP for pre – 2006 JCOs /OR, only 17 members have joined so far. More are not likely to join. Therefore, it was decided that Lt Col N Ravi Chaudhary will select a local member as the Lead Litigant and file this case at Secunderabad Circuit Bench of AFT Chennai . Lt Col Ravi Chaudhary agreed to do the needful. Gen Secy was asked to co ordinate with both Lt Col Ravi Chaudhary and Gp Capt CRR Sastry who will do the needful immediately.

         All Documents of AFT 5, i.e Enhanced Rate OFP for family pensioners (widows) of JCOs /OR are ready for dispatch. The same will be sent on 09 Oct 2017 to Brig SKS Rana VSM.

          Regarding BB- 3, Air Cmde Nijjar has raised a point, that in view of Govt  letter dated 05 Sep 2017 regarding automatic payment of dues of of BB, whether is there  any need to file BB-3 and BB-4 cases. President and General Secretary informed that though letter of Govt of India, Ministry of Def dated 05 Sep 2017 mention of benefit of broad banding to be given to all those drawing disability element as on Jan 2016, it is better to wait for some more for clarity as many a time the Govt letters are very ambiguous. Once the pre – 2016 disabled soldiers are given benefit of broad banding then only BB – 3 and BB – 4 can be dropped.

      Air Cmde Nijjar wanted someone to help him in making the Legal Brief for the AFT – 17:  Reservists case. President volunteered to help him and jointly legal brief will be made soon. Hence this can be filed at AFT Delhi. Regarding BB-4  if required, Lt Col Ravi Chaudhary and Gp Capt Sastry will check the documents and will forward the same to Brig SKS Rana VSM.

 

Action to be taken by     President, Gp Capt Sastry, Lt Col Ravi Chaudhary, Air Cmde Nijjar,

Brig SKS Rana VSM.

 

Points from Lt Col G Parvathesam, Treasurer  

Internal Audit   

           Treasurer informed that during the Core Gp meeting held on 20 Sep 2017, it was decided that Lt Col Dr K Bhaskar Reddy will carry out the internal Audit of our accounts. He said the accounts are  ready and  Lt Col Dr K Bhaskar Reddy can carry out the Internal Audit now. Lt Col Dr K Bhaskar Reddy said that on 07 Oct and on 08 Oct i.e on Saturday and Sunday, he will carry out the audit. Since Sunday is a holiday for our office staff, he was asked to do the audit on 07 Oct. If it was not completed  in one day i.e on 07 Oct, then it can be done only after 12 Oct, since Treasurer will be out of station from 07 Oct to 12 Oct 2017. He had agreed for the same.

 

Action to be taken by       Lt Col Dr K Bhaskara Reddy, Treasurer

AFT Case on Col TS – 2.    

         Treasurer informed that all documents of Col TS - 2 are ready. The Memo of parties will be prepared and sent to Brig SKS Rana VSM. After that it will be put on our Blog. By Nov 2017, Brig SKS Rana VSM and Brig Srivastava VSM, may be able to file the case.

 

Action to be taken by         All concerned.

Points from Col MK Veeramani, President, Charity Divison of T SEWA

 

         Col MK Veeramani informed that he has sent one e mail to all the members of TSEWA , (who are having an e mail id), to locate poor, deserving students, who are very good at Studies, so that TSEWA can help them financially to pursue their studies. Then he has sent individual e mails to all  Presidents, i.e Dist Presidents, State Presidents and Zonal Presidents by name. Then  he had sent a SMS to all Dist, State and Zonal Presidents . W/O Tamil Chellvam, President, T SEWA Tamilnadu, Col Kishor Sinh Gohil, President, T SEWA, Gujrat and Sub KV Subba Rao, President, Coastal Andhra Pradesh only responded so far.  Till now charity division has not got any case for charity. At this rate it is not understood how the Charity money can be spent by 31 Mar 2018. It was suggested that President should send an e mail to all members to do the needful immediately.

 

President suggested that Giddalur, Prakasham Dist, Andhra Pradeh has got lot of ESMs. Since Lt Col VRS Ramana Reddy belong to that area, he asked Lt Col Ramana Reddy to go there , contact all the ESMs  with the help of Col N Sitaramaiah, former Vice – President, T SEWA and presently serving as O i/c ECHS Polyclinic, Giddalur and get as many deserving Cases as possible. Same way Lt Col G Parvathesam, Treasurer can do in his native district of West Godavari.

 President also requested H/ Capt B Joseph and H/ Capt MN Reddy to contact as many ESMs as possible locally and do the needful. President also suggested that we need to give advertisements on payment. We can pay the required fee to  RSI and get this published in the RSI weekly news letter. He also suggested that we can pay and get this information displayed as cinema slide during the picture days in RSI, Secunderabad. In addition H/ Capt  B Joseph was requested to display our charity work in the notice boards at both the ECHS polyclinics Secunderbaad, unit run canteens. H/ Capt Joseph was also requested to give an advertisement in Times of India, Hindu and Eenadu. President said that he will speak to Director Sainik Welfare, Telangana and A.P and put up a notice in their notice boards. President said that in case we are not able to spend the money by 31 Mar 2018, with all the proof what we have done to give maximum publicity for this noble cause, we can request IT Dept to allow us to carry forward the unspent portion in the next FY. If the Commissioner Incoem Tax (Exemptions) Hyderabad agrees to our request, it is well and good, if not income tax will be paid on the unspent amount.

 

Action to be taken by       President, Lt Col Ramana  Reddy, Lt Col Parvathesam, H/ Capt  Joseph, H/ Capt MN Reddy, Cmde Sudheer Parakala, Charity Division & Gen Secy

 

Progress of EME JCOs case of Wrongful Deduction for Not Opting to Come under 6th CPC

    

         Col MK Veeramani informed that he has sent individual e mails to all the JCOs who have not sent the documents and the Legal Fees. Then he has sent SMS to all the JCOs. Still excepting one JCO, nobody else has responded. It was decided that we are having the complete set of documents required from 21 JCOs. They have also paid the Legal Fees. So it was decided that Lt Col Ravi Chaudhary and Gp Capt Sastry will file the case at Secunderabad Circuit bench of AFT Chennai immediately. Col MK Veeramani said that local EME Record Office and PAO (OR) EME have asked the affected JCOs to file the case in local AFT circuit bench  Secunderabad . Col Veeramani said that he  has collected the Judgment Copies of 5 cases where the Judgment have been given in favour of the EME JCOs.

 

Action to be taken by     Lt Col Ravi Chaudhary, Gp Capt Sastrey, Gen Secy.

 

Point from H/ Capt B Joseph, Joint Secretary   

  

         H/ Capt Joseph informed that during the last Core Gp meeting , he had volunteered to go to  village of Sep Veeriah of Khammam dist, Telangana and do the needful  with the concerned Police Station to file an FIR for the missing person since his where abouts are not known. 17 KUMAON, his unit declared him as a Deserter and hence his wife is not getting any pension. She is suffering a lot with her children, since she is earning only around Rs 300/- per month. But he fell sick and could not go to her village. He said he will do it soon. He also suggested that there is AD Centre at Gopalpur-on-Sea near Behrampur, Odisha which is close to the village of Veeriah. Col Saras Kumar who hails from that place, is a TSEWA member, and he has joined in one of the AFT cases. Gen Secy was asked to contact him, ask him to use his good offices and do the needful in this regard. This lady needs immediate help.

 

Action to be taken by      H/ Capt Joseph, Gen Secy, Col Saras Kumar

 

Points from Lt Col Ravi  Chaudhary  

 

         Lt Col Ravi Chaudhary referred to letters dated 05 Sep 2017 and 21 Sep 2017 of Ministry of Defence and said that since the Govt letter says that w.e.f 01 Jan 2016 Suo Moto the BB will be given @ 50%, 75% & 100% to all disabled soldiers irrespective date of retirement hence there is no need to file BB3, & BB4 cases in AFTs. President and General Secretary clarified and said the case will be discussed with Brig SKS Rana VSM, and who in turn will discuss with Brig AK Srivastava VSM, our legal counsel and a final decision will be taken.

        Lt Col Ravi Chaudhary wanted to know that when we win any case in AFT, whether a copy of the Judgment is being sent by AFT to all Record Offices for the JCOs & Ors, in addition to

 MP 5 for officers? President clarified that for officers the Judgment copy will be sent to MP 5 and for JCOs & OR it will be sent to PS 4, who in turn will be sent the same to all Record Offices. This is being done by  Brig Anil Srivastava, VSM, our advocate

 

Action to be taken by    President,   Brig SKS Rana VSM

 

Presentation on AFT – 17 : Reservists by  Air Cmde GS Nijjar 

   

      In his presentation, Air Cmde GS Nijjar informed that he got documents of four types of Reservists

1.  Type 1.Those who have not served for the minimum pensionable period and hence not given any pension

2. Type 2. Those who have completed Colour Service but did not want to continue and do Reserve Service (when offered), hence were  not given any Pension

3.  Type 3. Those who have completed Colour and Reserve Service and given 2/3 of OR’s  Pension, (but since 1973 Reserve Service is stopped), no Reservist retired during 2013 hence OROP is not given to them.

4.   Type 4.  Those who have completed Colour Service, and prepared to continue and complete Reserve Service but were not allowed to continue due to downsizing of Armed Forces or any other reason, but sent home. Such reservists are given Special Pension.

 

 

Out of the above, five Judgments have been given by AFTs in favour of the Reservists, to give pension to Type 1. In our list 17 members are there, who belong to this category. This legal case should be filed. 130 Reservists are getting pension, but OROP benefit is not given. Air Cmde Nijjar, Gp Capt Sastry and President will meet and finalise all the legal documents, as soon as Gp Capt CRR Sastry returns from his out station trip.

 

        At this juncture Cmde Sudheer Parakala, Vice President informed that a judgment given by courts of law in favour of 6,000 naval personnel. They are the ones who joined Navy for initial service of 10 years prior to 1973. There after the system of colour service was abolished and were given option to continue for another five years to get pension. Those who opted and served for 5 more years are granted pension of Sailors. Those who did not opt to continue to serve for another five years were not given pension. But those who opted to continue but could not be provided alternate appointment were sent home without any pensionary benefit and now the hon’ble Surpeme Court has ruled that such naval personnel who wanted to continue for another five years but sent out should be given special pension. There are about 6,000 such naval personnel who get benefitted as NPO, Mankhurd, Mumbai will now process their cases for special pension.

 

 

Action to be taken Nijjar by    Air Cmde, Gp Capt Sastry, President,   

MNS Case

 

       All the MNS officers , who had served for 20 years and retired as Captains and Majors are not given OROP. Since no MNS Capt / Major retired during 2013, hence OROP was not given. Since they have served for 20 years, they should be given Lt Col’s pension and also OROP. This case will be filed soon.

Action to be taken by     Air Cmde Nijjar, Gp Capt Sastry

 

Points from Mrs Asha   

      Mrs Asha, who has not become a TSEWA member yet , wanted to donate Rs 1,00,000/- to TSEWA for Charity. She wanted this money to be spent on family pensioners of Jawans and girl children of ESMs who cannot pursue studies due to poor family back ground. President explained about donation for a specific purpose and general charity. He also explained the IT Exemption if donation comes as specific donation. Mrs Asha was prepared to give a certificate that her donation is a specific charity purpose.

Action to be taken by       Treasurer, Gen Secy

 

Points from Lt Col VC Salins, Administrator, T SEWA Website  

      Lt Col VC Salins brought out that T SEWA website is being updated periodically and all the useful information are being uploaded.

 

Points from President 

   

       President informed that during the last meeting he gave a detailed presentation about the anomalies in 7 CPC Pay Matrix . He had explained how this affects the Serving officers and how this will affect Veterans after 2018. He also said that he had discussed this case with Brig Narinder  Dhand and a serving Brigadier and both of them agreed in toto on the views given by the President. Another serving officer gave reference of Mrs Neela Joshi, wife of a serving officer and a practicing lawyer of Supreme Court. The indication is that we should file a PIL in the Supreme Court immediately with all supporting documents for this case of wrong Entry pay arrived in Defence Pay Matrix as what is applicable to civilians is not applicable to Armed Forces. President said that he will speak to Mrs Neela Joshi, and  later on to Brig SKS Rana  VSM, so that a PIL can be filed. It was decided that Brig SKS Rana VSM, will discuss with Mrs Neela Joshi and decide the fees to file and argue the PIL in the Supreme Court.

Action to be taken by      President, Brig SKS Rana VSM

 

Non Receipt of Certified Copy of BB-2 Judgment 

  

        President said that after we won BB-1 case, he had worked out how much of arrears each petitioner will get. Same way now he will work out the arrears for BB-2 case also as soon as we receive the certified copy from Brig SKS Rana, VSM, Head Legal Division.

Action to be taken by     Brig SKS Rana VSM, President

Volunteers from Himachal Pradesh

      President informed that Col KKS Dadwal, President, T SEWA Himachal Pradesh spoke to  him that two more officers are prepared to help TSEWA in HP. He wanted to know their designations. It was decided that he can co opt any member to help him and he can give the suitable designations to them such as General Secretary T SEWA HP, Treasurer, T SEWA HP as the same have been recommended by Cmde Sudheer Parakala in his vision document of T SEWA as and when it grows to bigger size.

      Col KKS Dadwal has also informed that he has employed a lady to help him in  maintaining his office work. It was agreed that any money spent to maintain his  office is acceptable. He can raise the bill on TSEWA and the money will be reimbursed to him.

Action to be taken by     Col KKS Dadwal, Treasurer

 

Designation of Heads of Various Divisons of T SEWA.

     Based on request received from one of the heads of the various divisions of  T SEWA the nomenclature is changed as shown below:-

    (a)   Brig SKS Rana, VSM (Rtd)               -         President, Legal Division, T SEWA

    (b)   Lt Col Latif Vadakkayil (Rtd)              -         President, Pension Division, T SEWA

    ©    JWO Milan Das (Rtd)                        -         President, CPENGRAMS Divisin, T SEWA

    (d)  Col MK Veeramni (Rtd)                      -         President, Charity Division, T SEWA

   

 

   There being no other point President thanked all and the meeting was declared as closed. The next meeting will be held on, Tuesday 17 Oct 2017 (Diwali being celebrated on 18 Oct).

 

7 CPC - GETTING YOUR DUES : NOTICE FOR OFFICERS, HONY CAPT & HONY LT ( Part - 2 )

27

634

645

1412

1824

1404

1654

6508

5902

28

634

645

1412

2409

2601

251

6338

6419

29

634

645

1412

2396

2588

238

5511

5496

30

634

645

1981

96

403

653

5511

5496

31

634

645

991

96

390

640

5511

5496

32

634

645

2254

96

390

2465

5511

5496

33

634

645

2254

96

2295

2229

5511

5496

 

If you wish that you should  get your DUE of increased pension,  you have to seek legal remedy. 

Please join court case AFT 29 of TSEWA,  for Offrs, Hony Capt and Hony Lt.  Requirement: Membership, 4 forms and Rs 5000/- fees.  For details, Please contact TSEWA.

Please also see part 1

7 CPC GETTING YOUR DUES - NOTICE FOR JCO, NCO & OR

NOTICE  : 7 CPC : JCO, NCO, OR

DATE TO BE ADOPTED FOR WORKING OUT PAY AND PENSION

Govt Orders of 7 CPC of 5 Sep 2017 states :-

1.  2 methods of calculating entitled pension                                                                                                     

(a)  2.57 Method   (b)  Notional Pay Method

2.  Date adopted for working out Notional pension  to be 1.1.2006

After adoption of OROP in Jul 2014, ALL pre OROP retirees can be deemed to have retired in Jul 2014. Hence, DATE TO BE ADOPTED for working out Pay / Pension should be Jul 2014 and NOT JAN 2006.  Thus, starting pay and pension wil be higher.


This will also result in INCREASE IN YOUR PENSION by NOTIONAL PAY method, over presently adopted 2.57 method.


Service (Yrs Sep Nk Hav Artificer III-I Nb Sub Sub SM

X Y X Y X Y X Y X Y X Y

15 249 Nil 395 129 143 154 622 175 93 554 554 841 363

16 249 Nil 395 129 253 549 622 175 93 225 554 751 262

17 249 Nil 395 129 486 549 622 175 93 782 782 684 183

18 249 Nil 395 129 486 395 622 175 93 367 782 588 74

19 249 Nil 395 129 135 293 622 175 93 367 782 588 74

20 249 Nil 395 129 135 543 Nil 175 52 367 782 588 74

21 249 Nil 395 129 135 543 Nil 175 418 367 782 412 74

22 249 Nil 395 129 135 543 Nil 48 638 367 782 412 74

23 249 Nil 395 129 158 543 Nil 88 369 367 782 412 74

24 249 Nil 620 129 874 508 Nil 814 123 367 782 412 533

25 249 Nil 620 129 874 508 Nil 814 38 790 782 121 533

26 249 Nil 620 129 874 580 Nil 633 377 790 34 121 533

27 249 Nil 620 129 874 580 Nil 482 350 75 601 796 533

28 249 Nil 620 129 874 580 Nil 334 203 722 390 707 960

29 182 390 678 183

30 564 196 273 183

31 762 183

32 762 183

33 762 183

If you wish that you should  get your DUE of increased pension,  you have to seek legal remedy. 

Please join court case AFT 30 of TSEWA,  for JCO, NCO, & OR.  Requirement: Membership, 4 forms and Rs 5000/- fees.  For details, Please contact TSEWA


7 CPC GETTING YOUR DUES - NOTICE FOR OFFICERS, HONY CAPT & LT ( Part - 1 )

NOTICE FOR OFFICERS, HONY CAPT & HONY LT - 7 CPC

DATE TO BE ADOPTED FOR WORKING OUT PAY & PENSION

Govt Orders of 7 CPC, dated 5 Sep 2017 states :-

1.  2 methods of calculating entitled pay. (50% of pay, is pension )                                                     

(a)  2.57 Method   (b)  Notional Pay Method

2.  Date adopted for working out Notional pay / pension  to be 1.1.2006

After adoption of OROP in Jul 2014,  ALL  pre OROP  retirees can be  deemed to have retired in Jul 2014.  Hence, DATE TO BE ADOPTED for working out Pay /  Pension  should be Jul 2014 & NOT JAN 2006.  Thus, starting pay & pension  will be higher.

This will also result in  INCREASE IN YOUR PENSION by NOTIONAL PAY method, OVER presently adopted 2.57 method 

 

Monthly INCREASE IN BASIC PENSION by adoption of  date of JUL  2014 for working out pay & pension & ADOPTION OF NOTIONAL PAY METHOD

Service (Yrs)

Capt

Maj

Lt Col

Col

Brig

Maj Gen

Hony Lt

Hony Capt

20

472

418

1796

1236

 

 

5869

5797

21

222

1577

748

68

 

 

5773

5693

22

222

645

1160

68

 

 

5695

5693

23

222

645

1160

1480

 

 

5582

5693

24

271

645

1160

1261

 

 

6589

5902

25

271

645

268

1824

2474

274

6508

5902

26

271

645

171

1824

1667

1917

6508

5902

27

634

645

1412

1824

1404

1654

6508

5902


Please also see Part - 2

7 CPC - GETTING YOUR DUES

Dear veterans,

GOI has issued instruction on 5 Sep 2017, for the implementation of 7 CPC.  

For the working out of the entitled pay and pension, Jan 2006 has been given as the starting date.  However, after OROP, irrespective of the date of retirement, we have all been brought at par.

OROP was put into effect on 01 Jul 2014.  Hence, that should be the date set for working out the 7 CPC entitlement. 

Brig CS Vidyasagar, President TSEWA has given detailed explanation in his mails.  I have condensed his mails, and reduced them to 2 notices.  You could study them, and be educated.

You could go in for litigation... AFT 29 for Offrs, and AFT 30 for JCO, NCO and OR.

Regards

Babu

THE NOTICES ARE PUT UP AS 2 DIFFERENT POSTS AS FOLLOWS :-

1. 7 CPC - GETTING YOUR DUES : NOTICE FOR OFFICERS, HONY CAPT & HONY LT

2. 7 CPC - GETTING YOUR DUES : NOTICE FOR JCO, NCO, OR


-- 

MISTAKES IN MIN OF DEF LETTER DATED 05 SEP 2017 ON PENSION FIXATION OF PRE - 2016 PENSIONERS

To: Secretary to Govt of India,

Ministry of Defence (Dept of EX-Servicemen Welfare)


Respected Sir,

1.    Wish you a happy Diwali. May this Diwali lighten up the dark corridors of Ministry of Defence and give wisdom to all civilians working only to deny legitimate entitlements of faujis. 


2.   Pardon me to intrude into your busy schedule. I find it necessary to send this communication to you as there are some mistakes in Ministry of Defence letter No: 17(01)/2017/(02/)/D(Pension/Policy) dated 05 Sep 2017 regarding the fixation of pension of pre – 2016 pensioners and also some irritants in the functioning of your ministry.


3.  Rank Pay of Major is not Rs 1000 in 4th CPC. Please see Annexure to your letter dated 05 Sep 2014 in1st Case of Major at ser No: 4, the rank pay has been shown as Rs 1,000. The rank pay of Major from Jan 1986 to Dec 1995 is only Rs 600. Kindly get it amended.


4.   Officers of Pre – 1986 Deprived  Benefit of Increments Earned at the time of Retirement. Your letter at para 4 says the pay at the time of retirement with grade pay has to be taken into account for notional pay fixation in subsequent CPCs. The basic pay comprises of pay plus increments earned till the time of retirement. In the 1st case whatever pay the Major drew with increments has to be taken into consideration and notional pay in 4th CPC should have been worked out corresponding to the pay drawn in 3rd CPC at the time of retirement. But in the case of Major retired in May 1976 in 3rd CPC period, your letter takes his notional pay in Jan 1986 at Rs 3,400 which is the minimum pay of Major in the integrated pay scale of Rs 2300 – 100 – 3900 – 150 – 5100. Your letter does not give any benefit to the increments but simply justify this mistake by quoting the following at para 8 of your letter:-

     Accordingly for the purpose of calculation of notional pay with effect from 1.1.2016 of those commissioned officers who retired or died before 1.1.1986, the pay scale and notional ay as on 1.1.1986 as arrived at in terms of of instructions issued vide this ministry’s letter No: 1(3)/98/D(Pen/Ser) dated 27.5.1998 ”.

      Sir, you cannot do it in this manner in fixation of Notional pay of pre – 1986 pensioners by ignoring their increments earned at the time of retirement. This method you adopted will deprive all Majors and other ranked officers of pre – 1986 vintage the benefit of increments whereas for officers who retired later i.e. w.e.f. Jan 1986 were given benefit of increments earned in service in fixing notional pay in subsequent CPCs.

5.      Violation of Art 14 of Constitution. By this you are giving benefit of increments to Post – 1986 retirees and denying the same to Pre – 1986 retirees violating Art 14 of Constitution. I request you to amend this para and give benefit of increments earned by pre – 1986 pensioners. Otherwise it will lead to unnecessary litigation as your ministry’s stance is totally discriminatory, unjust and arbitrary. This is to deny the enhanced pensionary benefit to pre – 1986 retirees. The courts will quash your Ministry's letter dated 27.5.1998. You have to see the object of approval given by Govt of India on fixation of pension by Notioanal Pay method. The intention of the Govt of India is to give benefit of increments earned whenever one retired. Do the civilians not get benefit of increments earned in 3rd CPC at the time of their retirement. Your IDAS officers somehow find some irrelevant letters of the past and implement it to deny a benefit to faujis.


6.    2nd Case. Here your letter shows the qualifying service of Colonel as 30 years (2 months to be ignored) retired in Apr 1988 in 4th CPC period. In Army one becomes a Colonel at service of 20 to 22 years. You showed his pay as Rs 4,650. The minimum pay of Colonel in 4th CPC in the integrated pay scale of Rs 2,300 – 100 – 3,900 – 150 – 5,100 is Rs 4,500.This indicates the Colonel earned only one increment at the time of retirement. This is totally incorrect as the Colonel would have earned 8 to 10 increments by the time he retired with QS of 30 years.  You have given benefit of only one increment to him i.e. Rs 4,500 + 150 = Rs 4,650 (with one increment his basic pay goes to Rs 4,650) at the time of retirement. Kindly get the PPO of this Colonel and see for yourself how he could have earned only one increment with QS of 30 years. If he has retired in Apr 1988 that indicates he would have been Colonel even in Jan 1986. Definitely the Colonel would have earned minimum three increments in that case. Also get his DO part II order from PCDA (O) Pune to see when he was  promoted as Colonel.


7.   Type of Commission. The Pension of Officers depend upon type of commission. The SL, SCOs and RCOs have the benefit of OR service counted towards Officers’ service. In such letters the type of commission also should be mentioned. In the 2nd case shown above Colonel with 30 years’ service has to be regular commissioned officer and cannot be SL /SCO/RCO as the later get commission as an Officer at very late stage. At 30 years of total QS, the SL/SCO/RCO could not have become a Colonel. 


8.   Non Availability of Earlier Letters. Your letter dated 05 Sep 2017 gives reference of 10 earlier letters of your ministry. It is well-nigh impossible to get a copy of these old letters. You are requested to issue instructions to your officers to enclose a copy of such letters or give a link to such letters so that we are able to visit them and understand the contents of old letters. Moreover it is a good practice to reproduce the relevant para of old letter in your letter dated 05 Sep 2017 so that readers do understand what the background was. Since you are only putting up your letters in internet there is no extra typing work. When we visit Central Pension Processing Centres, the common complaint we get is that they do not old letters of Govt of India.


9.   Interaction with Service Pay Commisson Cells. It appears you get draft Govt letter (DGL) from CGDA who might get it from PCDA (Pensions) Allahabad. It is generally SAOs who draft such letters and that is why you are losing 95% of cases in AFTs. I therefore request you, Sir, to kindly send such draft DGL  to Service Pay Commission cells and get their inputs. Then most of the litigations would not take place. 


10.    OROP Changes the Concept of Notional Pay Fixation. Your letter of 05 Sep 2017 shows method of Notional pay method of pension fixation of Armed Forces pensioners on similar lines as civilians. Armed Forces pensioners are granted OROP w.e..f Jul 2014. All Armed Forces pensioners are given enhanced pension w.e.f. Jul 2014. Therefore their transiting to 7th CPC is not from 3rd CPC to 4th CPC to 5CPC and finally to 6th CPC. The transiting has to be done for Armed Forces pensioners from Jul 2014 to Jan 2016. Your letter of 05 Sep 2017 shows Notional pay method of pension fixation is not beneficial to Pre – 2016 pensioners. I humbly submit that this method is beneficial to Pre – 2016 pensioner too by small amounts over the 2.57 method. If you do not amend you letter and show transition of pay w.e.f. Jul 2014 to Jan 2016, you will only face unnecessary litigation.


11.    Appointment of Judicial and Administrative Members. It is sad to note that your ministry has failed to appoint judicial and administrative members to most of the AFTs. To cite an example, Principal bench at Delhi has three benches. Two are non-functional as on date. The same is the case with some of regional benches. The AFTs are boon to Ex-Servicemen and serving soldiers to get their legitimate dues through less costly and timely adjudication of issues. I therefore request you to ensure before appointed members of AFTs complete their tenure, efforts must be made to fill up the likely vacancies by commencing action to find suitable replacement six months before expiry of the period of current incumbents. Otherwise you will be forcing Ex-Servicemen to approach hon’ble Supreme Court to intervene which will only add to your burden of duties.


     I therefore request you to kindly spare some time and go through the issues I have raised. 


    Even if you do not reply to me, I am quite satisfied if some action is taken on the issues I raised.


 

Warm Regards,
Brig CS Vidyasagar (Rtd)
9493191380 (Mobile connectivity is very poor in my residential complex)
040-48540895
Whatsapp: 9052345814

AFT - 29 : FORMS FOR WIDOWS - OFFICERS

The forms for family pensioners of officers for AFT 29 have been uploaded on the blog.

ADJUSTMENT OF EARLIER UNUTILISED LEGAL FEE FOR AFT28B

   I have been receiving of late some mails from members of T SEWA who joined T - 33 legal case almost two years back,. The request now is that since T - 33 case was dropped as Govt of India implemented judgment of hon'ble AFT and their plea is that since they did not take back their legal fees of Rs 5,000 one year back that money should be adjusted for AFT - 29 case.


   I humbly inform such officers that T SEWA is not a bania shop where you can say " I do not like this item. So give me my money back".

   Most of the petitioners of T-33 informed us of their decision to donated the money. Very few wanted refund which we promptly refunded. Accounts are closed and income tax was already paid. 

   Now there is no question of any of T - 33 petitioners to ask for adjustment of any kind.

  You also must understand considerable sum was expended to make almost 500 sets of documents, legal brief, memo of parties etc to be submitted to AFT Delhi. The case was dropped at the last minute.

   If you want to join AFT - 29, then please pay pittance of legal fees of Rs 5,000.

   T SEWA will not entertain any such requests in future.

warm regards,

Brig CS Vidyasagar (Rtd)
9493191380 (Mobile connectivity is very poor in my residential complex)
040-48540895
Whatsapp: 9052345814

Clarifications on AFT – 29

AFT 29 / AFT CASES

Clarifications on AFT – 29

Dear Sir,

  1. After I put the list of 225 petitioners of AFT – 29 who sent their legal documents and legal fees to HQ T SEWA directly, there are number of queries from the environment. The aim of putting up the list with minimal data is to reduce e-mail traffic as everyone who sent the legal papers are asking us whether his or her name is included in the AFT – 29 case. Secondly if we made a mistake in compiling the list of Petitioners, then we can get corrections from the petitioners. For example Lt Col Ramachandran from AWHO Ved Vihar, Trimulgherry, Secunderabad from AMC informed me telephonically that he did not join AFT – 29 yet his name has appeared in the list (Lucky guy but honest one). Another officer mentioned that he is from Kerala where as he is shown to hail from Tamilnadu. Such mistakes committed by us are easily corrected. After all when we handle 35 legal cases, our staff also is bound to make mistakes.
  2. All those who sent their papers to Cdr Sudhir Dua, All India Coordinator till 01 Nov will be included in the AFT – 29 case. So you should not have any doubts about it.
  3. Batches. Our advocate of AFT Delhi seeing the slow progress of our first case AFT – 34/2016 in which there are 1,049 petitioners found that the Govt counsel gets a good excuse to delay the proceedings of the AFT Delhi saying he has to study all 1,049 records. Though this case was filed in Sep 2015, till date not much has progressed due to large number of petitioners in one legal case. So our legal counsel correctly advised us to restrict a batch to 100 petitioners.
  4. AFT – 29. Our experience is it takes almost 12 to 15 months for all to come to know of a legal case filed by T SEWA in AFTs. Therefore we have a number of batches of the same legal case. For example we have Broad-banding – 1 , BB – 2 (which we won both), BB – 3 and BB – 4. Similarly we have Lt Cols to get pension of Col TS No 1 and similar case No 2. So is Hony Nb Sub No 1 and Hony Nb Sub No 2. We can also have AFT – 29 B, AFT – 29 C, AFT – 29 D to AFT – 29 Z with each batch with petitioners restricted to 100 to get speedier judgment.
  5. Late Comers. If anyone of you have not yet joined AFT – 29 case by 01 Nov 2017, you are most welcome to join AFT – 29 B and subsequent batches. You can continue to send your legal documents and legal fees by cheque to Cdr Sudhir Dua (tsewa.aft29@gmail.com) till we get minimum 100 petitioners. You can also send your legal fees to HQ T SEWA directly through NEFT. Cdr Sudhir Dua will handle AFT – 29 series till he gets fed up, therefore pose all your queries to him on this case.
  6. Viability.We will not be able to pay our legal counsel in AFT – 29 if the number of petitioners is less than 100. Hence we will only stop AFT – 29 series when we do not get 100 petitioners. As per my guess it may take 12 to 15 months.

With this mail, I hope your apprehensions are allayed. If you have any doubts do not hesitate to call me at any time to get any clarifications on AFT – 29. For all other legal cases please call Lt Col G Parvathesam, Treasurer, T SEWA (majgp@yahoo.com).

Warm Regards,

Brig CS Vidyasagar (Rtd)
9493191380 (Mobile connectivity is very poor in my residential complex)
040-48540895
Whatsapp: 9052345814

Legal Brief for AFT – 29: Incorrect Fixation of Pension by Notional Pay Method for Pre – 2013 De

AFT 29 / AFT CASES

Legal Brief for AFT – 29: Incorrect Fixation of Pension by Notional Pay Method for Pre – 2013 Defence Services Officers

Legal Brief for AFT – 29: Incorrect Fixation of Pension by Notional Pay Method for Pre – 2013 Defence Services Officers

Prayer.

  1. To quash Govt of India, Ministry of Defence letter No: 17(01)/2017/(02)ID(Pension/Policy) dated 05 Sep 2017 being unjust, discriminatory and illegal.
  2. To issue a revised letter on fixation of pension of Pre – 2013 Officers  of Armed Forces by working out notional pay by taking it w.e.f. Jul 2014 (and not from Jan 2006) to Jan 2016 irrespective date of retirement due to implementation of One Rank One Pension (OROP).
  3. To work out arrears of pension by taking pension in Circular 555 of PCDA (Pensions) Allahabad and arrive at notional pay from Jan 2016 and pay the arrears of pre – 2013 Armed Forces Officer Pensioners as it is higher than present 2.57 method

Background.

  1. The UPA Government announced sanction of One Rank One Pension (hereinafter called OROP) to all defence sevices pensioners during interim budget to the hon’ble Parliament in Feb 2014.
  2. It was followed by NDA – II Government by approving the grant of OROP in their budget in Jul 2014. Pursuant to the commitment made in passing finance bill 2014, the Government of India, Ministry of Defence sanctioned OROP and issued letter No: 12(i)/2014/D( Pen/Policy)-Part II dated 07 Nov 2015which specifically mention the following:-

“ Para 2.   OROP implies that uniform pension be paid to Defence Services personnel retiring in the same rank with same length of service regardless their date of retirement, which implies bridging the gap between the rates of pension of current pensioners and past pensioners at periodic intervals.

Para 3. Salient features of OROP are as follows:-

(i)   To begin with pension of past pensioners would be re-fixed on the basis of the pension of retirees of calendar year 2013 and the benefit will be effective from 1.7.2014.

(ii)    Pension will be refixed for all pensioners on the basis of average of minimum and maximum pension of personnel retired in 2013 in the same rank and in same length of service.

Para 6.   Detailed instructions relating to implementation of OROP along with tables indicating revised pension for each rank and each category shall be issued separately for updation and payment of arrears directly by pension disbursing agencies”

  1. Accordingly Government of India, Ministry of Defence issued another letter bearing No: 12( 1)/2014/ D(Pen/Policy) – Part II dated 03 Feb 2016containing 101 tables showing pension of all pre – 2013 Defence Services pensioners whose pension has been fixed on the Average of Maximum and Minimum of their counter parts of same rank and same length of service who actually retired in 2013.
  2. Therefore, by implementing OROP, the Govt of India, Ministry of Defence treated all pre – 2013 pensioners  of all ranks from Sepoy to Lt Gen HAG + as notionally retired in calendar year 2013. With this there are now only two category of pensioners i.e. 2013 pensioners and post – 2013 pensioners who drew more pension than what is given in OROP tables.
  3. Government of India, Ministry of Defence having accepted the recommendations of 7thCentral Pay Commission issued instructions on fixation of pensions for all pre – 2016 Defence Services Pensioners  vide their letter No:17(01)/2017/(02)ID(Pension/Policy) dated 05 Sep 2017. This letter gives the modality of fixation of pension by two methods viz Notional Pay Method of Pension Fixation and 2.57 Method.
  4. 2.57 Method of Pension Fixation.  It simply means the pension of all pre – 2016 pensioners is 2.57 x pension being drawn in the month of December 2015.
  5. Notional Pay Method.This method envisages the pay drawn at the time of retirement to be notionally worked out at each of the intervening Central Pay Commissions and finally come to 7th CPC period.
  6. Incorrect Implementation of Notional Pay Method.It is humbly submitted that all pre – 2013 pensioners having been treated as if they retired in calendar year 2013 by Government of India, Ministry of Defence vide their  12(i)/2014/D( Pen/Policy)-Part II dated 07 Nov 2015 has to fix pensions based on actual pension drawn in Jul 2014. The transiting to 7th CPC has to be carried out from Jul 2014 of all pre – 2013 pensioners irrespective of their date of retirement. But the Government of India, Ministry of Defence vide their 17(01)/2017/(02)ID(Pension/Policy) dated 05 Sep 2017 says

“ para 4. . The aforesaid Committee has submitted its report and the recommendations made by the Committee have been considered by the Government. Accordingly, it has been decided that revised pension/ family pension of all Armed Forces Personnel who retired/ died prior to 1.1.2016, shall be revised by notionally fixing their pay in the pay matrix recommended by the 7th CPC in the level corresponding to the pay in the pay scale/ pay band and grade pay at which they retired/ died. This will be done by notional pay fixation under each intervening Pay Commission based on the formula for revision of pay”.

In the illustrations given in the Annexure to above cited letter, the pay at the time of retirement of pensioners in 1976 have been taken into consideration, their notional pay in Jan 1986 has been worked out. This procedure was repeated till they arrived at Notional pay in Jan 2016.

When the same Govt of India, Ministry of Defence emphatically stated vide their letter implementing OROP in Nov 2015 that all pre – 2013 pensioners are deemed to have notionally retired in calendar year 2013 and their pensions have been enhanced to those of their counterparts of same rank and same length of service who actually retired in calendar year 2013, it is totally illogical, irrational and arbitrary to take the pay at the time of retirement and arrive at notional pay as has been done in the Ministry of Defence letter dated 05 Sep 2017.

  1. Notional Pay in Jul 2014.The pay of 2013 pensioner of Armed Forces personnel has been taken as sum of pay in pay band, grade pay and military service pay.

Notional Pay  = Pay in pay band + Grade pay + MSP
Pay in pay band + MSP = (Notional pay – MSP)
Pay in pay band + MSP has been considered for calculating Notional pay in Jan 2016.
Notional pay  = 2 x pension.
Pay in pay band + Grade pay = (2 x Pension) – MSP.

  1. Gain by Notional Pay Method.For any rank of officers of pre – 2013 vintage, notional pay method is better as shown in the table below:-

For Brig with 33 years of service, pension in OROP = Rs 37,570 (as per tables issued in Circular 555 of PCDA (Pensions) Allahabad

Notional pay in Jul 2014       = 2 x pension – MSP of Rs 6000
= (2 x 37570) – 6000 = Rs 69,140 pm

Notional pay in Jan 2016      = 2.57 x Notional pay in Jul 2014
=  2.57 x 69140 = Rs 1,77,690

Notional pay in Defence Pay Matrix given in Min of Def , Dept of Defence letter No: 1(6) /2016 / D(Pay /Services) dated 22 Jun 2017 is                             = Rs 1,82,200 pm + DR

Pension by Notional Pay Method = 0.50 x (Notional pay in Def pay matrix + MSP of Rs 15500)

Pension w.e.f. Jan 2016 = 0.50 x (1,82,200 + MSP of Rs 15500)
= Rs 98,850 + DR

Pension by 2.57 method               = Rs 37570 x 2.57 = Rs 96,555

Gain by Notional Pay Method        = Rs 98850 – Rs 96555

Rs 2,295 + DR per month

  1. Notional Pay Method Adopted by Govt of India is Faulty.The notional pay method deliberately adopted by Govt of India, Ministry of Defence is to take the pay at the time of retirement and then arrive at notional pay in subsequent Central pay commission periods of 4th CPC, 5th CPC , 6th CPC and finally arrive at 7th CPC. This method of working out is absolutely correct for civilians. But it has no relevance for Pre – 2013 defence Services pensioners as all of them have been brought to the level of 2013 by OROP. These Defence Services pensioners have got their revised and higher pension w.e.f. Jul 2014. Therefore the method of working out notional pay is not from date of retirement but from Jul 2014 when OROP was implemented and all pre – 2013 pensioners physically received higher pension.
  2. Deliberate Denial of Enhancement of Higher Pension.It is respectfully submitted that lower level Accountants in the rank of SAOs in Defence Accounts Department (DAD) who furnish such incorrect methods to Ministry of Defence having known fully that pension of Pre – 2013 pensioners of Defence Services have been enhanced by OROP w.e.f. Jul 2014 but  have adopted the method of civilians in Notional pay method. They fully well knew that the method adopted for civilians should not be adopted for Armed Forces who have been granted higher pension in July 2014 but have misled the Govt of India to adopt this faulty method just to deny higher pension howsoever small the higher pension may be.
  3. Notional Pay Method for Those Officers who Retired in Calendar Year 2013.The Govt of India, Ministry of Defence vide their letter dated 07 Nov 2015 mentioned that pension of all pre – 2013 pensioners is average of Maximum and Minimum of pension of officers of the same rank and same length of service who actually retired in calendar year 2013. The pension actually drawn by those officers who retired in calendar year 2013 will be seen and average of maximum and minimum pension shall be worked out and that pension known as OROP is given to all pre – 2013 retirees. In case the pension drawn by those officers who actually retired in calendar year 2013 is higher than OROP then that higher pension is protected. Their last pay drawn is multiplied by 2.57 and then see how it fits in Defence pay matrix given in Ministry of Defence letter dated 22 Jun 2017 and accordingly the pension w.ef. Jan 2016 is worked as explained in para 13 above.
  4. Violation of Article 14 of Constitution if  Method of Pension Fixation of Pre – 2013 Defence Services Pensioners and of those who actually Retied in Calendar year 2013 is Different. The pension of post – 2013 pensioners and those who actually retired in calendar year 2013 is more or less same. Therefore the method adopted for fixation of pension of those who actually retired in calendar year 2013 has to be adopted for the pre – 2013 pensioners as pension drawn w.e.f. Jul 2014 is same. Otherwise it is violation of Art 14 of Constitution.
  5. Gain in Pension of Pre – 2013 Defence Services Pensioners by Notional Pay Method.Govt of India, Ministry of Defence vide their letter dated 05 Sep 2017 in their illustrations taken wrongly show that for pre – 2013 pensioners the Notional pay method is not beneficial. This is because the notional pay method was adopted from year of retirement and taken through all intervening Central Pay Commissions. The Ministry of Defence conveniently forgets that all pre – 2013 Pensioners have been brought to the level of calendar year 2013 as date of retirement though it is notional but pensions were revised on the higher side compared to Jan 2006. For example the pension of Brigadier with 33 years of service in Jan 2006 is Rs 29,145 whereas with OROP his pension in calendar year 2013 has been fixed and paid w.e.f at Rs 37,570. Therefore in the Notional Pay Method of pension fixation, the transiting of pay for all pre – 2013 Defence Services Officers has to be from Jul 2014 and not from Jan 2006. The benefit financially all pre – 2013 Officers is given in annexure to this legal brief.

Final Prayer. It is humbly submitted that Notional Pay Method of pension fixation for pre – 2013 Defence Services Officers from ranks of Lt to Maj Gen be fixed by taking their notional pay as in Jul 2014 and work out the notional pay in Jan 2016. Accordingly their pensions be fixed as shown in Ministry of Defence letter dated 05 Sep 2017. Taking the pay at the time of retirement has been made irrelevant by OROP when pensions of pre – 2013 pensioners has been enhanced w.e.f Jul 2014.

The Brief has the following Enclosures.

  1. Govt of India, Ministry of Defence Letter No: 17(01)/2017/(02)ID(Pension/Policy) dated 05 Sep 2017 .
  2. Government of India, Ministry of Defence issued letter No: 12(i)/2014/D( Pen/Policy)-Part II dated 07 Nov 2015.
  3. Government of India, Ministry of Defence issued another letter No: 12( 1)/2014/ D(Pen/Policy) – Part II dated 03 Feb 2016
  4. Min of Def , Dept of Defence letter No: 1(6) /2016 / D(Pay /Services) dated 22 Jun 2017
  5. Circular 555 of PCDA (Pensions) Allahabad.
  6. Tables showing gain by Notional Pay Method for Pre – 2013 Defence Services Officers.

 

Warm Regards,

Brig CS Vidyasagar (Rtd)
9493191380 (Mobile connectivity is very poor in my residential complex)
040-48540895
Whatsapp: 9052345814

 

Legal Brief for AFT – 29: Incorrect Fixation of Pension by Notional Pay Method for Pre – 2013 De

AFT 29 / AFT CASES

Legal Brief for AFT – 29: Incorrect Fixation of Pension by Notional Pay Method for Pre – 2013 Defence Services Officers

Legal Brief for AFT – 29: Incorrect Fixation of Pension by Notional Pay Method for Pre – 2013 Defence Services Officers

Prayer.

  1. To quash Govt of India, Ministry of Defence letter No: 17(01)/2017/(02)ID(Pension/Policy) dated 05 Sep 2017 being unjust, discriminatory and illegal.
  2. To issue a revised letter on fixation of pension of Pre – 2013 Officers  of Armed Forces by working out notional pay by taking it w.e.f. Jul 2014 (and not from Jan 2006) to Jan 2016 irrespective date of retirement due to implementation of One Rank One Pension (OROP).
  3. To work out arrears of pension by taking pension in Circular 555 of PCDA (Pensions) Allahabad and arrive at notional pay from Jan 2016 and pay the arrears of pre – 2013 Armed Forces Officer Pensioners as it is higher than present 2.57 method

Background.

  1. The UPA Government announced sanction of One Rank One Pension (hereinafter called OROP) to all defence sevices pensioners during interim budget to the hon’ble Parliament in Feb 2014.
  2. It was followed by NDA – II Government by approving the grant of OROP in their budget in Jul 2014. Pursuant to the commitment made in passing finance bill 2014, the Government of India, Ministry of Defence sanctioned OROP and issued letter No: 12(i)/2014/D( Pen/Policy)-Part II dated 07 Nov 2015which specifically mention the following:-

“ Para 2.   OROP implies that uniform pension be paid to Defence Services personnel retiring in the same rank with same length of service regardless their date of retirement, which implies bridging the gap between the rates of pension of current pensioners and past pensioners at periodic intervals.

Para 3. Salient features of OROP are as follows:-

(i)   To begin with pension of past pensioners would be re-fixed on the basis of the pension of retirees of calendar year 2013 and the benefit will be effective from 1.7.2014.

(ii)    Pension will be refixed for all pensioners on the basis of average of minimum and maximum pension of personnel retired in 2013 in the same rank and in same length of service.

Para 6.   Detailed instructions relating to implementation of OROP along with tables indicating revised pension for each rank and each category shall be issued separately for updation and payment of arrears directly by pension disbursing agencies”

  1. Accordingly Government of India, Ministry of Defence issued another letter bearing No: 12( 1)/2014/ D(Pen/Policy) – Part II dated 03 Feb 2016containing 101 tables showing pension of all pre – 2013 Defence Services pensioners whose pension has been fixed on the Average of Maximum and Minimum of their counter parts of same rank and same length of service who actually retired in 2013.
  2. Therefore, by implementing OROP, the Govt of India, Ministry of Defence treated all pre – 2013 pensioners  of all ranks from Sepoy to Lt Gen HAG + as notionally retired in calendar year 2013. With this there are now only two category of pensioners i.e. 2013 pensioners and post – 2013 pensioners who drew more pension than what is given in OROP tables.
  3. Government of India, Ministry of Defence having accepted the recommendations of 7thCentral Pay Commission issued instructions on fixation of pensions for all pre – 2016 Defence Services Pensioners  vide their letter No:17(01)/2017/(02)ID(Pension/Policy) dated 05 Sep 2017. This letter gives the modality of fixation of pension by two methods viz Notional Pay Method of Pension Fixation and 2.57 Method.
  4. 2.57 Method of Pension Fixation.  It simply means the pension of all pre – 2016 pensioners is 2.57 x pension being drawn in the month of December 2015.
  5. Notional Pay Method.This method envisages the pay drawn at the time of retirement to be notionally worked out at each of the intervening Central Pay Commissions and finally come to 7th CPC period.
  6. Incorrect Implementation of Notional Pay Method.It is humbly submitted that all pre – 2013 pensioners having been treated as if they retired in calendar year 2013 by Government of India, Ministry of Defence vide their  12(i)/2014/D( Pen/Policy)-Part II dated 07 Nov 2015 has to fix pensions based on actual pension drawn in Jul 2014. The transiting to 7th CPC has to be carried out from Jul 2014 of all pre – 2013 pensioners irrespective of their date of retirement. But the Government of India, Ministry of Defence vide their 17(01)/2017/(02)ID(Pension/Policy) dated 05 Sep 2017 says

“ para 4. . The aforesaid Committee has submitted its report and the recommendations made by the Committee have been considered by the Government. Accordingly, it has been decided that revised pension/ family pension of all Armed Forces Personnel who retired/ died prior to 1.1.2016, shall be revised by notionally fixing their pay in the pay matrix recommended by the 7th CPC in the level corresponding to the pay in the pay scale/ pay band and grade pay at which they retired/ died. This will be done by notional pay fixation under each intervening Pay Commission based on the formula for revision of pay”.

In the illustrations given in the Annexure to above cited letter, the pay at the time of retirement of pensioners in 1976 have been taken into consideration, their notional pay in Jan 1986 has been worked out. This procedure was repeated till they arrived at Notional pay in Jan 2016.

When the same Govt of India, Ministry of Defence emphatically stated vide their letter implementing OROP in Nov 2015 that all pre – 2013 pensioners are deemed to have notionally retired in calendar year 2013 and their pensions have been enhanced to those of their counterparts of same rank and same length of service who actually retired in calendar year 2013, it is totally illogical, irrational and arbitrary to take the pay at the time of retirement and arrive at notional pay as has been done in the Ministry of Defence letter dated 05 Sep 2017.

  1. Notional Pay in Jul 2014.The pay of 2013 pensioner of Armed Forces personnel has been taken as sum of pay in pay band, grade pay and military service pay.

Notional Pay  = Pay in pay band + Grade pay + MSP
Pay in pay band + MSP = (Notional pay – MSP)
Pay in pay band + MSP has been considered for calculating Notional pay in Jan 2016.
Notional pay  = 2 x pension.
Pay in pay band + Grade pay = (2 x Pension) – MSP.

  1. Gain by Notional Pay Method.For any rank of officers of pre – 2013 vintage, notional pay method is better as shown in the table below:-

For Brig with 33 years of service, pension in OROP = Rs 37,570 (as per tables issued in Circular 555 of PCDA (Pensions) Allahabad

Notional pay in Jul 2014       = 2 x pension – MSP of Rs 6000
= (2 x 37570) – 6000 = Rs 69,140 pm

Notional pay in Jan 2016      = 2.57 x Notional pay in Jul 2014
=  2.57 x 69140 = Rs 1,77,690

Notional pay in Defence Pay Matrix given in Min of Def , Dept of Defence letter No: 1(6) /2016 / D(Pay /Services) dated 22 Jun 2017 is                             = Rs 1,82,200 pm + DR

Pension by Notional Pay Method = 0.50 x (Notional pay in Def pay matrix + MSP of Rs 15500)

Pension w.e.f. Jan 2016 = 0.50 x (1,82,200 + MSP of Rs 15500)
= Rs 98,850 + DR

Pension by 2.57 method               = Rs 37570 x 2.57 = Rs 96,555

Gain by Notional Pay Method        = Rs 98850 – Rs 96555

Rs 2,295 + DR per month

  1. Notional Pay Method Adopted by Govt of India is Faulty.The notional pay method deliberately adopted by Govt of India, Ministry of Defence is to take the pay at the time of retirement and then arrive at notional pay in subsequent Central pay commission periods of 4th CPC, 5th CPC , 6th CPC and finally arrive at 7th CPC. This method of working out is absolutely correct for civilians. But it has no relevance for Pre – 2013 defence Services pensioners as all of them have been brought to the level of 2013 by OROP. These Defence Services pensioners have got their revised and higher pension w.e.f. Jul 2014. Therefore the method of working out notional pay is not from date of retirement but from Jul 2014 when OROP was implemented and all pre – 2013 pensioners physically received higher pension.
  2. Deliberate Denial of Enhancement of Higher Pension.It is respectfully submitted that lower level Accountants in the rank of SAOs in Defence Accounts Department (DAD) who furnish such incorrect methods to Ministry of Defence having known fully that pension of Pre – 2013 pensioners of Defence Services have been enhanced by OROP w.e.f. Jul 2014 but  have adopted the method of civilians in Notional pay method. They fully well knew that the method adopted for civilians should not be adopted for Armed Forces who have been granted higher pension in July 2014 but have misled the Govt of India to adopt this faulty method just to deny higher pension howsoever small the higher pension may be.
  3. Notional Pay Method for Those Officers who Retired in Calendar Year 2013.The Govt of India, Ministry of Defence vide their letter dated 07 Nov 2015 mentioned that pension of all pre – 2013 pensioners is average of Maximum and Minimum of pension of officers of the same rank and same length of service who actually retired in calendar year 2013. The pension actually drawn by those officers who retired in calendar year 2013 will be seen and average of maximum and minimum pension shall be worked out and that pension known as OROP is given to all pre – 2013 retirees. In case the pension drawn by those officers who actually retired in calendar year 2013 is higher than OROP then that higher pension is protected. Their last pay drawn is multiplied by 2.57 and then see how it fits in Defence pay matrix given in Ministry of Defence letter dated 22 Jun 2017 and accordingly the pension w.ef. Jan 2016 is worked as explained in para 13 above.
  4. Violation of Article 14 of Constitution if  Method of Pension Fixation of Pre – 2013 Defence Services Pensioners and of those who actually Retied in Calendar year 2013 is Different. The pension of post – 2013 pensioners and those who actually retired in calendar year 2013 is more or less same. Therefore the method adopted for fixation of pension of those who actually retired in calendar year 2013 has to be adopted for the pre – 2013 pensioners as pension drawn w.e.f. Jul 2014 is same. Otherwise it is violation of Art 14 of Constitution.
  5. Gain in Pension of Pre – 2013 Defence Services Pensioners by Notional Pay Method.Govt of India, Ministry of Defence vide their letter dated 05 Sep 2017 in their illustrations taken wrongly show that for pre – 2013 pensioners the Notional pay method is not beneficial. This is because the notional pay method was adopted from year of retirement and taken through all intervening Central Pay Commissions. The Ministry of Defence conveniently forgets that all pre – 2013 Pensioners have been brought to the level of calendar year 2013 as date of retirement though it is notional but pensions were revised on the higher side compared to Jan 2006. For example the pension of Brigadier with 33 years of service in Jan 2006 is Rs 29,145 whereas with OROP his pension in calendar year 2013 has been fixed and paid w.e.f at Rs 37,570. Therefore in the Notional Pay Method of pension fixation, the transiting of pay for all pre – 2013 Defence Services Officers has to be from Jul 2014 and not from Jan 2006. The benefit financially all pre – 2013 Officers is given in annexure to this legal brief.

Final Prayer. It is humbly submitted that Notional Pay Method of pension fixation for pre – 2013 Defence Services Officers from ranks of Lt to Maj Gen be fixed by taking their notional pay as in Jul 2014 and work out the notional pay in Jan 2016. Accordingly their pensions be fixed as shown in Ministry of Defence letter dated 05 Sep 2017. Taking the pay at the time of retirement has been made irrelevant by OROP when pensions of pre – 2013 pensioners has been enhanced w.e.f Jul 2014.

The Brief has the following Enclosures.

  1. Govt of India, Ministry of Defence Letter No: 17(01)/2017/(02)ID(Pension/Policy) dated 05 Sep 2017 .
  2. Government of India, Ministry of Defence issued letter No: 12(i)/2014/D( Pen/Policy)-Part II dated 07 Nov 2015.
  3. Government of India, Ministry of Defence issued another letter No: 12( 1)/2014/ D(Pen/Policy) – Part II dated 03 Feb 2016
  4. Min of Def , Dept of Defence letter No: 1(6) /2016 / D(Pay /Services) dated 22 Jun 2017
  5. Circular 555 of PCDA (Pensions) Allahabad.
  6. Tables showing gain by Notional Pay Method for Pre – 2013 Defence Services Officers.

 

Warm Regards,

Brig CS Vidyasagar (Rtd)
9493191380 (Mobile connectivity is very poor in my residential complex)
040-48540895
Whatsapp: 9052345814

 

Report of ESM Meeting at Villupuram on 22 Oct 2017

AWARENESS TOURS & VISITS

Report of ESM Meeting at Villupuram on 22 Oct 2017

Report of ESM meeting by Hav Arulappan, Secretary, Villupuram District ESM Association
Dear All,

A Ex Servicemen Meeting was held at Ulagamani Marriage Hall at Villupuram from 10 AM on 22 Oct 2017 under the arrangements of Villupuram District Ex Servicemen Association. Dr S Saravanan, Managing Director, of newly empaneled ES Hospital in Villupuram, spoke about the procedures and facilities available at the Hospital. Dr R. Krishnamurthy, Medical Director of Dr. Aggarwal Eye Hospital, Villupuram, spoke about the facilities available in his hospital and steps taken to get it empaneled to ECHS.. Thereafter, Sub Jeyakumar (Retd), spoke on the needs of strengthening the Association at Villupuram.

Then Col B Jayaraj, OIC ECHS Polyclinic, Villupuram conducted a small presentation on ECHS awareness in local language and also explained the various problems faced by ECHS PC like Non Availability of medicines, limited Local Purchase Powers, etc.

Then members of TSEWA from Hyderabad including Brig Vidyasagar, Col Veeramani, Commodore Parakela and Col Krishnan conducted presentations on 7th pay commissions, pension issues and various welfare schemes of TSEWA.

A community lunch was served for all officers, JCOs , other ranks and ladies soon after.

After lunch, one to one meeting was held between aggrieved ESMs and TSEWA officials and also a free eye camp was also organised by Dr Aggarwal Hospital for all ESMs and their dependants.

A write up on the event was published in Dinamalar Newspaper on 23 Oct 2017.

Hav Arulappan
Secretary
Villupuram District ESM Association

DATE OF SENIORITY AND QUALIFYING SERVICE FOR RETIRED SOLDIERS

GENERAL / PENSION

Date of Seniority And Qualifying Service For Retired Soldiers

I had two hour long discussion with one retired Brigadier from Corps of Signals settled down in Chandigarh on my return from Villipuram, Tamilnadu where we had an Awareness meet with ESMs and Veernaris on 22 Oct 2017. The conversation revealed to me many issues which our officer cadre are not aware of. I am giving gist of our discussion in question and answer form.

Q1.   I am technical graduate passed out from IMA Dehradun in July 1978 and retired in Jan 2010 in the rank of Brigadier. I get two years ante dated seniority for all purposes. I am supposed to have passed out in Jun 1976 due to my antedated seniority.  The Ex-NDAs and Direct Entries who passed out along with me in Jun 1978 are two years junior to me. Can pension of mine and those who passed out in Jun 1976 can be same?

A1. You are mixing up two issues. One is date of seniority for purpose of pay and promotion. In your case due to your ante dated seniority of two years, your date of seniority for purpose of pay and promotion is Jun 1976. But your pensionable service or qualifying service (QS) is from first date of commencement of training in IMA, Dehradun i.e. Jul 1977. You have therefore two dates i.e. date of seniority which is Jun 1976 and QS which is from Jul 1977. You were given short service commission of rank of 2Lt the day your training commenced in IMA Dehradun. Therefore your QS is from Jun 1977 to your date of retirement i.e. Jan 2010. Therefore your batch mates of 1976 batch and you would draw same pay while in service and your last drawn emoluments if are same, then you would draw same pension.

Q2.  But those Ex-NDAs and Ex-DEs of 1976 batch also got same pay while I was in service. How is that?

A2.  The pay is dependent upon the length of service or seniority. You and Ex-NDAs and Ex-DEs of 1976 batch must have become Capts in Corps of Signals more or less at the same time, might have got promotions to ranks of Major, Lt Col, Col and Brig  at the same time till both of you retired. Your pay at the time retirement while in service could be same as your date of seniority is same i.e. Jun 1976. Pension of Ex-NDAs and Ex-DEs will be also same as it is 50% of last pay drawn. For example let us say Pay In Pay Band (PIPB) at the time of your retirement in Jan 2010 is Rs 56,000, Grade pay is Rs 8,900 and MSP is Rs 6,000 in Jan 2010 when you retired. The last pay drawn or reckonable emoluments are Rs 70,900 (Rs 56000+8900+6000). Your pension at the time of retirement is Rs 0.50 x 70900 = Rs 35,450 pm  + DR. All Brigs of Corps of Signals whose last drawn emoluments are Rs 70,900 irrespective of date of commission will draw the same pension.

Let me complicate the issue a bit. You have to understand Ex-ACC officers who passed out with you from IMA, Dehradun in Jun 1978 will not get same last pay drawn. Though date of commission is same their pay and allowances are different as they are two years junior to you. If they were lucky enough to become Lt Cols or Cols and retired 10 years earlier than you (much before you as they are older than you at the time of commission and date of retirement is dependent on age) their last drawn pay is less hence pension is less. Though they may be commissioned with you in Jun 1978, because of their higher age at the time of commission they get lesser number of years to reach higher ranks and will retire at much earlier time frame. The date of retirement is dependent upon the age at the time of commission. Since they were older than you at the time of commission they will retire also at much earlier and hence might not become Brigs. Therefore their pension at the of their retirement (10 years earlier than you) is that of lower rank though they may with their OR service have 32.5 years of qualifying service.

Let me illustrate with an example so that you understand. An ACC Officer is commissioned at the age of 30 years with say 11 years of OR service whereas you with your ante dated seniority is deemed to have been commissioned at the age of 20 years from IMA Dehradun. The Ex-ACC Officer who passed out with you is 10 years older to you. He will at the maximum has only 24 years of service to serve and then at the age of 54 he will retire either in the rank of Lt Col or Col or even Major if he was not lucky enough to get promotions.

Now you see the state of Ex-NDAs, Ex-DEs and Ex – ACC Officers.

(a)  Ex-NDAs and Ex-DEs of 1976 batch who are commissioned in Jun 1976 and you commissioned in Jun 1978 with two years ante dated seniority will have same pay in every rank and if they are also promoted like you to the rank of Capt, Major, Lt Col, Col and Brig and retired in Jan 2010 would draw the same last drawn pay at the time of retirement. Hence pension is also same.

(b)    Your coursemate in IMA, Dehradun, an Ex-ACC Officer being of higher age groups howsoever brilliant he could be, would retire in lower rank of Major or Lt Col or Col and retire with lesser last pay drawn. But his OR service is counted towards higher pension in his last rank.

(c)  Therefore last pay drawn is dependent upon many factors. One is age, another is rank in which one retired and third is type of commission and finally the number of years of service one has put in at the time of retirement. Even Ex-NDAs could be 22 years old at the time of commission. So you gain somewhere and lose somewhere.

Q3. When we drew the same pension at the time of retirement in Jan 2010 with same last pay drawn how is Ex-NDAs and Ex-DEs get more pension in OROP?

A3.   Ex-NDAs and Ex-DEs will get more pension in OROP as their qualifying service is from Jun 1976 to Jan 2010 i.e. 33 years and 6 months. Your qualifying service is from Jul 1977 (first day of training in IMA, Dehradun) to Jan 2010 i.e. 32.5 years. Do not forget the Ex-NDAs and Ex-DEs of 1976 batch have more qualifying service than you though both might have same date of seniority. As Brig with 32.5 years of QS gets pension in OROP of Rs 37,280 whereas pension of Brigs who are Ex-NDAs and Ex-DEs  with QS of 33.5 years is Rs 37,570.

Q4.  If pay is same at the time of retirement, then how is that pension in OROP is different?

A4.  Pay is dependent upon date of seniority. But pension is dependent on Qualifying Service. Your QS is less than your batchmates Ex-NDA and Ex-DEs of 1976 batch. You have to understand one more thing. All those Ex-ACC Officers who passed out with you in Jun 1978 get their OR service counted and their QS is more than you though both of you passed out at the same time but their pay is less as their date of seniority is only Jun 1978 but yours is Jun 1976. You are two years senior to Ex-ACC officer course mates.

Q5.  But I saw in one AO which says tech graduates get two years ante dated seniority for purpose of pay, promotion and pension.

A5.   AOs are applicable only to serving soldiers and not for pensioners. Tech Graduates do not get benefit of two years antedated seniority for purpose of pension as your qualifying service is from first day of commencement of training in IMA, Dehradun which is Jul 1977. This is given in Def Pay Regs 1961.

Q6.  Does it mean the Ex-NDAs and Ex-DEs whose date of seniority is same as mine and who drew same pension at the time of retirement in Jun 2010 is same will draw higher pension in OROP?

A6.  Yes. Pay is same as long both of you are in the service. But when you retire, the pension is dependent upon qualifying service in OROP. As mentioned Ex-NDAs and Ex-DEs of 1976 batch have one year of higher qualifying service as they passed out two years earlier than you as explained earlier. Your QS is from first day of training in IMA, Dehradun and date of superannuation which comes to 32.5 years. Ex-NDAs and Ex-DEs of 1976 batch will draw higher pension in OROP i.e. w.ef. Jul 2014 and Jul 2019.

Unless you understand the meaning of date of seniority, qualifying service and ages of retirement for various ranks, you will not be clear and will have doubts like this.

With warm regards,

Brig CS Vidyasagar (Rtd)
040-48540895
9493191380

PRESENTATION BY BRIG C S VIDYASAGAR AT VILLUPURAM & CHENNAI IN OCT 2017

AWARENESS TOURS & VISITS / PENSION

Presentation on Pension and Allowances by Brig CS Vidyasagar at Villipuram and Chennai in Oct 2017

Brig CS Vidyasagar made a Presentation on Effects of Govt of India, Min of Def letter dated 05 Sep 2017 on Pensions by Notional Pay Method at Villipuram on 22 Oct 2017 and Chennai on 23 Oct 2017.

The following are the slides from that presentation. Click on the down arrow to go to the next slide. You can also increase or decrease the size:

If you would like to download the Power Point presentation, please click on the link below:

2017 OCT 22 Villipuram

 

AFT - 30 : INCORRECT METHOD OF PENSION FIXATION BY NOTIONAL PAY METHOD FOR PRE - 2016 ARMED FORCES J

AFT 30 / AFT CASES / PENSION

AFT – 30: Incorrect method of pension fixation by Notional Pay Method for Pre – 2016 Armed Forces JCOs /ORs and Family pensioners

Dear JCO and OR veterans

Sir,

1. As promised I am sending this mail to sensitize you how you have been cheated of your legitimate pension by the incorrect method of Notional Pay Fixation of Pension of Pre – 2016 Pensioners. Once you go through this long mail and see the calculations you will realize how much pension you will lose. You have to fight to get your correct pension. If you cannot understand this mail then do not hesitate to speak to me.

2. The Govt of India approved pension to all pre – 2016 Armed Forces Pensioners w.e.f Jan 2016 in 7thCPC by two methods as under;-

(a)   Method 1.   Notional Pay Method.
(b)   Method 2.  2.57 Method

3. 2.57 Method All pre – 2016 pensioners have been revised pension of  Dec 2015 and multiplying it with 2.57. Suppose you are a Havildar, Group Y with 24 years of service and retired in 2005, your OROP pension as on Jul 2014 is Rs 7808 pm + DR at that time. Your pension in Jan 2016 is Rs 7808 x 2.57 = Rs 20,067 pm + DR @ 5% as on today. You are drawing this pension minus commutation if you have not yet completed 15 years of repayment.

4. Notional Pay Method.Whenever a pensioner retired, the basic pay with stagnation increments if any is to be brought to the minimum of pay in the next CPC and finally arrive at notional pay as on Jan 2006. Multiply it by 2.57 and see the figure closest to it in Defence Pay Matrix for the rank. That is the  Notional pay and add MSP of Rs 5200 for JCOs /OR + X group pay of Rs 6,200 if diploma is recognized by AICTE ( All India Council of Technical Education) or Rs 3600 if diploma is not recognized by AICTE. 50% of (Notional pay + MSP of Rs 5200 + Tech pay of Rs 6200 or 3600) is the pension as on Jan 2016 by this Notional Pay Method.

5. Pension Fixation as on Jan 2016. Govt of India approved fixation of pension as on Jan 2016 by the method which gives higher pension out of 2.57 method or Notional Pay Method. Govt of India, Min of Def gave a policy letter on this method vide their letter No:  17(01)/2017/(02)ID(Pension/Policy) dated 05 Sep 2017. You can see four illustrations how pension of pre – 2016 JCOs and OR (Naik of 3rd CPC, Hav of 4thCPC, Nb Sub of 5th CPC and Sub of 6th CPC) have been arrived at by Notional pay method. The letter says this method is not beneficial for pre – 2013 pensioners. Only Subedar Sahib who retired in 30 Sep 2013 is benefitted by Notional pay method.

Disagreement of Stand of Govt of India on Notional Pay Method for Pre – 2016 Armed Forces Pensioners.
6. 
All Armed Forces pensioners are sanctioned OROP as in Calendar year 2013. It simply means whenever you retired (1976 or 1986 or 1996 or pre – 2013) you are deemed to have retired in calendar year 2013 and your pension is same as average of Maximum and Minimum of JCOs / OR of your rank, your length of service and your group X or Y and your classification allowance. The tables of pension in OROP have been given in Circular 555 of PCDA (Pensions) Allahabad.

7. Therefore your pension by notional pay method is to be worked out not from Jan 2006 as was done by Min of Def but from Jul 2014 in OROP. For example the pension of Havildar with 24 years of service of Y Group has pension in  OROP of Rs 7808 pm (Circular 555 of PCDA (Pensions) Allahabad where as it is only Rs 4,684 as on Jan 2006 (vide Govt of India, Ministry of Defence letter No: 1(04)/2015(II) – D(pen/policy) dated 03 Sep 2015.

Notional pay as on Jul 2014 = Pay in Pay Band + Grade Pay + MSP
Pension = 0.50 x (Pay in Pay Band + Grade Pay + MSP)
Pay in pay band + Grade pay = (2 x pension) – MSP of Rs 2000
For Havildar, Y Group with 24 years of service
= Rs 2 x 7808  – 2000
= Rs 13,616
Notional Pay in Jan 2016 = Rs 13616 x 2.57 = Rs 34,993
Notional pay in Def Pay Matrix = Rs 35,900
Total Notional pay with MSP of Rs 5200 = Rs 35900 + 5200 = Rs 41,100
Pension by Notional Pay Method = 0.50 x (41100) = Rs 20,550
Pension by 2.57 Method = Rs 7808 x 2.57 = Rs 20,067
Gain by Notional Pay Method = Rs 20550 – 20067 = Rs 508 + DR @ 5%

8. I projected this case to Brig SKS Rana, VSM, President, Legal Division of TSEWA. He consulted two advocates of TSEWA and today he informed me that both the advocates of TSEWA have confirmed that the case is fit for filing in AFT Delhi.

9. Detailed Calculations.I have worked out the pension by Notional pay method for all JCOs /OR and found that this method gives higher pension than 2.57 method. The calculations are  given in the attachment. I as Brig with 32 years’ service gains only by Rs 390 In Jan 2016. Yet, I am joining the legal case to be filed in AFT Delhi as a matter of principle and to tell the Government of India dominated by babus of IDAS and IAS that even if get Re 1 less, I will drag them to the court of law. So do not just worry about the small amount of increase in your pension when we win the case in AFT Delhi. You do not know how it will affect your pension in Jul 2019 in next OROP.

10. Disclaimer.The details of gain in pension if we win the case in AFT Delhi is a one man job. Needless to say it is a very tedious job. I have done checking and rechecking. I am likely to have made some mistakes in my calculations. You are to check my calculations in the attachment. If you find any mistake in my calculations, do point them out. It is your responsibility to see what I have done is correct. Don’t blame me later.

11. The Notional Pay method is correct for Civilians as their pensions were not enhanced after Jan 2006. On the other hand the pension of faujis has been enhanced w.e.f. Jul 2014 by OROP. Therefore the method adopted for civilians cannot be applied to faujis.

12. Eligiblity

(a) All pre – 2016 retired JCOs and OR (Sepoy to Sub Maj) irrespective date of retirement.
(b) Wives of deceased Officers of the ranks of Sepoy to Sub Maj  irrespective date of retirement.

13. Legal Fees.

(a)  Sepoy – Rs 2,000
(b)  Naik & Hav  – Rs 2,500
(c)  JCOs (Nb Sub to Sub Maj)  – Rs 3,000
(d)  Wives of Deceased JCOs –      Rs 1,000
(e)  Wives of deceased Sepoys to Havildars  – Nil (No legal fees. It will be paid by TSEWA from donations received as a welfare measure to these ladies who get very less pension)

14. Mode of Remittance of Legal Fees.  Cheque or by NEFT or Internet Banking facility.

15.  Details of our Account for Remittance of Legal Fees by Internet Banking / NEFT.

(a)   Account No:   35238730663
(b)  Name of Account : TSEWA –AFT
(c)  Name of Bank : SBI, Bhaskar Rao Nagar, Sainikpuri (PO), Secunderabad
(d)  IFSC             :  SBIN 00015568

Note: All those interested to remit money through internet banking and NEFT are requested to intimate to Col Dr GB Sethi, General Secretary and Lt Col G Parvathesam, Treasurer your transaction details including bank from  where you did NEFT, your account no, your rank & name.

16. Nomenclature.This case is given No : AFT – 30: Incorrect method of pension fixation by Notional Pay Method for Pre – 2016 Armed Forces JCOs /OR and Family pensioners. All those who are likely to gain pension as on Jan 2016 by the Notional pay method are welcome to join the case soon to be filed in AFT Delhi. You are requested to contact Col Dr GB Sethi, General Secretary, TSEWA at gb_sethi@yahoo.co.in and mobile no : 9440859877 to join the legal case. He will send you legal documents like vakalatnamas and two undertakings by e-mail. You are requested to sign them and send them by post with a cheque for various amounts of legal fees mentioned in para 12 above in favour of TSEWA –AFT and dispatch your documents (hard copy) to the following address till we are able to find an All India Coordinator :-

Col Dr GB Sethi (Rtd)
General Secretary, TSEWA
143, Vayupuri
Park Link Road, Near 2nd Cross Road
Sainikpuri (PO)
Secunderabad – 500094

17.  All India Coordinator.  Lt Col KP Radhakrishnan form Bengaluru volunteerd on my request to be All India Coordiantor. His e-mail  id is : radhakrishnan_kp@yahoo.com  and his mobile no is : 94483 50925and land line no is 080-25830710

18. Lead Petitioner.As per the requirement of AFT Delhi, one of the petitioners has to be a lead litigant in whose name the case is to be filed. For example Hvl AB Singh and 102 others Vs Union of India. He is to have a Delhi NCR address.

19. Humble Request.I humbly request petitioners to kindly take up the job of Lead petitioner. You have to attend AFT Delhi along with our advocate when the case comes up for hearing  All expenditure you incur for postage or travel or telephone charges etc will be fully reimbursed. Unless we get a Lead petitioner,  TSEWA may not be able to file the case. All of us will continue to suffer till eternity. I can assure the amount of goodwill you will get after the case is filed and when we win the case cannot measured by any amount of money.

20. Govt of India letter dated 05 Sep 2017 shows how you have been taken for right royal ride. Unless you wake up from deep slumber and fight for your right, you will continue to suffer financially.

21. Filing of Case in AFT Delhi. It may please be understood the legal fees is deliberately kept so low to make it affordable. We need to get 100 petitioners for this case to be economically viable. Do not therefore keep pestering us asking us to when we will file the case. It may take three months as lot of hard work goes in collecting legal documents, preparing legal brief and memo of parties, checking documents at five stages right from the time we receive the documents to filing them in AFT, Delhi.

22. Responsibilty of TSEWA. Our responsibility is limited to get you the judgment. Thereafter petitioners have to take up a case individually with their service HQ through Record Offices to get their dues. However TSEWA will render all possible help to get Corr PP enhancing your pension as on Jan 2016 but that be treated as bonus.

23. Instant Result. Some JCOs and ORs want the case to be filed tomorrow and get the judgment day after tomorrow. The advocates do not argue our case free. Unless we pay them decent sum, they will not take up our case. You cannot get judgment at Rs 1,000 to Rs 3000 and in a jiffy. So do not join our case if you want judgment on your lap like Maggie noodles in 2 mins.

 

Warm regards,

Brig CS Vidyasagar (Rtd)
President, TSEWA
11 Oct 2017

To see attachment, please click on the link below. It will open in a new tab in your browser.

JUL 14, 20107 JCOs AND OR WHICH METHOD BETTER


AFT - 29 : NOTIONAL PAY METHOD GETS HIGHER PENSION

AFT 29 / AFT CASES / PENSION

AFT – 29 : Notional Pay Method Gets Higher Pension as on Jan 2016 For Pre – 2013 Retired Officers

Dear Sir,

  1. The Govt of India approved pension to all pre – 2016 Armed Forces Pensioners w.e.f Jan 2016 in 7th CPC by two methods as under;-

(a)   Method 1.   Notional Pay Method.
(b)   Method 2.  2.57 Method

  1. 2.57 Method All pre – 2016 pensioners have been revised pension of Dec 2015 and multiplying it with 2.57. Since all of you very familiar with this method, there is no need for me to elaborate on it. All pre – 2016 pensioners are drawing pension as on today by this method.
  2. Notional Pay Method. Whenever a pensioner retired, the basic pay with stagnation increments if any is to be brought to the minimum of pay in the next CPC and finally arrive at notional pay as on Jan 2006. Multiply it by 2.57 and see the figure closest to it in Defence Pay Matrix for the rank. That is the Notional pay and add MSP of Rs 15,500 for officers. 50% of it is the pension as on Jan 2016.
  3. Pension Fixation as on Jan 2016. Govt of India approved fixation of pension as on Jan 2016 by the method which gives higher pension out of 2.57 method or Notional Pay Method. Govt of India, Min of Def gave a policy letter on this method vide their letter No:  17(01)/2017/(02)ID(Pension/Policy) dated 05 Sep 2017. You can see four illustrations how pension of pre – 2016 officers have been arrived at by Notional pay method. The letter says this method is not beneficial for pre – 2013 pensioners.

Disagreement of Stand of Govt of India on Notional Pay Method for Pre – 2016 Armed Forces Pensioners.

  1. All Armed Forces pensioners are sanctioned OROP as in Calendar year 2013. It simply means whenever you retired (1976 or 1986 or 1996 or pre – 2013) you are deemed to have retired in calendar year 2013 and your pension is same as average of Maximum and Minimum of officers of your rank and your length of service. The tables of pension have been given in Circular 555 of PCDA (Pensions) Allahabad.
  2. Therefore your pension by notional pay method is to be worked out not from Jan 2006 as was done by Min of Def but from Jul 2014. For example the pension of Lt Col with 32 and above years of service in OROP is Rs 34,765 where as it is only Rs 26,265 as on Jan 2006.

Notional pay as on Jul 2014 = Pay in Pay Band + Grade Pay + MSP
Pension = 0.50 x (Pay in Pay Band + Grade Pay + MSP)
Pay in pay band + Grade pay = (2 x pension) – MSP of Rs 6000
For Lt Col of 32 and above years of service = Rs 2 x 34765 – 6000
= Rs 63,530
Notional Pay in Jan 2016  = Rs 63530 x 2.57 = Rs 1,63,272
Notional pay in Def Pay Matrix for Lt Col = Rs 1,67,700
Total Notional pay with MSP of Rs 15500 = Rs 167700 + 15500
Pension by Notional Pay Method = 0.50 x (167700 +15500) = Rs 91,600
Pension by 2.57 Method = Rs 34765 x 2.57 = Rs 89,346
Gain by Notional Pay Method = Rs 91900 – 89346 = Rs 2,254 + DR @ 5%

  1. I projected this case to Brig SKS Rana, VSM, President, Legal Division of TSEWA. He consulted two advocates of TSEWA and today he informed me that both the advocates of TSEWA have confirmed that the case is fit for filing in AFT Delhi.
  2. Detailed Calculations. I have worked out the pension by Notional pay method for all Officers from the ranks of Hony Lt to Maj Gen and found that this method gives higher pension than 2.57 method. The calculations are given in the attachment. I as Brig with 32 years’ service gains only by Rs 390 In Jan 2016. Yet, I am joining the legal case to be filed in AFT Delhi as a matter of principle and to tell the Government of India dominated by babus of IDAS and IAS that even if get Re 1 less, I will drag them to the court of law.
  3. Disclaimer. The details of gain in pension if we win the case in AFT Delhi is a one man job. Needless to say it is a very tedious job. I have done checking and rechecking. I am likely to have made some mistakes in my calculations. You are to check my calculations in the attachment. If you find any mistake in my calculations, do point them out. It is your responsibility to see what I have done is correct. Don’t blame me later.
  4. The Notional Pay method is correct for Civilians as their pensions were not enhanced after Jan 2006. On the other hand the pension of faujis has been enhanced w.e.f. Jul 2014 by OROP. Therefore the method adopted for civilians cannot be applied to faujis.
  5. Eligiblity.

(a) All pre – 2016 retired officers of the ranks of Hony Lt to Maj Gen irrespective date of retirement.
(b) Wives of deceased Officers of the ranks of Hony Lt to Maj Gen irrespective date of retirement.

  1. Legal Fees.

(a)  Hony Lt to Maj Gen         –        Rs 5,000 to be remitted by NEFT or Cheque
(b)  Wives of Deceased Officers –  Rs 3,000 to be remitted by NEFT or cheque or internet banking transfer

  1. Details of our Account for Remittance of Legal Fees by Internet Banking / NEFT.

(a)   Account No:   35238730663
(b)  Name of Account: TSEWA –AFT
(c)  Name of Bank: SBI, Bhaskar Rao Nagar, Sainikpuri (PO), Secunderabad
(d)  IFSC :  SBIN 00015568

Note: All those interested to remit money through internet banking and NEFT are requested to intimate to Col Dr GB Sethi, General Secretary and Lt Col G Parvathesam, Treasurer your transaction details including bank from where you did NEFT, your account no, your rank & name.

  1. Nomenclature. This case is given No: AFT – 29: Incorrect method of pension fixation by Notional Pay Method for Pre – 2016 pensioners. All those who are likely to gain pension as on Jan 2016 by the Notional pay method are welcome to join the case soon to be filed in AFT Delhi. You are requested to contact Col Dr GB Sethi, General Secretary, TSEWA at gb_sethi@yahoo.co.in and mobile no: 9440859877 to join the legal case. He will send you legal documents like vakalatnamas and two undertakings by e-mail. You are requested to sign them and send them by post with a cheque for Rs 5,000/Rs 3,000 in favour of TSEWA –AFT and dispatch your documents (hard copy) to the following address till we are able to find an All India Coordinator :-

Col Dr GB Sethi (Rtd)
General Secretary, TSEWA
143, Vayupuri
Park Link Road, Near 2nd Cross Road
Sainikpuri (PO)
Secunderabad – 500094.

  1. All India Coordinator.  We need a volunteer to be our All India Coordinator to collect all documents from petitioners for this case and send them weekly or fortnightly intervals to Col Dr GB Sethi, General Secretary, TSEWA. Once, he is selected then all petitioners are to deal with him for this legal case AFT – 29 till the case is finalised. All India Coordinator can be from any place in India. He needs to have desk top computer or laptop and postal address to correspond with petitioners. I request one of the former All India Coordinators to volunteer again as you are very familiar with the procedure.
  2. Lead Petitioner. As per the requirement of AFT Delhi, one of the petitioners has to be a lead litigant in whose name the case is to be filed. For example Lt Col AB Singh and 102 others Vs Union of India. He is to have a Delhi NCR address.
  3. Humble Request. I humbly request petitioners to kindly take up the job of All India Coordinator and Lead petitioner. All expenditure you incur for postage or travel or telephone charges etc will be fully reimbursed. Unless we get an All India Coordinator and Lead petitioner, TSEWA may not be able to file the case. All of us will continue to suffer till eternity. I can assure the amount of goodwill you will get after the case is filed and when we win the case cannot measured by any amount of money.
  4. Govt of India letter dated 05 Sep 2016 shows how you have been taken for right royal ride. Unless you wake up from deep slumber and fight for your right, you will continue to suffer financially.
  5. Filing of Case in AFT Delhi. It may please be understood the legal fees is deliberately kept so low to make it affordable. We need to get 100 petitioners for this case to be economically viable. Do not therefore keep pestering us as to when we will file the case. It may take three months as lot of hard work goes in collecting legal documents, preparing legal brief and memo of parties, checking documents at five stages right from the time we receive the documents to filing them in AFT, Delhi.
  6. Responsibilty of TSEWA. Our responsibility is limited to get you the judgment. Thereafter petitioners have to take up a case individually with their service HQ to get their dues. However TSEWA will render all possible help to get Corr PP enhancing your pension as on Jan 2016 but that be treated as bonus.
  7. Instant Result.Some officers want the case to be filed tomorrow and get the judgment day after tomorrow. The advocates do not argue our case free. Unless we pay them decent sum, they will not take up our case. You cannot get judgment at Rs 5,000 and in a jiffy. So do not join our case if you want judgment on your lap like Maggie noodles in 2 mins.

Warm regards,

Brig CS Vidyasagar (Rtd)
President, TSEWA
10 Oct 2017

To see attachment, please click on the link below. It will open in a new tab in your browser.

JUL 14, 2017 OFFRS WHICH METHOD BETTER

Instructions for Joining AFT-29 (Incorrect Pay Fixation By Notional Pay Method For Pre- 2016 Armed F

Instructions for Joining AFT-29  (Incorrect Pay Fixation By Notional Pay Method For Pre- 2016 Armed Forces Pensioners).

TSEWA has decided to take-up the subject case with AFT Delhi. All members desirous of joining the case are requested to follow under mentioned actions.

1.  Action to be taken by the members of TSEWA as under:

a.  Vakalatnama for AFT
b.  Vakalatnama for Supreme Court
c.  Authority letter
d.  Certificate of Undertaking
e.  Photo copy of PPO
f.  Cheque for Legal Fees of RS. 5000/- for Officers and Rs.3000/- for Single ladies to be drawn in favour of TSEWA-AFT.

2.  Action to be taken by Non- Members:-

a.  Membership form to be filled and affix a joint photo with spouse.
b. Vakalatnama for AFT,
c.  Vakalatnama for Supreme Court
d.  Authority letter
e.  Certificate of Undertaking
f.  Photo copy of PPO
g.  Membership fees of Rs.100/- to be drawn in favour of TSEWA.
h.  Cheque for Legal Fees of RS. 5000/- to be drawn in favour of TSEWA-AFT.

3.  If transferring the amount by NEFT, details of bank accounts are as under: –

a.  TSEWA A/c No. 35088276014 – for membership fee only
b.  TSEWA-AFT A/c No. 35238730663 for all legal cases
c.  TSEWA- CORPUS A/c No.37123663228 – for building up of TSEWA Corpus
d.  If transferring by NEFT, Bank details as under: –
IFSC- SBIN0015568
State Bank of India,
Branch- Bhaskar Rao Nagar,
Secunderabad 500094

4.  The all India Coordinator for AFT-29 is Cdr Sudhir Dua, you may contact him by tele/mail as under:

Tele no. 8828111408
E-Mail Id-  tsewa.aft29@gmail.com

5.  The membership forms required for the legal case along with the SAMPLES for legal case are attached here with.

6.  Address for sending the applications is as under:

TSEWA
143, Vayupuri
Sainikpuri Post- 500094
Secunderabad
Tele No: 09494037781
Land Line No. 040-27118390

Regards

Col Dr G B Sethi
General Secretary
TSEWA No.58
9440859877
143, Vayupuri
Park Link Road, Near 2nd Cross Road
Sainikpuri (PO)
Secunderabad – 500094.

Click on the links below, which will open in a new tab. The forms can be downloaded from there.

AFT -29 Legal Forms

AFT – 29 Sample Forms

Membership Form (for non-members)

 

Instructions for Joining AFT-30 (Incorrect Fixation Of Pension By Notional Pay Method As On Jan 2016

Instructions for Joining AFT-30 (Incorrect Fixation Of Pension By Notional Pay Method As On Jan 2016 For Pre- 2016 JCOs And ORs And Family Pensioners)

TSEWA has decided to take-up the subject case with AFT Delhi. All members desirous of joining the case are requested to follow under mentioned actions.

1.  Action to be taken by the members of TSEWA as under:

a.  Vakalatnama for AFT
b.  Vakalatnama for Supreme Court
c.  Authority letter
d.  Certificate of Undertaking
e.  Photo copy of PPO

Eligiblity:
(a) All pre – 2016 retired JCOs and OR (Sepoy to Sub Maj) irrespective date of retirement.
(b) Wives of deceased Officers of the ranks of Sepoy to Sub Maj  irrespective date of retirement.

1.1       Legal Fees. Cheque/DD be drawn in favour of TSEWA-AFT.

(a)  Sepoy – Rs 2,000
(b)  Naik & Hav  – Rs 2,500
(c)  JCOs (Nb Sub to Sub Maj)  – Rs 3,000
(d)  Wives of Deceased JCOs –      Rs 1,000
(e)  Wives of deceased Sepoys to Havildars  – Nil – (No legal fees. It will be paid by T SEWA from donations received as a welfare measure to these ladies who get very less pension)

2.  Action to be taken by Non- Members:-

a.  Membership form to be filled and affix a joint photo with spouse.
b. Vakalatnama for AFT
c.  Vakalatnama for Supreme Court
d.  Authority letter
e.  Certificate of Undertaking
f.  Photo copy of PPO
g.  Membership fees as mentioned in the form as per rank.
h.  Cheque for Legal Fees Refer para 1.1 above.

3.  If transferring the amount by NEFT, details of bank accounts are as under: –

a.  TSEWA A/c No. 35088276014 – for membership fee only
b.  TSEWA-AFT A/c No. 35238730663 for all legal cases
c.  TSEWA- CORPUS A/c No.37123663228 – for building up of TSEWA Corpus
d.  If transferring by NEFT, Bank details as under: –

IFSC- SBIN0015568
State Bank of India,
Branch- Bhaskar Rao Nagar,
Secunderabad 500094

4.  Lt Col KP Radhakrishnan form Bengaluru is the all India coordinator for AFT-30.
His e-mail  id is : radhakrishnan_kp@yahoo.com  and his mobile no is : 94483 50925 and land line no is 080-25830710

5.  The membership forms required for the legal case along with the SAMPLES for legal case are attached here with.

6.  Address for sending the applications is as under:

TSEWA
143, Vayupuri
Sainikpuri Post- 500094
Secunderabad
Tele No: 09494037781
Land Line No. 040-27118390

Regards

Col Dr G B Sethi
General Secretary
TSEWA No.58
9440859877

Click on the links below, which will open in a new tab. The forms can be downloaded from there.

AFT -30 Legal Forms – Veterans

AFT – 30  Legal documents – Family Pensioners

AFT – 30 Sample Forms

Membership Form Veterans (for non-members)

Membership Form – Family Pensioners (for non-members)

 

AFT 30: Detailed Instructions from Case Coordinator Lt Col K P Radhakrishnan on 13 oct 17

Dear JCOs/OR Veterans & Family Pensioners of JCOs/OR who are interested in joining the TSEWA proposed Case AFT-30 pertaining to incorrect fixation of pension for pre-2016 pensioners & family pensioners,

1. Further to the trailing mails.

2. I have been nominated as Coordinator for case No: AFT-30. For the prospective litigants of the above categories, I will remain as the single point contact, till the list of litigants is compiled and sent to TSEWA for filing the case , along with the legal documents & payment cheques. Hence I request all prospective JCOs/OR veterans and family pensioners of JCOs/OR who want to join the above case NOT to send mails / post documents/ cheques etc. to TSEWA directly, henceforth.

3. Following information/ documents/ payment cheques are required to be sent to me by the interested litigants:-

a) Legal Documents  applicable to Veteran litigants:-   There is a set of four legal documents applicable to  Veteran litigants, as attached. Veteran litigants have to down load the set of legal documents pertaining to them and get the same printed on A-4 size white sheet. Each of the four legal documents has to be on separate A-4 size white sheet and hence there will be 4 legal documents. Veterans pensioners have to put their signature at the appropriate place on each of the four documents pertaining to them. Prospective litigant NEED NOT fill up any other details in the legal documents , except putting his signature at the appropriate place . No need to put even the place & date. The details, place & date will be filled up by me, on receipt of the documents at my end.

b) Legal  Documents applicable to Family Pensioner litigants:- There is a set of four legal documents applicable to Family Pensioner litigants , as attached. Family Pensioner Litigants have to down load the set of legal documents pertaining to them and get the same printed on A-4 size white sheet. Each of the four legal documents has to be on separate A-4 size white sheet and hence there will be 4 legal documents . Family Pensioner Litigants have to put their signature at the appropriate place on each of the four documents pertaining to them. Prospective litigant NEED NOT fill up any other details in the legal documents except putting her signature at the appropriate place. No need to put even the place & date. The details, place & date will be filled up by me, on receipt of the documents at my end.

c) Service & Personal Details –  These details, as per the attachment are to be sent to me , duly signed at the bottom, by both the Veteran litigants & Family Pensioner litigants.

d) Self attested legible photostat copies of original PPO & the latest Corrigendum PPO. These have to be sent by both veteran litigants & family pensioner litigants.

e) Legal fee – Legal fees payable are given below:-

i) Sepoy – Rs 2,000
ii) Naik & Hav  – Rs 2,500
iii) JCOs (Nb Sub to Sub Maj)  – Rs 3,000
iv) Family Pensioner of JCOs (Wives of Deceased JCOs) –      Rs 1,000
v) Family Pensioner of OR (Wives of deceased Sepoys to Havildars)  – No legal – It will be paid by T SEWA .

f) How to pay legal fee – It can be paid by Cheque or by NEFT or Internet Banking facility.

g) Details of our Account for Remittance of Legal Fees by Internet Banking / NEFT.

i) Account No:   35238730663
ii) Name of Account : TSEWA –AFT
iii)  Name of Bank : SBI, Bhaskar Rao Nagar, Sainikpuri (PO), Secunderabad
iv) IFSC             :  SBIN 0015568

Note: All those interested to remit money through internet banking and NEFT are requested to intimate the transaction details including the bank’s name, address of the branch & NEFT code of the branch, bank account No, name of the litigant & TSEWA No to the undersigned, Col Dr GB Sethi, General Secretary   & Lt Col G Parvathesam, Treasurer, for us to link up the payment with the litigant .

4. Above mentioned 4 legal documents duly signed, Service & personal particulars duly signed, Self attested legible photostat copies of original PPO & latest Corrigendum PPOs and crossed cheque / DD   drawn in favour of “TSEWA-AFT”  for appropriate amount (transaction details as per Note above) are required to be sent to my address (given below by signature), by SPEED POST , to reach me before 15 Nov 2017. It is advisable that these documents and cheques are sent to me as early as possible , instead of waiting for last date. This will facilitate compilation of litigants’ list, verification of correctness of legal documents, realisation of payment cheques and  submission of the litigants’ list & legal documents to TSEWA to enable them to file the case at the earliest, after 15 Nov 2017.

5. Please note that no request for inclusion of names will be entertained by me after 15 Nov 2017.

6. In case of clarifications , if any, please do contact me on telephone( tele No & mobile No given below my signature).

It is pertinent to mention that only TSEWA Members can join the case. Those prospective litigants who are not TSEWA members but want to take membership now are requested to down load the attached Membership form pertaining to them (membership form for veteran pensioners & family pensioners are different), fill up the same , affix photo, attach necessary documents & cheque, as per instructions contained therein and send it to the address given therein, at the earliest. After sending it , please get in touch with Col Parvathesam on mobile No:9490941822, obtain the membership No & intimate me for filling it up against their names in the litigants’ list to be drawn up by me.

Regards,

Lt  Col  K P  Radhakrishnan (Retd)
9448350925(mob), 080-25830710(res)
E-1/175, Sobha Hibiscus,
Bellandur Post, Bangalore-560103

Click on the links below, which will open in a new tab. The forms can be downloaded from there.

Pension of JCOs and OR Till Dec 2017 by 2.57 Method by Brig C S Vidyasagar on 14 Oct 17

  1. Many JCOs/OR approached me to make tables for Pension as w.e.f Jan 2016 in 7th CPC by 2.57 method as banks are not paying them their correct pension. The tables will help them to confront the bank staff for their legitimate pension till Dec 2017 by taking DR @ 5%. Acceding to their request, I made tables as under:-

(a)   Pension tables for Ex-Servicemen from the rank of Sepoy Y Group to Sub Maj X group till Dec 2017 with DR @ 5%.
(b)   Pension tables for Family pensioners as under:-

(i)  Ordinary Family Pensioner (OFP). Pension 60% of what her husband used to draw when he was alive. If pension of husband was Rs 20,000 then her own family pension comes to Rs 20000 x 0.60 = Rs 12,000 pm + DR
(ii)   Special Family Pensioner (SFP).  The wife of deceased serving soldier whose death as on date is attributable or aggravated by military service is given 60% of Last Dawn Emoluments or Reckonabe Emoluments. If husband’s emoluments at the time of death in service is Rs 30,000, she gets SFP of Rs 30000 x 0.60 = Rs 18,000.
(iii)   Liberalised Family Pension (LFP). The wife of deceased soldier who is martyred in war or war like operation, she gets LFP which is equivalent to her husband’s Reckonable emoluments. In this case if the husband’s reckonable emoluments were Rs 30,000 she get LFP of Rs 30,000.

(c)    Disabled Soldiers. I have worked their disability element in three bands as per broad banding policy. Disability element is 30% of reckonable emoluments for 100% disability. 100% disabled soldiers are entitled for Constant Attendant Allowance of Rs 6,750 irrespective of rank. For lesser disability DE is proportionately reduced. They are eligible for broad banding benefit as per Govt of India, Ministry of Defence letter issued recently.
(d)     War Injured Soldiers. They are two types.

(i)   War Injured but Retained in Service. Those who are war injured and retained in service like Col Anil Kaul, VrC, Brig PT Gangadharan and many Lt Gens who became Army Cdrs. They are given war injury element on their retirement at the rate of 60% of their reckonable emoluments for 100% injury. For lesser percentages, the WIE is proportionately reduced.
(ii)    War Injured and Invalided.  Due to injuries sustained in war or war like operations, they are medically boarded out as is generally known (correct term is invalided). They get WIE of 100% of their reckonable emoluments for 100% war injury.

  1. Old Age Pension. I have built in old age pension @ 20% of pension if they are in the age group of 80 years & less than 85 years, 30% in the age groups 85 to less than 90 years, 40% in the age group 90 to less than 95 years, 50% in the age group of 95 to less than 100 years and 100% in case they are centurians like Lt Col Damodar Vinayak Tangsale who passed away at ripe age of 103 (father in law of Major Ravi Joshi). As per the Min of Def letter dated 05 Sep 2017, disabled soldiers are also entitled to get old age pension on their disability element (DE).
  2. Disclaimer. The data is taken from Circular 555 of PCDA (Pensions). Unless you wear magnifying glasses, you cannot make out whether figure is 6 or 8 or 1 or 7. Therefore I could have made some mistake in taking the figure from the circular. I am not a software professional and did it with MS Excel. There could be mistake in picking up data from Circular 555 due to extremely small print and putting in the MS Excel Sheet. You are therefore required to see Circular 555 and amend my table if there is an error in data I had taken
  3. For officers, I have not done calculations as they are quite capable to work out their own pension and of their wives if they reach heavenly abode.

Warm regards,

Brig CS Vidyasagar (Rtd)
040-48540895
94931 91380

To open the table, click on the link below and the table will open in a new tab.

2017 OCT 13 PENSON OF JCOs AND OR

Pension of Officers and Ladies of Deceased Officers For Period Jul To Dec 2017

Dear Sir,

1.   Many JCOs/OR approached me to make tables for Pension as w.e.f Jan 2016 in 7th CPC by 2.57 method as banks are not paying them their correct pension. The tables will help them to confront the bank staff for their legitimate pension till Dec 2017 by taking DR @ 5%. Acceding to their request, I made tables as under:-

(a)   Pension tables for Ex-Servicemen from the rank of Sepoy Y Group to Sub Maj X group till Dec 2017 with DR @ 5%.

(b)   Pension tables for Family pensioners as under:-

(i)  Ordinary Family Pensioner (OFP). Pension 60% of what her husband used to draw when he was alive. If pension of husband was Rs 20,000 then her own family pension comes to Rs 20000 x 0.60 = Rs 12,000 pm + DR       

(ii)   Special Family Pensioner (SFP).  The wife of deceased serving soldier whose death as on date is attributable or aggravated by military service is given 60% of Last Dawn Emoluments or Reckonabe Emoluments. If husband’s emoluments at the time of death in service is Rs 30,000, she gets SFP of Rs 30000 x 0.60 = Rs 18,000.

(iii)   Liberalised Family Pension (LFP). The wife of deceased soldier who is martyred in war or war like operation, she gets LFP which is equivalent to her husband’s Reckonable emoluments. In this case if the husband’s reckonable emoluments were Rs 30,000 she get LFP of Rs 30,000.

(c)    Disabled Soldiers. I have worked their disability element in three bands as per broad banding policy. Disability element is 30% of reckonable emoluments for 100% disability. 100% disabled soldiers are entitled for Constant Attendant Allowance of Rs 6,750 irrespective of rank. For lesser disability DE is proportionately reduced. They are eligible for broad banding benefit as per Govt of India, Ministry of Defence letter issued recently.

(d)     War Injured Soldiers. They are two types.

(i)   War Injured but Retained in Service. Those who are war injured and retained in service like Col Anil Kaul, VrC, Brig PT Gangadharan and many Lt Gens who became Army Cdrs. They are given war injury element on their retirement at the rate of 60% of their reckonable emoluments for 100% injury. For lesser percentages, the WIE is proportionately reduced.

(ii)    War Injured and Invalided.  Due to injuries sustained in war or war like operations, they are medically boarded out as is generally known (correct term is invalided). They get WIE of 100% of their reckonable emoluments for 100% war injury.     

2.    Old Age Pension. I have built in old age pension @ 20% of pension if they are in the age group of 80 years & less than 85 years, 30% in the age groups 85 to less than 90 years, 40% in the age group 90 to less than 95 years, 50% in the age group of 95 to less than 100 years and 100% in case they are centurians like Lt Col Damodar Vinayak Tangsale who passed away at ripe age of 103 (father in law of Major Ravi Joshi). As per the Min of Def letter dated 05 Sep 2017, disabled soldiers are also entitled to get old age pension on their disability element (DE).

3.   Disclaimer. The data is taken from Circular 555 of PCDA (Pensions). Unless you wear magnifying glasses, you cannot make out whether figure is 6 or 8 or 1 or 7. Therefore I could have made some mistake in taking the figure from the circular. I am not a software professional and did it with MS Excel. There could be mistake in picking up data from Circular 555 due to extremely small print and putting in the MS Excel Sheet. You are therefore required to see Circular 555 and amend my table if there is an error in data I had taken

4.  For officers, I have not done calculatins as they are quite capable to work out their own pension and of their wives if they reach heavenly abode.

5.   All these tables are put up in T SEWA Blog on 15 Oct 2017. You may visit the blog at www.tsewa.org.

Warm regards,

Brig CS Vidyasagar (Rtd)

040-48540895

94931 91380



NFU - NO CASE BEING FILED BY TSEWA

03 Oct 17 - ADMIN

TSEWA has no intention of filing any case regarding NFU.

HONOURABLE SUPREME COURT HAS NOT EVEN GIVEN THE FINAL VERDICT ON THE CASE.

So please wait. In any case it is for serving officers first.

So why Veterans are jumping???????

So please do not send mails saying you want to join AFT case.

Remember you are saying that you want to join a case which does not exist.

That is real FUNNY & RIDICULOUS, dear veterans.

By sending such unwanted mails on the group you are clogging the mail boxes of many who are not interested in your mail.

So please pause & think before you send a mail.

STEADY DECLINE IN THE STATUS OF THE ARMED FORCES

POSTED BY COL RAMU

As Fwd by Col Veeramani
An Interesting Letter from Gen Bahri to PM after he was greeted by PM on his birthday.

Dear Mr Prime Minister,
Thank you very much for the greetings on my birthday. They were a surprise and are much appreciated. 

May I ask for a favour?

Today, I am an 84 yr old officer commissioned in Dec 1952 and belong to the 1st Course of the National Defence Academy. From Jan 1949, when I joined the NDA,  I have only seen a steady decline in the status and financial state of the Armed Forces. If this decline is not arrested we will have an abundance of soldiers (due to unemployment) to be lead by mediocre or below par officers. Field Marshal Carriapa said at our Passing out Parade in 1952 that the Jawans are always good, it is the officers  who have to be capable of leading them. It is sad that due to the neglect by successive governments only mediocre or below par officers are being inducted as the cream of the youth available has been skimmed off by the civil services and the corporate sector. Till mid ’50s we used to be equated to the British company officers and the civil services were considered nowhere near AF Officers. Most senior officers in the police were seconded from the Army who were medically unfit for army service, and the senior most officer in the police held an appointment of Inspector General which was junior to a Brigadier.

 Unfortunately, the scene has changed completely. The AFs are being undermined consistently and relentlessly as though the bureaucracy’s only agenda is to belittle the soldiers. Previously, the governments were least concerned and aim was how to stay in power and milk the Nation. While the AFs continued protecting the sovereignty, with inadequate equipment due to rampant corruption, the civil services quietly continued up grading themselves vis a vis the soldiers. After the biggest national victory in ’71 the slogan being chanted was “India Is Indira & Indira is India”. While the 3rd CPC inflicted the most grievous wound on the AFs, by lifting the pensions of civil servants, reducing the pensions of JCOs and OR and not giving any additional benefit to the officers. It looked as though the civil servants had created a new country and taken 93,000 POWs. The cunning and cussedness of the IAS started from the time FM Ayub Khan declared martial law in Pakistan. They started putting fear in the then govt that the Indian Army may also take over the nation. By playing on these fears and the insecurity of inexperienced politicians the IAS ingratiated themselves with the ruling party and started eroding the status of the AFs while consistently upgraded themselves. 
When I was commissioned an IAS officer felt that he would be happy if he retired as a deputy secretary at age 55. The AFs aimed to retire as Lt Cols at 48 yrs. The difference was in their pensions. A Dy Secy took home less than Rs 400 pm while a Lt Col took Rs 675 pm. Now every civilian entrant, whatever be his performance, retires as an additional secretary at age 60, while the Lt Col retires at 52 and takes home 50% of last drawn pay. As this service had to carry other services along, except the AFs, crumbs were thrown at them also. Now these services have more additional secretary level officers in a total cadre strength of about 15,000, than all the AFs together, which have an officer strength of about 60,000. Something is radically wrong in the cadre management, which is costing the country a pile while providing poor administrative support to the citizens. 
I would like to bring to your notice that in the military academies, the Sword of Honour winners among the cadets do not become the Chiefs of the services. The order of merit (O of M) is decided on the performance during training and then it is revised based on the performance during an individual’s service. In the civil services the O of M is decided by the performance in the UPSC entrance examination and they carry it through out their service, whatever be their contribution to the nation’s well being. It is ironical that with NFU the civil services have thrown performance linked promotions out of the window, which is ensuring that we stay at the bottom of the comity of nations despite paying much more than our civil servants deserve. Ask any HR professional and he will give an adverse report within minutes, on the way the cadre management of civil servants is being done.
The worst part is that to maintain the supremacy of the civil servant this gang will not hesitate to feed wrong data to any committee being set up eg., the 7th CPC. They have become so confident and brazen that they are not even worried about committing contempt of the Supreme Court by supplying wrong data, to prove their point. I had written to the RM a few months ago that the integration of the MOD with the AFs must be done, as recommended by a knowledgeable civil servant, Mr K Subramaniam in his report, post Kargil operations. This will ensure that decisions by the civil servants in MOD are not taken in silos and the RM receives well considered advice. Otherwise, he will always keep telling the Services, “I will look into the matter” after every biased decision is announced by the MOD. As it happened after the recent announcement of a revised equation between defence officers and civil servants in the MOD. This one sided decision making is not new. In 1975 when I was Military Attache in our Embassy in Paris I was paid Foreign Allowance (dearness allowance abroad) equal to a 1st Secretary, even though I was entitled to FA equal to a Counsellor as per a MEA letter, because the MOD had issued a letter giving an arbitrary equations. It is still happening because the MOD is always looking for ways to belittle the armed forces.
May I therefore, please ask as to why the government is ensuring that the soldiers not only have to fight our enemies on the outside, but also the known enemy within? The latter fight is more debilitating and demoralising. Your government has its objectives clear but regret to say that the bureaucracy is not entirely with you.
With warm regards and wishing you and the Nation a very Happy, Healthy and Prosperous Diwali under your leadership.

INDIAN VETERANS IN USA

POSTED BY COL RAMU

I am looking forward to the day when this will happen in Mera Bharat Mahan!!!!! 
That is America and Indian Govt should feel ashamed
                                                                    Veterans
I am a retired officer who retired in 1994. I would like to share with my veteran country mates something. Our niece stays at Chicago, USA and we decided to visit her, which we could not do it earlier. On 14.05.2016 , I and my wife reached Chicago on a two month so journ.
When we landed in Chicago, there were three other heavy duty aircrafts which also landed each having 350 to 400 passengers. By the time we could arrive at the point of immigration department, there were around twelve hundred people ahead of us. We were wondering as to how long we have to stand in the queue for immigration and customs clearance.
As we were standing in the line, I enquired from the uniformed airport homeland security staff if there was any separate queue for the Veterans. He looked at me and took me to the superintendent of customs and immigration. The Superintendent asked me if I was carrying any Identity card and then I showed my Retired Officers Identity Card. After a glance at the card he took us to an enclosure and asked us to wait there. Within minutes an young lady in uniform arrived and enquired from me “Sir, were you identified as a Veteran?” When I replied in affirmative she took me to the serpentine long line seen by me earlier and most reverently placed me and my wife at the top of the queue ahead of those 1200 people who were ahead of us when we joined the line. She then went ahead and met the official stamping the passports with Visa immigration stamps and whispered something in the ears of this official who looked at us. After he finished the stamping formalities of the person ahead of us, he gestured at us. As I approached the immigration stamping official he stood up from his chair and appreciated my embroidered regimental cap that I was wearing. Very politely he asked for our passport, had a quick check, completed the biometric check, on finishing the formalities, he quietly affixed immigration stamp and then instantly added respectfully, “Welcome to USA, Sir and have an enjoyable stay here. Customs is waived for you, please go and collect your luggage from the belt and proceed ahead to the exit door.”  And that was the respect they show to a veteran of another country.
30th May of every year is observed as Memorial Day throughout USA. It is a day dedicated in the memory of brave hearts who have fallen while protecting the unity and integrity of the country and in the service of the nation. The Veterans are given the due respect and remembrance for protecting them against all external and internal adversaries working against the national interest. The day is observed as a National Holiday. Oblivious of the importance and significance of the day, we were in the market going through the grandiose of the products in various stores. In one of the stores we bought some items and when I came to the counter for paying the bills, the attendant looked at my cap, hesitated for a splitting second and enquired if I am a Veteran? On receiving a reply in affirmative, he checked my credit card where my name starts with my rank and then he promptly announced – “Sir, 15% discount for the respected Veterans on Memorial Day! We are indeed grateful to the Veterans.”
We had to travel a lot across the country and for domestic air travellers very stringent security measures are adopted in all airports. I am very happy to say that many a times the security personnel at the airport gave me and my wife a broad coloured paper on which priority and expedited security check was written and we were told not to remove shoes and jackets and head gear we were wearing and eased through the body check booth.
At San Diego Sea World water-park where killer whale shows are held, the Director of the park came on the stage and announced if there are any Veterans in the audience and he made a specific mention that not only US Veterans but Veterans from all other countries are included in the count. There were 15 veterans in the audience of around 650 people and when all 15 of us stood up, the entire amphitheatre erupted into a clamour for clapping which continued for good five minutes. Then the Director announced, “We are so very happy that you all are with us today. We are safe because of you and your mates. This show is dedicated to you! There was tumultuous clapping thereafter.
The point I am making is the quantum of honour and respect these people bestow on people of Defence background to show their gratitude, love and affection for the sung and unsung heroes who had withstood like a rock against all efforts for disrupting the integrity of the country and humbled every possible attempt for disintegration of their nation. A true homage indeed!! Wish we had some steps like this nature in our beloved country to recognise and appreciate the sacrifices made by us!!!
 Love and Regards
Sushil

FUDGED DATA OF DISABLED SOLDIERS BY CGDA

POSTED BY COL RAMU

Fudged data, disabled soldiers and dishonest intentions Of Bureaucrats 

by Major Navdeep Singh (Retd)

With reports emerging that the data on disabled soldiers and disability pensions presented by the Defence Accounts Dept to the 7th Central Pay Commission may have been twisted, what could be more saddening than the thought that the allied departments created to help and aid the defence services have today become their greatest enemies?
 
The controversy : The genesis of this controversy lies in the slashing of disability pensions for defence services by the Pay Commission, tacitly hinting that percentage-wise more officers were drawing disability benefits than personnel of lower ranks. This has unnecessarily created fissures between the Government, the Armed Forces, disabled veterans and the civil society in what was clearly an avoidable controversy. Further rankling was the fact that the Pay Commission admitted in Para 10.2.50 of its Report that the data had been provided to it by the Controller General of Defence Accounts (CGDA), which is inherently odd since it was the Ministry of Defence or the Defence Services Headquarters who alone were authorized to interact with the Commission. Moreover, it also defies logic as to how could such data be relied upon in a one-way manner without being authenticated or even discussed with the stake-holders.
 
Strange coincidence : What is more shocking is the fact that the CGDA, as reported by the Indian Express today, tried to intervene and interfere in disability benefits to soldiers by writing a letter to the Army in September 2015 and when its efforts in denting the legally admissible benefits failed, the same points found place in the Pay Commission Report in November 2015 based on data provided by CGDA. Needless to state, the Supreme Court and the High Courts have time and again held that the Defence Accounts Department has no role to play in such aspects which are the domain of rules promulgated by the Government, binding judicial decisions, executive and legal authorities. The exuberance shown by the said department to exceed and usurp jurisdiction therefore should be nipped in the bud by the Government. The department, though admirably rendering important services, should restrict itself to accounting and correctness of amounts to be disbursed as per rules.
 
Twisted figures : The CGDA provided a data of 18.9% recipients of disability benefits in the year 2007-2008 which went down to 7.2% in 2013-2014 for ranks other than Commissioned Officers while it stated that the percentage went up from 13.6% to 19.8% in case of Commissioned Officers.
 
However, it is understood that even the said data is false and the percentage of recipients for personnel other than Commissioned Officers was about 16% and for Officers it was 12.5%. The shocking schism projected by the CGDA was hence faulty and consequently so was the reliance of the Pay Commission on doctored data therefore also rendering its final recommendations questionable.
 
Even the above figures of 16% and 12.5% respectively are not an accurate representation of military disabilities since many of these instances would comprise of injuries as opposed to diseases. Injuries during the course of performance of duties due to accidents, operational reasons and unforeseen incidents are unavoidable in any operationally oriented force which does not function in a controlled environment.
 
Comparison with other nations : The closest democracy to which Indian forces can be compared operationally and numerically is the US. In 2014, a total of 22.5% personnel in the US were released with a disability, which is much higher than the Indian figures. The incidence of Post Traumatic Stress Disorder (PTSD) alone rose from about 90 cases in 2002 to 12,570 cases in 2014 as recorded by the Congressional Research Service in its report published on 7th August 2015. Veterans serving in the operational environment in the Middle East have displayed symptoms of PTSD alone upto a tune of 20%, and this is only speaking of PTSD and not other disabilities.
 
Reasons for rising disability data in India : The reasons, though not thrashed out by the CGDA or the Pay Commission, for a slight rise in correct disability data and higher incidence of disability in Commissioned Officers, are multifarious:
 
·  The service span of officers is more than others. While lower ranks start retiring in their 30s depending upon rank, the minimum age of retirement of officers is 54, thereby increasing the probability of disability in case of the latter.
 
·  The percentage projected by the Defence Accounts Department contains the data of not only diseases but also injuries and operational disabilities which are not in the control of individuals or institutions or health services.
 
·  The data, though even numerically wrong, is also not honestly rendered since it is not current and contains hundreds of instances where even old cases (some of them who had retired with a disability in the 1970s, 80s, 90s and early 2000s) who were illegally denied disability pension earlier and had now been released their due benefits on change of policy or judicial intervention.
 
Setting a dangerous pattern : The lack of moral honesty in playing around with figures and feeding the political executive, media and social media with wrong information, especially in such cases involving the disabled and the frail, has a dangerous fallout. Tomorrow, soldiers may feel uncomfortable in exposing themselves to exigencies of service such as long deployments away from family or high pressure environments which lead to rising stress levels and aggravation of medical conditions. Worse, personnel may start avoiding operating with full enthusiasm in tough areas just to avoid risking disability or injury, all thanks to the data of accountants and an unethical vilification campaign against disabled soldiers. While the world is moving towards liberalization of the regime of assessing disabilities and rules in India also being apt and balanced, our accountants are getting excessively concerned about rising disability payouts and labelling stress-induced medical conditions as ‘lifestyle diseases’. Well, this unsettled ‘lifestyle’ is not a picnic for our soldiers. Disabilities are unpredictable and not mathematical or in own control. Disabilities are a natural consequence of an operational and strong Army and if we want to count pennies then our accountants should simply recommend the abolition of the military, the Pay Commission may perhaps agree!
 
To aid or to obstruct : It is also equally jarring to observe that allied organisations which are meant to help out our defence services are today embracing obstructionism and also promoting an environment of distrust and negativity by trying to play around with the sentiments of our defence services and projecting urban legends to the political executive to cloud the decision making process. Contrary to popular perception, our troops are dying earlier than their civilian counterparts. Jawans released in their 30s standing outside your neighbourhood ATM, for we give them nothing better, look like they are in their 50s- such is the effect of military service on health. The question arises that if indeed there was a trend of rising disabilities in the forces, why did not the Defence Accounts Department or even the Pay Commission rather suggest measures to check the deteriorating health profile of our troops?
 
 
A question to which there is no answer.
 
 
Major Navdeep Singh

Major Navdeep Singh

Major Navdeep Singh is a practicing Advocate in the Punjab & Haryana High Court and the Armed Forces Tribunal. He was also the founding President of the Armed Forces Tribunal Bar Association. An author of four books, he is a Member of the International Society for Military Law and the Law of War at Brussels. He writes extensively at www.IndianMilitary.infoand tweets under the handle @SinghNavdeep
 

ARMED FORCES REDRESSAL GRIEVANCES COMMISSION

POSTED BY Col RAMU

On the 25th Sep 2016 at Kozhikode, Kerala, Major AK Dhanapalan, The National President, Bharath Rekshak Party, met the Hon’Ble Rekhsha Matri Sri Manohar Parrikarji and discussed the following points relating to the Ex-servicemen Fraternity:-

  1. ARMED FORCES GRIEVANCES REDRESSAL COMMISSION

The H’ble Supreme Court on 15/11/2010 suggesed for constituation of seperate COMMISSION  to examine the Pay/pension and other grievances of the Armed Forces Personnel and the Ex-servicemen. The BJP has made it a point in their Election Manefesto also.

On the 11 March 2016, H’ble Mininister of State Sri RAO INDERJIT SINGH Ji made a statement in the Parliament that “In pursuance of Hon’Ble President’s Statement made in the Address to the Joint Session of Parliament on 9th Jun 2014, regarding Govt’s decision to appoint a Veterans Commission, the National Commission for Ex-servicemen Bill 2015 has been drafted.  The comments Department of Legistative Affairs and Department of Administrative reforms and Public Grievances have been obtained.  The matter is under consideration of the Goverment.” This was in response to an Unstarred Qeustion No.2474 by Shi MAHEISH GIRRI.

We rquest to expedite the issue without  any further loss of time.

(we may recollect here,  In the connected matter, W.P (Civil) No.291/2010 – “Pushpawanti  Vs  UO I” , the Hon’ble court was pleased to order the Govt to consider setting up of an independent Commission headed by a retired SC Judge “for looking into all grievances of the serving and former memebers of the Armed Forces.  We feel this is necessary as the armed forces personnel have many grievances which they feel are not being properly addressed by the Union Goverment. Pointing out that the widow of a war veteran had approached the SC questioning the logic of paying her a meagre pension of Rs.70/- , the bench said this was the treatment meted out to highly decorated officers “it is shameful” that the Govt had allowed such a case to come to Supreme Court”Does it require a case?” What are you people upto? It is very demoralising for the Armed Force” THE BENCH TOLD THE SG).

  1. RESETTLEMENT OF EX-SERVICEMEN

Armed Forces Personnel are retiring  at a very early age i.e. before attaining the age of 60 years.  No financial support OR re-settlement package is available to them.  The Jawans who leave service at the age of 35-45 find it very dificult to support the family, educate the children, look after the old parents, getting mariage of young sisters etc.  It is highly essential to provide alternate appointment  and protect the salary drawn.  A National  Ex-servicemen settlement Policy  is a very long outstanding  requirement  of the Ex-servicemen in the country. A National Policy should be made.

  1. DISABILITIES

A National Policy  on protection of disabled Armed Forces Personnel do not exist.  Equal opportunities of right and full participation Act 1995 enable a Civilian Employee if get disabled  whether on duty or off duty,  whether due to service or otherwise, whether due to his own negligencies or not, his/her services are protected. If the employee is NOT able to work, still he/she is to be kept on supernumerary strength and paid full pay and allowances till the age of 60 years.  WHEREAS the Armed Forces personnel injured/diabled will be sent home, some time may be wihout pension on flimsy reasons. This is inhuman.

The equal opportunities of Right and Full Participation Act 1995 should also be made applicable to Armed Forces.

And TSEWA is exploring the feasibility filing  a case in AFT Delhi or PIL in SC on Protection of Disabled Armed Forces Personnel under The Equal opportunities and Full Participation Act 1995 pointed out Maj AK Dhanapalan 

NAVAL PENSION OFFICES

POSTED BY Cmde SUDHEER PARKALA, IN, Retd.

There are basically three organisations which are dealing with the pensions details of which are given below:
Naval Pension Office (Navpen). This is a newly created organisation which looks into the pensions of officers and Sailors. It is co-located with INS Tanaji and is headed by Logistic Officer-in-Charge of the rank of a Commodore. SO (Pensions) Officers and SO(Pensions) Sailors under him look after all pension matters. Issue of all PPOs and Corr PPOs are also coordinated by him. For all queries regarding your pensions you can write to him directly. The address of NAVPEN is given below:
        The Logistic Officer-in-Charge
        Naval Pension Office
        C/O INS Tanaji
        Sion Trombay Road
        Mankhrud
        Mumbai – 400 088
        Toll Free Number: 1800220560
        E-Mail: navpen-navy@nic.in
Naval Pay Office (Navpay). This old Naval Pay Office continues to disburse all terminal benefits to officers and sailors on release/retirement since Navpen does not have cash assignment. Some of the records are still held by Naval Pay Office but eventually all the records will also go to Navpen at Mankhrud. In case you haven’t received your terminal benefits on retirement, you can write to Navpay keeping Navpen informed. The Naval Pay Office address is given below:
        The Logistic Officer-in-Charge
        Naval Pay Office
        Shahid Bhagat Singh Road
        Mumbai- 400001
        e-Mail ID: wncnavpay-navy@nic.in
PCDA (Navy) Pension Cell. The PCDA (Navy) Pension Cell is now located opposite Naval Pay Office and deals with issue of all PPOs and Corr PPOs. For all matters related to PPOs, Corr PPOs or corrections there of, you may write to them copy to Navpen, Mankhrud or write to Navpen copy to PCDA (Pensions). The main Office of PCDA(Navy) is located at Cooperage near bandstand Mumbai but the Pension cell is now located opposite Naval Pay Office. The address is given below:
        The Principal Controller of Defence Accounts (Navy)
        Pension Cell
        Shahid Bhagat Singh Road
        Mumbai -400001
        Tel: 022-22696139
        e-Mail: pcdanavy@nic.in
INS Tanaji. The Commodore Bureau of Sailors (CABs) at Cheeta camp, Mankhrud, Mumbai was commissioned as a full fledged establishment on 10 Jul 2012. Co, INS Tanaji (old CABs) will deal with all matters of recruiting, Manpower planning of sailors and deal with transfers and promotions of all sailors. The OI/C Release centre is merged with LOIC, Navpen and therefore all Release formalities of Sailors are also looked after by LOIC, Navpen including for Officers. NHQ (PDPA) who was dealing with Officer’s pensions will now be looked after by Navpen only. Veterans are therefore advised not to write to CO, INS Tanaji (Old CABs) on any matters pertaining to veteran officers and sailors.
The Navy has taken note of various difficulties faced by Officers and Sailors in receiving the Pensions through banks and CPPCs. The Navy is planning to therefore establish a full fledged Navpen with cash disbursement authority. Once it is approved, Navpen will directly calculate the pensions and arrears and credit the amounts to the bank accounts of Pensioners/Families every month without the need for CPPCs. Till this happens, we will have to depend upon CPPCs.
I therefore request Naval veterans to kindly make a note as  also disseminate to all your friends who are not Members of TSEWA. You are welcome to take up various issues directly /through TSEWA for my attention. I will take up the cases at appropriate level and ensure speedy resolution of the problems.
Warm regards,
Cmde Sudheer Parakala, IN (Retd)
President, East & South Zones
TSEWA -220
Mob: 984905

HOSHIARPUR PENSION CAMP - 16 OCT 2016

AWARENESS TOURS & VISITS

Feedback on Hoshiarpur Tour by President, TSEWA, Punjab

Pension Camp was held at Hoshiarpur on 16 Oct 2016 from 9 AM to 5 PM. It was attended by 13 Officers,  362 veterans and 66 veer naris and also staff from SBI, PNB & DPDO.

The following Pension Cases Resolved :
– Ex Servicemen : 87
– Vir Naris : 23
– OROP Cases : 41
– 33 Yrs Rule entitlement: 37
All others indl cases were discussed and the ESM were advised accordingly ,who were satisfied. All present Ex Servicemen and Vir Nari appreciated the pension camp and thanked TSEWA

123 ESM have become members of TSEWA. Membership fee and amount deposited in TSEWA account. Membership Forms sent by courier  to TSEWA office.Many more are also coming forward to become member .
Looking forward to organise such pension camps in each Distt of Punjab .
Ex Servicemen Movement thanks Brig S Vidyasagar and Col AS Rana for coming to Hoshiarpur and resolving all pension related cases.

Thanks and Regards
Col Raghbir Singh

Inauguration Awareness Tour, Hoshiarpur 16-10-2016

Inauguration, Awareness Tour 
Hoshiarpur 16-10-2016

 

Brig Vidyasagar addressing the gathering Awareness Tour, Hoshairpur 16-10-2016
Brig Vidyasagar addressing the gathering
Awareness Tour, Hoshiarpur 16-10-2016

Audience in rapt attention Awareness Tour, Hoshaiarpur 16-10-2016

Audience listening with rapt attention
Awareness Tour, Hoshiapur 16-10-2016

 

Awareness Tour, Hoshiarpur 16-10-2016

Awareness Tour, Hoshiarpur 16-10-2016

Awareness Tour, Hoshiarpur 16-10-2016
Awareness Tour, Hoshiarpur 16-10-2016

SLIDES

images

SLIDE PRESENTATION - EFFECTS OF 7 CPC ON PENSIONERS & SERVING PERSONNEL

These PP slides are being  put up in TSEWA Blog to get comments from veterans to refine our legal brief as we are likely to file two cases in AFT to get higher pension and higher pay to serving officers.
Brig C S Vidyasagar

QUERIES ON PROGRESS OF CASES AT AFT - DELHI - ( Sample Order of listing )

A number of members keep raising enquiries & keep asking for the progress of cases filed with AFT & more so when is the next hearing date. The issue was discussed with Brig. SKS Rana, VSM, & it is informed that The NEW CHAIR PERSON of AFT PB has issued a Directive that all cases will be borne on REGULAR LIST & Posting of the cases would be done as per SENIORITY of the Date of FILING.
The cause list would be drawn up a few days before the DATE of HEARING & the Advocates would be informed of the date of hearing.
Hence it may be noted that cases which are put in the REGULAR LIST can not be given the NEXT Date of HEARING in ADVANCE.
Brig. SKS Rana, VSM, TSEWA, Legal Head at Delhi is making all out efforts in getting early hearing for our cases.

Please see the sample order of LISTING at AFT Delhi has already been posted.

SAMPLE ORDER OF LISTING OF CASES IN AFT - DELHI


PONTS BY AG - ESM MEETING ATTENDED BY Col AJIT S RANA, PRESIDENT TSEWA, NORTH INDIA, HARYANA


By Col Ajit Singh Rana

 1.            Cadre Review: JCO/OR.    Periodic Cadre Reviews are a must in a robust, responsive and resilient HR management system so that legitimate aspirations of the rank and file are met. The last Cadre Review for the Army was done in 1984. Hence, Service HQ had moved a proposal of upgradation of rank structure which will benefit approximately 1.45 lakhs JCO/OR.  The proposal which has been approved is in the final stages of issue at MoD.  The upgradation is to take place over span of five years and will endow higher career progression of JCO/OR.

2.            Army Public Schools.   As part of ensuring quality education to children of All Ranks, deployed in far flung corners of the country, the MoD has agreed for starting of two premier residential Army Public Schools which are likely to come up at Bhopal in MP and Mamun in Punjab.  These schools which will be residential in nature will have a capacity of 2000 children each and will exclusively cater to the growing needs of quality education of children of All Ranks. The Schools will have State of Art facilities in terms of digital class rooms, latest pedagogy and top class indoor and out door sports and recreational facilities ensuring all round development of children. The Cost of these Schools (approx Rs 100 crores) is being funded by MoD. As of now, Army Welfare Educational Society (AWES) is managing 137 schools and 11 Professional Colleges.

3.            Women in Corps of Military Police.  Women have been part and parcel of IA over the years, albeit in Army Medical Establishments as well as Officers from 1992. A decision has been now taken to introduce women in ranks starting from Corps of Military Police. Increasing needs for investigation against gender specific allegations and crime, a necessity was felt to introduce Women in Corps of Military Police. The proposal is being finalised for induction of approx 800 women with a yearly intake of 52 per year.

4.            DIAV – Skilling Efforts.  As part of National Skilling Initiative, Indian Army was in forefront in adopting the Skilling Initiative in the year 2016 so that the same provides a viable second career option to prospective retirees. Indian Army as of now has opened a skill training centre at each Regimental Centre where in formal training is imparted in 11 sectors in 25 different job roles. Till now a total of approx 14,000 personnel have been trained and many of them absorbed in the corporate sector. This skilling initiative has been further expanded to include spouses, veer naris and dependents at various Army Skill Training Centres operated Pan India.  The first iconic Army Skill Training Centre was inaugurated by the Hon’bl Minister for Skill Development in Delhi Cantt on 22 Aug 16. Since then, eight such centres are in operation and another 32 are in the offing. This skilling initiative has enabled empowerment of Army personnel and spouses thereby enabling them to contribute towards nation building.

5.            AWHO.  Army Welfare Housing Organisation (AWHO) a welfare org which was started in 1978 with the avowed aim to providing affordable accommodation to all ranks including widows, till date has constructed 40,000 Dwelling Units (DUs) in various parts of the Country.  Keeping in with the times, the organisation is now on the anvil of launching new projects in selected stations keeping in mind aspirations of our soldiers. Going a step ahead, AWHO from being a construction agency, is also acting as a facilitator to All Ranks in negotiating bulk requirements of DUs already constructed by reputed builders.  The Pilot project on this count is being launched in NCR shortly.

6.            Army Welfare Fund Battle Casuality.  In order to alleviate the conditions of many NoK of Battle Cas/disabled veteran/serving disabled , a fund specifically catering for the same had been opened with concurrence of MoD.  Citizens from any walk of life can contribute to the fund, the proceeds of each is being distributed in a laid down manner which has been approved by MoD.  The funds will be managed by a Managing Committee under the Hon’bl RM. The first tranche of disbursement of Rs 3.24 crores to 162 NoK of BC were done on 25 Jul 17.

7.            Medical: Artificial Reproductive Technique Centres (ARTC).  To enable childless couple in Army,  to utilise latest and modern methods of ART, two new state of the art centres have been established recently at Bhopal and Guwahti so that childless couple need not unduly wait for their turn. These centres are in addition to existing ones at Delhi, Pune and Mumbai.

8.            Automation of Records.  IA has gone in a big way to digitise personnel documentation and records of serving as well as retired personnel.. The aim of the whole exercise is to ensure that right from the time a person is recruited and till he retires and further, all personnel docu are accurate and timely in ensure that all  rks receive their due entitlements.  The Units, the Records Offices as well as the Pay and Accounts Offices have been networked in a seamless fashion and trials are on to have paperless transactions and implementation of digital certification.

9.            ECHS.   The Ex Servicemen Contributory Health Scheme, a flagship scheme for extending quality health care to Ex-servicemen and their dependents has gone in for RFID enabled smart cards facilitating digital records incl details of medication. The system of Authorised Local Chemist has been approved by MoD to overcome the issue of Non Availability of medicines.  Chemists will be empanelled by respective Station Commanders of Military Stations.

10.         Service Voters.  After the amendment in Electoral Rules, in Oct 16 which permitted Electronic Txn of Postal Ballots,  the Army in a big way has under taken denovo measures to utilise electronic registration so that in the forthcoming elections max pers can receive E Postal Ballots in time  and cast their Franchise. Till date approximately ten lac Army personnel have been registered on ECI website.

 

PROGRESS COURT CASES BY BRIG S K S RANA, VSM, RETD, HEAD TSEWA LEGAL CELL

Dear All,

I am forwarding my  two mails of dates 22 and 23 Sep 17. 

I do not understand that what mode I should follow which can satisfy all members about the progress of the case. It is not practical for anyone of us to respond to all applicants individually. It may sound little awkward for members to realise but it is true that members when they contact the office bearers they do not remember the OA No of the case which they are member of and yet they expect the one man legal team and it's legal head to remember not only their names but also that they also happen to be member of OA 34 which has more than 1000 applicants. When they are requested to to see the progress on the AFT website they say they do not wish to do so as they do not know how to do it, therefore the information has to be provided by the team TSEWA.

In any case keeping the above aside, in last few days there have been some very unpleasant mails written on the TSEWA yahoo mail group where some of them have been written by the members of core gp also. I think such outburst of emotions could have been avoided and response could have been framed in much better words. I on behalf of TSEWA office bearers express deep regret for use of such language on the mail group and request the members not remember the mails which were not so pleasant to read. I also request all office bearer members to be more careful in using the language in their mails, since we are not working as the office bearer on our own but it is the choice of the house that they have elected us to run the show on their behalf.

With regards to BB-2 I confirm that till today close of the AFT the case Judgement was not signed.

Have A Wonderful 
Day.

Fond regards,
Brig SKS Rana, VSM
TSEWA-0924
Head Legal Cell
Tri-Services Ex-Servicemen Welfare Association( ISO 9000:2015 )
Mob+91- 9810281035
Be grateful to those who stood by you in your bad times.
But do forgive those who did not.


---------- Forwarded message ----------
From: Brig SKS Rana VSM <rana.tsewa@gmail.com>
Date: 23 September 2017 at 21:43
Subject: Re: [tsewalegal] PROGRESS COURT CASES
To: yahoogroups <tsewalegal@yahoogroups.com>


Dear Gen Moorjani,
There is no further progress as the Court Judgement has yet not been signed and recd by our lawyer.

Have A Wonderful 
Day.

Fond regards,
Brig SKS Rana, VSM
TSEWA-0924
Head Legal Cell
Tri-Services Ex-Servicemen Welfare Association( ISO 9000:2015 )
Mob+91- 9810281035
Be grateful to those who stood by you in your bad times.
But do forgive those who did not.


On 22 September 2017 at 14:39, Mohan Moorjani mohan.moorjani@gmail.com [tsewalegal] <tsewalegal@yahoogroups.com> wrote:
 

Dear Brig Rana,
Can you please give us the latest on BB2 for which orders have been issued.
Thanks 
Maj Gen M S Moorjani 
M no -2710

On Fri, 22 Sep 2017 at 1:51 PM, Brig SKS Rana VSM rana.tsewa@gmail.com [tsewalegal] <tsewalegal@yahoogroups.com> wrote:
 

Dear All,
There is a clamour for knowing the NDH of OA 168/2016 and may be one or two more cases. It is for info of all the members of the TSEWA, that according to new procedure adopted by the Chairperson of AFT (PB) the cases are being heard till the stage of arguments and thereafter once the arguments are over, the case is put in the Regular list. Once case is is transferred to the regular list its seniority is taken from the date of filing and the final judgement will be pronounced only after all cases filed before that case are adjudicated.
A sample order is attached for reference of all so that the worries of members are put to rest.
Few more cases specially like OA 34/2016 was the first case filed was not responded so far ie counter affidavit (CA) was not been filed by the counsel for the respondents hence the cases were getting delayed which is beyond anyone's control. Now the CA for OA 34 / 2016, OA 664 / 2016, OA 457/2017 have been recd by our advocate and the rejoinder is to be filed. 
Have A Wonderful
​ ​
Day.
Fond regards,
Brig SKS Rana, VSM
TSEWA-0924
Head Legal Cell
Tri-Services Ex-Servicemen Welfare Association( ISO 9000:2015 )
Mob+91- 9810281035
Be grateful to those who stood by you in your bad times.
But do forgive those who did not.



__._,_.__

REQUEST TO REDUCE E MAIL TRAFFIC ON YAHOO GROUPS MAIL

BY BRIG C S VIDYASAGAR, RETD.

Dear Members of T SEWA,

    I get too many telephone calls, SMS, e-mails from members of T SEWA complaining that their mail boxes are getting cluttered with hundreds of mails every day and they do not find more than five or six mails of any use to them. They are wasting their time in deleting such unwanted mails. As on today we have 6,700 members in T SEWA. 3,867 have e-mail ids. Only 1,470 have become members of T SEWA Yahoo Mail Group.

   Communication is very important in the present environment as our members are not only residing in all States and UTs of India but also in seven foreign countries. I and office bearers of T SEWA have to keep sending important mails for the benefit of members. We can do so by many ways. One which is fastest, cheapest and easiest is e-mail. Second is SMS which is costly even with bulk SMS facility and time consuming. Third is Whatsapp and Facebook posts for which you need internet connection.

    T SEWA has been endeavouring to keep our members abreast with latest on issues like pensions, arrears, policy letters issued by Min of Def and Circulars issued by PCDA (Pensions) Allahabad, ECHS, CSD etc. T SEWA also makes tables of arrears whenever pension goes up or arrears of any legal case T SEWA wins and disseminates the same through T SEWA yahoo mail group.

   For better communication with our members  T SEWA has spent considerable time and money to have T SEWA Blog (URL : www.tsewa.org) administered by Smt Rekha Sekhri, w/o, Lt Col Raj Sekhri. We have web site (URL :www.tsewa.in) administered by Lt Col Vijai Chandra Salins. We make use of these facilities to disseminate maximum information to all our members. If you care to visit the Blog and Website, you will get lot of information. You need not send any e-mail seeking information and then reduce e-mail traffic.

   Please understand if you send a mail through T SEWA Yahoo group mail id (tsewa@yahoogroups.com) your mail goes to all 1,470 members of T SEWA Yahoo group mail. Unless your mail is so important that you want all members of this mail group know then certainly use the Yahoo Mail Group. But if it is to be sent to few then I request you to send it to their personal mail ids.

   Another accusation levelled against me is I as an Administrator, am not curbing unnecessary mail traffic on legal cases.

   I do understand the anxiety of petitioners of legal cases to know whether their documents are received, if so whether the case is filed in AFT, if so what the progress is. Such mails put up in the T SEWA Yahoo Mail group clutters the mail boxes of 1,469 members of this mail group. Neither they know the progress nor are they interested in the legal case. Why cannot you send your mail to the person who can give you the answer?

    The following persons deal with legal  cases in T SEWA: -


 

 

 

Type of Query

Name of Dealing Office Bearer

Mobile No

E-mail id

Receipt of Documents of petitioner

All India Coordinator of that case in which you are a petitioner.

For example AFT – 28: Incorrect Initial pay of Majors and equivalents as on Jan 1996; All India Coordinator is :

Maj PM Goswami

9177502777

majgoswami@yahoo.com

Inclusion of name of Petitioner in the legal case

Col Dr GB Sethi, General Secretary, T SEWA

9440859877

gb_sethi@yahoo.co.in  (gbunderscoresethi)

Receipt of legal fees

Lt Col G Parvathesam,Treasurer

9490941822

majgp@yahoo.com

State of Legal Case

T SEWA Blog

 

www.tsewa.org

Whether judgment is received or not

Brig SKS Rana, VSM, Head Legal Division

9810281035

rana.tsewa@gmail.com

 

   Even I do not know much about the legal cases.

  My humble request to all the petitioners is not to send your queries in T SEWA Yahoo Mail group but send to one of the four above Office bearers who deal with your query. This will reduce e-mail traffic considerably and I get less abuses.

Warm regards,

Brig CS Vidyasagar (Rtd)

040-48540895

9493191380

PROGRESS OA 789 / 2017 ( AFT 11 ) - BY Brig S K S Rana, VSM

  1. OA 789/2017 (AFT 11) Ex Sub Maj/Hony Lt Tshering Dadul Bhutia & Ors, regarding Hony Lts / Capts to get pension of Lt /Capt.
  2. On 30-05-2017, the case was heard in the Court. MA regarding impleadment of all other members in the case was allowed by the court.
    Since the notice issued by the petitioners, has not been not responded by them, the Court directed the respondents to dispose off the notice with a speaking order and intimation to all applicants by the competent authority within a period of four months.
  1. Though the Judgement on the OA 789/2017 (Copy att) was the fastest in favour of the applicants, however, the speaking order by the Def HQ is not. The case has therefore been discussed once again with the lawyer and it has been decided that the case be filed de novo.
  1. Terms for the new case as agreed right in the beginning will be as under:
    a) No legal fees to charged by the Advocate for the case.
    b) Only ₹ 25000.00 as administrative charges for filing the case afresh will be payable by TSEWA.
    c) All applicant members of the case are required to file the Vakalatnamas and the authorisation certs once again.
    d) These certs are to be obtained at the earliest and fwd to legal cell.
  1. All applicant members are requested to fwd the Vakalatnamas duly signed along with the authorisation cert to TSEWA HO at earliest.

PAYMENT OF SPECIAL PENSION TO FLEET RESERVISTS - SUPREME COURT ORDER DATED 27 OCT 2016

NAVY / PENSION

Payment of Special Pension to Fleet Reservists Supreme Court Order Dated 27 Oct 2016

Dear Veteran Sailors,

Consequent to the Honourable Supreme Court Order dated 27 Oct 2016 passed in Civil Appeal 2147/2011 and 8566/2014 for Grant of Special Pension Under Regulations 95 of Navy Pension Regulations 1964, there have been a lot of queries from affected veteran sailors.

As per the above Supreme Court Order, all Fleet Reservists who were in service prior to 03 Jul 1976 and discharged on or after 03 Jul 1976 were given Special Pension. Earlier, the litigants who were part of the above civil suits only were given Special Pension.

MOD vide their letter dated 26 Sep 2017 have now approved Special Pension to all affected veteran Sailors without the need for any fresh litigation. The conditions for grant of Special Pension are as given in the MOD letter dated 26 Sep 2017 which is appended below.

All affected Veteran Sailors who are eligible for Special Pension may please send their application to Navpen at the following address giving all relevant documents:

The Logistic Officer-in-Charge
Navy Pension Office
C/O INS Tanaji
Sion Trombay Road
Mankhrud
Mumbai- 400 088

Warm Regards,

Commodore Sudheer Parakala, IN (Retd)

Vice President & President East/South Zones
Tri Services Ex-Servicemen Welfare Association (T SEWA)
Mob: 9849057767

  images

BECOME MEMBER OF TSEWA & JOIN AFT CASES

Become a member of TSEWA and avail all the benefits to incl advice, information on the various activities undertaken, exchange of  ideas etc

Please download and print out the appropriate membership form given below.

TSEWA Membership Form – Veteran
TSEWA Membership Form – Family Pensioner

Kindly follow the instructions in the form, which are self explanatory. In case of any query, please call up on the tele/mob given at the top of the form.
Membership fee :  Rs 100 for Officers; Rs 50 for JCOs; Rs 30 for NCOs and Rs 20 for Sepoys.
No Fee  for Family pensioners.

Membership fee (plus donation, if any) is to be paid by  a multicity cheque or DD in favour of  “TSEWA”. For NEFT transfer, Acct No: 35088276014, State Bank of India, Bhaskar Rao Nagar Branch, IFSC SBIN0015568.

Please send the Application form along with a self attested copy of PPO & cheque or DD/ NEFT tfr receipt to:
Col Dr GB Sethi
Gen Secy,TSEWA
143 Vayupuri, Sainikpuri Post
Secunderabad-500094
Telangana

On receipt of documents, your TSEWA membership number will be intimated to you.


Forms Required to Join AFT Case

TSEWA Membership Form – Veterans

Legal Documents to be submitted – Veterans

Legal Documents to be submitted for BB case – Veterans

TSEWA Membership Form – Family Pensioners

Legal Documents to be submitted – Family Pensioners

Legal Documents to be submitted for BB case – Family pensioners

Copy of of PPO/Corr PPO

For All AFT Cases
Legal Fee as per rank be paid by Multicity cheque in favour of “TSEWA-AFT” .

For NEFT Transfer: A/c no 35238730663, IFS Code: SBIN0015568

LIST OF AFT CASES

Table of TSEWA AFT Cases

EXEMPTION OF PROPERTY TAX IN A.P & TELENGANA

Mail from Sgt S Narasimha Reddy:
Property Tax is a State Tax / subject.  Hence, Central Govt. can at the most advise the states to give Property Tax exemption to ESM, but cannot make any Rules or give exemption in Property Tax.
 
The GO MS No. 83 dated 15-3-1997 and GO MS No. 301 Dt. 27-12-2016, on Exemption of property tax in respect of Ex-servicemen and widows of Ex-Servicemen etc. is applicable to entire Telangana State. Of course GO MS No. 83 only is applicable to Andhra Pradesh also.
However, for getting exemption in Property Tax an individual ESM has to apply to their respective Muncipalities/gram panchayats for exemption in property tax, by submitting relevant documents as required by the respective Muncipality/Gram Panchayat.  If a Municipality or Gram Panchayat’s does not state the requirement of documents to be submitted, at least we have to submit a copy of proof of having the property in the name of ESM ( or even in the name of ESM’s spouse in the case of Telangana State) along with our application for exemption in Property Tax.
As per the rules no Property Tax can be collected and refusal to exempt an ESM amounts to illegal and forceful collection of the Tax.  If such a situation arises, ESM can file a case in a Court of Law and get relief.  But without an ESM applying for Property Tax exemption first, no Court can pass favourable orders in ESM favour.
( S NARASIMHA REDDY )
Ex-SGT, Cell No. 07382309902
MEMBER, TELANGANA –
EX-SERVICEMEN WELFARE ASSOCIATION,
REGN NO. 1316/2010,
ADDRESS : D.NO.11-20-45/401,
SAROOR NAGAR,HYDERABAD,
PIN 5000 035, TELANGANA STATE

AFT - 28 B ( SECOND BATCH ) IS OPEN

REGISTRATION FOR AFT 28 B IS OPEN ( INCORRECT PAY FIXATION OF MAJS & EQUIVALENTS IN JAN 1996 )

28 Sep 17

All India Coordinator - Gp Capt C R R Sastry, Retd, himself a petitioner.

E mail - sastry.crr@gmail.com

Mobile - 8374446108

Please contact him get the forms, duly fill them up & send it back to him on his postal address.

Advocate - Lt Col Ravi Chowdhary, Retd. A practising lawyer at AFT Chennai & Honourable High court , Hyderabad. Himself a petitioner.

The case will be filed in AFT, Chennai,circuit bench Secunderabad. As AFT Delhi is heavily loaded. 

To file the case in Secunderabad only the lead litigant has to be from A. P or Telengana state.

All other applicants can be from any other state.

LIST OF MEMBERS REGISTERD FOR AFT - 28 ( FIRST BATCH )

AFT CASES

List of TSEWA Nos Registered for AFT 28 (First Batch)

Dear Applicants for AFT 28.

To obviate individual queries on inclusion of your names in the case, the List of TSEWA Nos ( in random order) of Members who have regd with me, as co-petitioners in AFT case AFT 28 is given below, for your info and note please.

TSEWA NOS OF APPLICANTS REGD FOR AFT 28
LIST A1838407820093592349226561596023Maj AKC2574
1232212822573339460339030736252156373
2033662661783351340531853020592133513257
3405157612634086156L/C ISC6157625162886180
318345554726153331154213856542161541220
1220Total 51
LIST B2133157024333158339419533305450912284414
3060331229791583407931402742334041041985
33454524079364119853640347832552742452
35156294945385833103501386316836431952
19553972909120333442135306924621522384
480116772643S/L AKA38576577Total 56

Best wishes.

Major PM Goswami

TSEWA EXECUTIVE COMMITEE MEETING - 20 SEP 17

MINUTES OF TSEWA CORE  GP MEETING HELD AT 0900 HRS  ON 20 SEP 2017 AT 143,  VAYUPURI, SECUNDERABAD

The following members were present:-

  1. Brig CS Vidyasagar (Rtd)                   – President
  2. Cmde Sudheer Parakala (Rtd)          – Vice President & Member Charity Division
  3. Sgt Lawrence Joseph (Rtd)                – Vice President
  4. Col Dr GB Sethi (Rtd)                         – General Secretary
  5. Lt Col G Parvathesam (Rtd)               – Treasurer
  6. Gp Capt CRR Sastry (Rtd)                  – Joint Secretary
  7. H/ Capt B Joseph (Rtd)                       – Joint Secretary
  8. H/ Capt M Narasimha Reddy(Rtd)   – President, TSEWA Telangana
  9. Col MK Veeramani (Rtd)                    – Member & Head Charity Division
  10. Cdr SK Vasudeva Rao (Rtd)              – Legal Advisor & Member
  11. Lt Col N Ravi Chowdhary (Rtd)        – Legal Advisor & Member
  12. Lt Col Vijay Chandra Salins (Rtd)     – Administrator TSEWA Website
  13. Sqn Ldr Amitav Chatterjee (Rtd)      – President, TSEWA, Maharashtra
  14. Sub R Ranga Reddy (Rtd)                  – Member
  15. Lt Col Hari (Rtd)                                 – Member

Opening the discussion President welcomed all. He welcomed Sqn Ldr Amitav Chatterji (Rtd) the newly appointed President, TSEWA, Maharashtra and  introduced him  to all. He gave a brief account of all the good work being done by Sqn Ldr Amitav Chatterji. President was very confident that within one year Sqn Ldr Amitav will enroll at least 300 members from Maharashtra.  As per sequence of conduct of the Core Committee cum Executive Committee meeting, he requested General Secretary to give his points, followed by Treasurer. Then all members and finally President will give his points.

Points from General Secretary:

Membership : General Secretary informed that our membership has crossed 6700 as on date. He wanted all members to help in bringing more members, so that we achieve the target of 10,000 members.
Action to be taken by  all members.

AFT Cases: General Secretary informed that after final re – checking all the documents of Special Family Pension to single ladies who lost their husbands in service have been sent to Brig SKS Rana, VSM, Head Legal Division two days back.
General Secretary informed that for AFT 5 (Enhanced Rate of Ordinary Family Pension to wives of deceased JCOs and OR), 146 members have joined. Since most of the members are from Gujarat, Kerala, AP, Telengana, Karnataka, Tamil Nadu etc, Brig SKS Rana, VSM, is trying to get a Lead Litigant from or around Delhi.
General Secretary informed that all documents of Hony Nb Sub – 2 case and Col TS – 2 case are almost ready. He requested one member of the Core Committee to check the documents finally, before dispatching them to Brig SKS Rana VSM. After final checking three cases can be sent to Brig SKS Rana, VSM. President, Gp Capt Sastry and Lt Col Vijay Salins volunteered to check the documents soon.
General Secretary said that TSEWA has taken up AFT – 21 i.e While the Govt of India has given pensions of JCOs / OR at maximum of Fitment Table in SAI 1/S/2008 from Jul 2009 to Jun 2014 (five years), the arrears vide Circular 568 were paid at minimum of fitment table thereby depriving them of correct arrears. 93 members have already joined. By the time the documents are checked by Gp Capt Sastry and the Treasurer and by the time President makes the legal brief, we may be able to get 100 members.

For AFT 28: Incorrect fixation of pay of Majors. The initial pay of Majors from Jan 1996 was fixed at Rs 11600 vide SAI 1/S/1998 where as it should have been Rs 11,925 vide Govt of India, Min of Def letter dated 29 Feb 2000. We have got 106 members as petitioners in this case. Sqn Ldr SS Rawat initiated the case for which All India Coordinator is Maj PM Goswami. The case is closed and we are not accepting any more petitioners. The Legal brief is ready. We will be sending the documents to Brig SKS Rana, VSM, Head Legal Division of TSEWA for his final checks and then handing them over to one of the two advocates he selected at AFT Delhii.

Lt Col Ravi Chaudhary has floated an e mail on the same case to sensitize the environment with good intentions. Since this mail has caused some confusion in the TSEWA community and petitioners are approaching us with clarification, General Secretary requested that such mails in future be sent to the President first and he will float in the social media duly amending them.
Action to be taken by Brig SKS Rana VSM, President, Gp Capt CRR Sastry, Lt Col Vijay Salins, Treasurer & General Secretary.

TSEWA Blog: General Secretary said that he has already asked Mrs Rekha Sekhri to introduce Scrolling of  “ ESMs to join TSEWA and get benefits”.
Action to be taken by  Mrs Rekha Sekhri

Donation: General Secretary intimated that Col DD Pandey donated Rs 10,001/- to TSEWA for Charity.  General Secretary added that generous donor (from 40th NDA course) who does not want to be named has donated Rs 72,000/= for one year. He has committed that every year he will increase his donation by 50%. The positive gesture of Col Pandey and unknown donor (his particulars are known to President, General Secretary and Treasurer as per his wish) was appreciated by all. All thanked both of them.

Sending mails on Policy Matters: General Secretary wanted only President should send any e mail on any Policy matter to the environment and none else. This is for strict compliance. This is to ensure there is no contradiction if all of us start sending mails on policy matters. This was agreed by all.
Action to be taken by all concerned.

Awareness Camp at Chandigarh: Due to some un – avoidable circumstances, the Awareness camp planned to be held at  Chandigarh is cancelled. As and when an awareness camp is orgnaised in Punjab, Col Raghbir Singh, President, TSEWA, Punjab will inform all of the dates of holding such an Awareness camp. Tickets bought for President and Treasurer had to be cancelled. However the Villupuram awareness camp in Oct 2017 stands.
Action to be taken by  General Secretary, Treasurer, Cmde Sudheer  Parakala, Col MK Veeramai, Lt Col PN Krishnan, Col Jayaraj Naidu, W/O Thiru Chelvam 

Points from Treasurer

Treasurer confirmed that all the decisions taken during the Extra Ordinary General Body Meeting, about TSEWA accounting has been implemented. He has also completed the SOP on accounting. Now  Lt Col Dr  Bhaskara Reddy can carry out the internal audit any time.
Action to be taken by  Lt Col Dr Bhaskara Reddy, Treasurer

Only one Bank Account as against the Present  Four : During the Extra Ordinary General Body Meeting held in Sep 2017 and also during many meetings convened thereafter with our Chartered Accountant, this point was discussed. Then only it was decided that we should have four bank accounts for smooth functioning and also not to have any confusion at a very later date. On a suggestion from a few members, that we should have only one Bank Account, but many heads in our Books of Account (cash book) for ease of operation. On this Cmde Sudheer Parakala was asked to discuss this point with his Auditor friend, if required our Treasurer can meet Cmde Sudheer Parakala’s auditor friend and discuss this point.
Action to be taken by Cmde Sudheer Parakala,  Treasurer

Points from Cmde Sudheer Parakala 

Cmde Sudheer Parakala brought out that one of his friends Cmde KS Sandhu in Mumbai is prepared to help TSEWA in Mumbai. He has informed that around 1,000 ESMs are living near his area of Nerul. He is willing to talk to them and make them members of TSEWA, provided President, Cmde Sudheer Parakala, Sqn Ldr Amit Chatterji are prepared to go to Mumbai, organize an awareness campt at Mumbai. Cmde KS Sandhu is prepared to organize a meeting with the ESMs. Cmde KS Sandhu’s gesture was very well appreciated and as and when he organizes a meeting our team will go and do the needful in this regard.
Action to be taken by Cmde Sudheer Parakala, Sqn Ldr Amit Chatterji, President

Points from Col MK Veeramani 

No Legal Fees from Wives  of Deceased NCOs & OR of all the Three Services: Col Veeramani informed Brig Vinayak Ramnarayan, VSM, President, TSEWA, Central Zone, MP & Chattisgarh and Col Srikantha Seshadri, President, Karnataka forwarded a suggestion that TSEWA may consider to waive off legal fees of Rs 1,000 from wives of JCOs and OR as a kind gesture as some of them are unable to pay. The views of each of the Core Committee members were sought on this issue. The unanimous recommendation of the Core Committee was that TSEWA may exempt wives of deceased NCOs & OR from payment of legal fees in future.
At this juncture, the General Secretary informed that for AFT – 5 : Enhanced Rate of Ordinary Family pension to wives of deceased JCOs and OR, no legal fees is collected. Brig AK Srivastava, VSM at behest of Brig SKS Rana, VSM agreed to argue the case for gratis. However, TSEWA will pay Brig AK Srivastava, VSM, administrative cost of the legal fees.
This recommendation of Core Committee was put to vote to the Executive committee of seven members. All the seven members from the President to Joint Secretaries approved that TSEWA henceforth should not charge any legal fees from wives of deceased NCOs and OR of all three services.
The President further clarified that henceforth such requests from any members should be sent to Col MK Veeramani, Head of Charity Division as such acts come under charity. The Charity division will take appropriate decision within their financial powers. For any activity beyond the powers of Charity Division, it will be put up to the Executive Committee for approval.

Charitable Activities: Col MK Veeramani, Head Charity Division informed that he has sent an e – mail to all the TSEWA members who are having e – mail ids about recommending names of deserving cases both ESMs and civilians for financial help from TSEWA. He has given all the details how to go about, like the case done for Ms Sandhya and Ms Aishwarya with videos and documentary evidence. He has asked them to send the cases to the respective Zonal Presidents for further necessary.
He has also sent a detailed e mail to all the Zonal Presidents i.e District and State Presidents asking them also to recommend the deserving cases. He has also sent an SMS also to all the Zonal Presidents in this regard. He said that he has asked them to forward their detailed recommendations by end of October 2017 to the Charity Division for processing the case, so that the money is spent well before 31 Mar 2018. He said that he will also speak to the Zonal Presidents and State Presidents in this regard.
Action to be taken by Col Veeramani, Cmde Sudheer Parakala, Air Cmde GS Nijjar, all Zonal Presidents, State Presidents and all active members of TSEWA.

Point from Lt Col N Ravi Chaudhary 

Lt Col Ravi Chaudhary brought out a representation of wife of serving soldier from 17 Kumaon. He after availing his annual leave did not rejoin the unit. The lady is a tribal woman from Bhadrachalam dist of Telangana. The unit as per the laid down procedure declared him  a deserter by court of inquiry after 30 days of absence. She works in an Anganwadi in remote area of Bhadrachalam district of Telangana. She is paid measly pension of Rs 300 per month and has three children to bring up. He has requested to take up her case for which he needs a police report of missing. For this the lady has to file a FIR that her husband is missing. She is not getting any pension as the unit has declared her husband as a deserter and not a missing person. He has put in more than 15 years of service.
The President informed that we had employed Mrs Sarita whose husband was an Ex-Serviceman and went missing after some time. She lodged a police complaint and after getting Not traceable report from Police, she took it up with Records, EME Secunderabad for sanction of ordinary family penson. She now gets ordinary family pension as her husband is declared as missing.
The general consensus is that someone has to go to her place in Bhadrachalam and coax her to file a FIR of missing of husband. Once the police gives the Not traceable report, then we can make Records Kumaon to take up a case for sanction ordinary family pension by PCDA (Pensoin) Allahabad  to this tribal lady.
H/ Capt B Joseph, Joint Secretary, TSEWA volunteered to go to her place in Bhadrachalam dist and get the police Non Traceable report after he comes back from attending the awareness camp at AD Arty Centre, Gopalpur, Orissa. This kind gesture of Capt B Joseph was appreciated by all.

Financial Assistance to Wife of Missing Serving Soldier:The Executive committee was moved by the pathetic state of wife of a serving soldier who is missing since few years. They unanimously recommended for financial assistance to Charity Division to sanction Rs 5,000 within their powers to be given to Hony Capt B Joseph who can hand it over to the lady.
The Charity Division considered her condition and sanctioned Rs 5000/- which is the power of the Charity Division. This money will be taken by H/ Capt Joseph and will be handed over to her. A video of handing over the financial assistance in the presence of few of her relatives be taken as proof and also a receipt for audit purposes.
Action to be taken by H/ Capt Joseph, Charity Division, Treasurer, General Secretary, Lt Col Ravi Chaudhary.

Points from President 

Presentation on Effects of 7th CPC on Pre – 2016 Pensioners, Post – 2016 Pensioners, Disabled & War Injured Soldiers and Serving Soldiers: President gave a very detailed presentation with MS Power Point slides on the effects of 7thCPC. The Govt of India issued two letters on 04 Sep 2017 on disability pension for Pre – 2016 pensioners and Post – 2016 Pensioners and one letter dated 05 Sep 2017 on the Notional Pay Method of fixation of pension to Pre – 2016 pensioners. He explained both the methods of pension fixation of pre – 2016 pensioners with relevant examples i.e.

  1. 2.57 method.
  2. Notional pay method

Since he had already explained 2.57 method in an earlier presentation and all pre – 2016 pensioners are drawing pension w.e.f Jan 2016 which is OROP pension x 2.57, he will not dwell too much on that. Since most of the pensioners are not aware of what is the Notional Pay method he will make a detailed presentation on this method i.e. Notional Pay Method of pension fixation for Pre – 2016 pensioners. He stated if a soldier is retired in say 3rd CPC his pay at that time will be enhanced notionally as on Jan 1986 as if he is serving in 4th CPC. This will be repeated for 5th CPC and 6th CPC. Finally the notional pay in 7th CPC will be arrived at. In each of the intervening CPCs the notional pay = notional pay of previous CPC x Multiplication Factor of next CPC. He took the pay of Lt Col retired in 3rd CPC with three increments and showed how his notional pay in 4th CPC as on Jan 1996 was arrived by equating his pay of 3rd CPC with that of 4th CPC. In a similar manner his notional pay from 4th CPC to 5th CPC and from 5th CPC to 6th CPC with the help of data given in SAIs of the relevant CPCs.

He explained IOR, Multiplication factor as opted in 7th CPC etc in detail. He referred to  C & AG report published in Sep 2017 which said the banks have underpaid Rs 106 crores to about 21,435 pensioners in one month. The Reason for such underpayment as found out by C & AG are :-

a. Non Payment of correct pension.
b. Restoration of Commuted portion,
c. Wrong Revision of Disability Allowance.
d. Non Revision of Fixed Medical Allowance etc,

 The statistics of C & AG of one month indicates that in Armed Forces every second pensioner is not getting his correct pension from the banks. Therefore it is the responsibility of TSEWA to educate the ESM community of their correct pension.

He by his analysis of Govt of India letter dated 05 Sep 2017 argued that for pre – 2016 pensioners the Notional Pay method is beneficial.

He showed how Min of Def letter dated 05 Sep 2017 and Defence Pay Matrix 2016 gives rise to two major anomalies which results in retired solider getting less pension and serving soldiers getting less basic pay. The anomalies arise out of the way the Notional Pay method of pension fixation has been made for Defence services personnel.

(a) Anomaly No 1: Notional Pay Method of Pension Fixation of Pre – 2016 Pensioners.

(i)   The Govt of India took the pay of soldiers retired in 3rd CPC and worked out the Notional pay in 4th CPC by applying multiplication factor. The same was repeated for 5th CPC and 6th CPC. This method of notional pay is correct for civilians. But Armed Forces pensioners were sanctioned OROP by treating all of them as if they are notionally retired in Calendar year 2013. Therefore date of retirement of all Armed Forces pensioners is calendar year 2013. The Notional pay for Armed Forces pensioners is from 6th CPC (2013) to 7th CPC (2016) and not from 3rd CPC to 7th CPC.

(ii)   He gave a simple illustration of how Notional pay method for Armed Forces Pensioners is to be worked out as under:-

OROP Pension for Lt Col with 32 years and above – Rs 34,765 pm.
Pension w.e.f Jul 2014 = 0.50 x (Pay in Pay Band + Grade Pay + MSP of Rs 6000)
2 x pension = Pay in pay band + Grade pay + MSP
Matrix Pay         = Pay in Pay Band + Grade pay
=  (2 x Pension) – MSP of Rs 6000
=  (2 x 34765) – 6000
= Rs 63,530 pm
Matrix pay in Jan 2016 = 2.57 x 63530 = Rs 1,63,272 pm
Matrix pay in Def Pay Matrix for Lt Col with 32 years and above = Rs 1,67,700 pm
Notional Pay = Rs 167700+ MSP of Rs 15500 = Rs 1,83,200
Pension = 0.50 x 183200 = Rs 91,600 pm
Pension by 2.57 Method = Rs 24765 x 2.57 = Rs 89,346

Gain by Notional Pay Method = Rs 91600 – 89346 = Rs 2,254 pm

(iii)   He also showed how the Notional Pay method of pension fixation is beneficial for all ranks.

(iv)   Notional Pay method for post – 2013 soldiers is definitely better.

(v)   Gp Capt CRR Sastry, Joint Secretary concurred with this argument. He stated that Govt of India, Ministry of Defence gave pensions based on calendar year 2013 and for Notional pay method they are taking Jan 2006 which is totally illogical and incorrect. He agreed to study this issue along with Lt Col N Ravi Chowdhary, advocate of TSEWA in AFT Chennai and Circuit bench Secunderabad.

(vi)   Once Gp Capt CRR Sastry and Lt Col N Ravi Chowdhary inform that it is a fit case to be filed in Circuit bench,Secunderabad, then environment will  be informed and those convinced of this argument can join the legal case of TSEWA.

(b)    Anomaly No 2. Entry Pay Method of Pay Fixation in Def Pay Matrix Pay 2016.

(i)    The President in his presentation explained what is entry pay adopted by 7th CPC and how it is not applicable to Armed Forces personnel. The Entry pay for Civilians is based on residency period between direct recruits and departmental promotes. The Direct recruits through UPSC gets advantage over the departmental promotes who take five to six years to reach the cadre of direct recruits. The Entry pay is based on the residential period departmental promote to serve before he is equated with Direct recruit.
(ii)   In Armed Forces there is no system of departmental promotes. To become an officer even JCOs to OR have to face Service Selection Boards, medical tests by Military / Command Hospitals, undergoing officer training in OTA and join the unit in the lowest officer rank of Lt.
(iii)  Promotion system in Armed Forces by promotion  is passing promotion examinations Part A to Part D. Unless the officers pass these promotion examinations they are not promoted to time scale ranks of Capt, Maj and Lt Col.
(iv) Unlike in civil service, every officer does not become a Colonel. Only those cleared for promotion by duly constituted selection boards get promoted as Colonel after being cleared by Military Hospital as fit for promotion. There is no residency period to become Col from rank of Lt Col. All Lt Cols do not become Cols. Similarly all Cols do not get promoted to rank of Brig and this goes on right upto Army Cdr. Therefore the concept of residency period adopted for Armed Forces officers is illogical and untenable.
(v) The Entry pay for three ranks of Lt, Brig and Lt Gen has  been taken as Minimum pay of these ranks in 6th CPC as given in SAI 2/S/2008 which is the correct method. The Matrix pay in Def pay matrix is = Minimum pay in 6thCPC x IOR.
(vi) The Entry pay for ranks from Capt to Colonel and Maj Gen is lesser than minimum pay in SAI 2/S/2008. These officers are likely to suffer reduced basic pay ranging between  Rs 5,000 to Rs 11,500 depending upon the rank and length of service w.e.f Jan 2016.
(vii)  In the case of Defence Service Officers, the Entry pay should be Minimum pay of the rank as given in SAI 2/S/2008 as was done for Lts, Brigs and Lt Gens.

(c)    The MS PP slides of the presentation have been uploaded on the TSEWA blog. Members of TSEWA are requested to go through these slides and point out any arithmetical mistakes to Brig CS Vidyasagar (Rtd) at his e-mail id: csvidyasagar@gmail.com.

There being no other points, President thanked all and the meeting was declared as closed

Brig CS Vidyasagar (Rtd)
President, TSEWA

22 Sep 2017

 

INCORRECT PAY FIXATION OF MAJORS IN JAN 19996 & CONSEQUENT LOSS OF PAY & PENSION. AFT 28 & 28B

1.    Sqn Ldr SS Rawat (Rtd) was the first officer to bring to my notice that initial pay of Maj / Lt Cdr / Sqn Ldr was fixed at Rs 11,600 in 5th CPC w.e.f. Jan 1996 where as that of equivalents in civil service were fixed at Rs 11,925. The Majs therefore were deprived of one increment of Rs 325 per month + DR.

2.  After protracted correspondence and legal battles, finally Govt of India dominated by low level babus issued a letter dated 29 Feb 2000 that initial pay of Majs will be raised to Rs 11,925 but in the pay scale of Rs 11600 – 325 - 14525. But they played a mischief as under:-

(a)  The benefit of initial pay of Rs 11,925 is to be given only from date of issue of letter i.e. 29 Feb 2000. The implication is all those Majors / Lt Cdrs / Sqn Ldr who were in service from Jan 1996 to 28 Feb 2000 were not fixed their initial pay at Rs 11925 and were not given three to four increments depending date of promotion from Jan 1996.

(b)  The Min of Def though agreed to amend the pay scale SAI 1/S/1998 and equivalent SNI  / SAFI did not amend it deliberately. The consequence of this is that the lower pay of Rs 11,600 continued in the SAI and in 6th CPC the multiplication factor was not applied on Rs 11,925 but on lesser figure of Rs 11,600. Therefore the Majors suffered to draw lesser basic pay from Jan 2006 to Dec 2013.

(c)  In OROP from Jul 2014, the Majors / Lt Cdrs / Sqn Ldrs were again fixed lower pension as pay in Jan 2006 was not revised based on initial pay of Rs 11,925 w.e.f Jan 1996 and Jan 2006.

(d)  Again the story is repeated in pension of such Majors /Lt Cdrs / Sqn Ldrs in Dec 2015 as their pension is lesser.

(e)  The serving Majors / Lt Cdrs / Sqn Ldrs and equivalents are fixed lesser basic pay in Defence Pay Matrix. As per my calculations serving Majors will get Rs 11,500 lesser pay w.e.f. Jan 2016 for next seven year till they become Lt Cols / Cdrs / Wg Cdrs.

(f) All the retired officers who might have retired even as Army Cdrs now will get arrears of pay of Major / Lt Cdr / Sqn Ldr for the period Jan 1996 to Dec 2005.

(g)  All the Majors who are pre – 1996 are also paid less pension from Jan 1996 to till date and also in the future till the SAI 1/S/1998 is amended.

3.   With persistent request of Sqn Ldr SS Rawat, T SEWA after carrying  out brain storming session to see feasibility of this case and after being satisfied that this is a winnable case, decided to file it in AFT Delhi. 110 Majors to Brigs joined the legal case titled AFT – 28: Incorrect initial pay fixation of Majors and their equivalents in two other services w.e.f Jan 1996. The legal case is closed as we have reached the century mark of petitioners.

4.  It is seen the implications of analysis of Sqn Ldr SS Rawat are not understood by many officers even today. Unless the pay scale of Rs 11,600 is amended to read as Rs 11,925 w.e.f Jan 1996, they will continue to suffer for times immemorial.

5.   T SEWA is willing to open AFT – 28 B i.e. second batch of AFT – 28 for which All India Coordinator is Gp Capt CRR Sastry (Rtd) (sastry.crr@gmail.com ; mob no: 8374446108who himself is a petitioner. He will send you legal documents for you to fill them up and sent them back to him by post at his given address.

6.  The advocate for this case is Lt Col N Ravi Chowdhary (Rtd) who is a practicing advocate in hon’ble AFT Chennai and hon’ble Hyderabad High Court and also a petitioner in this case. The case will be filed in Circuit bench Secunderabad of AFT Chennai. The Chief justice of Principal bench of AFT on his visit to Secunderabad few days back in Sep 2017 confirmed that petitioner of any state can file a case in Circuit bench Secunderabad  but the lead litigant has to be from the states of Telangana and Andhra Pradesh. Therefore wherever such affected officers are located in India and abroad can join T SEWA and avail this opportunity.

7.   AFT Delhi and AFT Chandigarh are heavily loaded hence there is unacceptable delays. The Circuit bench Secunderabad is comparatively less loaded and we are sure to get judgment in three to four months’ time. You can celebrate your new year 2018 with lots of arrears when T SEWA wins the case.

8.   You are requested to inform the following category of officers to understand the following implications:-

(a) All those Majors in Jan 1996 will get arrears of pay from Jan 1996 to 29 Feb 2000 which was deprived to them. It is similar to rank pay case.

(b)  All the officers who were in the rank of Major till they retired will get  higher pay in 6th CPC, OROP, Dec 2015 and on Jan 2016 due to revision of basic pay to Rs 11,925.

(c)  All officers who got promoted to higher ranks also will get arrears of pay as Major in the period Jan 1996 to 28 Feb 2000.

(d)  All pre – 1996 Majors who retired as pensioners will also get arrears of pension from Jan 1996 to present date i.e. till Govt of India issues orders once T SEWA wins the case in Circuit bench Secunderabad of AFT  Chennai.

(e)  All serving Majors / Lt Cdrs / Sqn Ldrs. are likely to draw less pay of  approximately Rs 11,500 pm + DR w.e.f Jan 2016. They can join legal case of T SEWA but will not be admitted as member of T SEWA. They are required to firstly apply to their Service HQ to get their pay enhanced by fixing the initial pay of Major at Rs 11,925 w.e.f. Jan 1996 and fix their enhanced pay from Jan 2016 and pay arrears from that date and in case it is not possible they be given permission to approach AFT. After obtaining approval from their respective organizations, they can come to T SEWA to become a petitioner (but will not be given membership of T SEWA. Once their request is rejected (as expected) they can furnish the rejection of their appeal  and then become a petitioners in AFT 28 – B of T SEWA. But they are required to furnish the sanction to approach AFT to get their grievance redressed to T SEWA.

9.     Gp Capt CRR Sastry and Lt Col N Ravi Chwodhary have got responses from CDA (AF) Delhi and PCDA (O) Pune who admitted that SAI 1/S/1998 of 5th CPC /SAFI were never amended. The case is strong and all petitioners can sure to win this case. Needless to mention they will get huge amount of arrears.

10.   Kindly circulate this mail in all your mail groups of which you are a member so that maximum number of officers who are drawing less pension and those who lost out on arrears of pay get the benefit.

11.  T SEWA does not approach AFTs unless we have strong grounds to contest and are sure to win the case.  

Warm regards,

Brig CS Vidyasagar (Rtd)

040-48540895

TSEWA WINS BB 2 CASE IN AFT: OA 1677/2016 SEPTEMBER 1, 2017

TSEWA is delighted to announce the good news  that it has won OA 1677/2016 (Broad Banding 2). AFT Delhi was pleased to grant prayer of TSEWA to give benefit of broad banding to all pre-2006 disabled soldiers. The judgment was delivered on 30 Aug 2017 with the instructions that arrears for three years from date of filing of case in AFT Delhi shall be paid to the petitioners in the legal case OA 1677/2016 (BB 2).

If you wish to check whether you are included in this case as a litigant, please check in the Memo of Parties ( List of litigants) of  OA 1677/2016 (BB 2) given below. Please click on the hyperlink and the list will be downloaded.

OA 1677/2016 (BB 2) MEMO OF PARTIES

OA 1677/2016 (BB 2) - Memo of Parties - September 2, 2017

The Memo of Parties (list of litigants) of OA 1677/2016 (BB 2) which was filed by TSEWA and judgement awarded in favour of plaintiffs on 30-08-2017 is given below. Please click on the hyperlink and the list will be downloaded.

OA 1677/2016 (BB 2) MEMO OF PARTIES

AFT CASES - Further action on OA – 1677/2016 (BB 2) - September 2, 2017 - Brig Vidyasagar

Brig SKS Rana, VSM, Head Legal Division TSEWA informed me that due to heavy work load, the AFT Delhi will give certified copy of judgment delivered on 30 Aug 2017 in our favour  in BB – 2 (OA – 1677/2016) after about week or 10 days.

Once the certified copy comes it will be put up in our TSEWA Blog. All are required to see the TSEWA Blog (www.tsewa.org) and not to keep sending reminders to me or to HQ TSEWA.

Regarding further action, our advocate Brig Anil Srivastava, VSM may send a copy of court judgment as and when received to all Service HQs and Record Officers of the JCOs /OR requesting them to release arrears as specified in the judgment otherwise penal interest will be levied.

The whole process of getting approval from Army HQ, PS Directorate, issue of Corr PPO by PCDA (Pensions) Allahabad for arrears and new disability element as per Broad Banding policy will take anytime between 3 months to 9 months.

Please do not send reminders that you have not got arrears. Any work in Army HQ takes time as they have to get financial concurrence from Min of Def (Fin ) for payment of huge arrears which as per my rough estimate for 153 petitioners will be around Rs 10 crores or even may be more.

The duty of TSEWA is over once we put up a copy of judgment in our TSEWA Blog. Rest of the work to get arrears has to be done by individual petitioner as TSEWA has no locus standi in this case.

I will request Brig Vinayak Ramnarayan, VSM to put in a word to Lt Gen Milan Naidu former VCOAS and one of the petitioners to use his influence to get sanction from ADGPS at the earliest for all 153 petitioners.

Warm regards,

Brig CS Vidyasagar (Rtd)

TSEWA Blog – Another milestone - September 6, 2017 - Brig Vidyasagar

Dear Members of TSEWA,

We are extremely happy to announce that TSEWA Blog has achieved a remarkable milestone of getting 3 lakh hits in less than one year. This is due to extreme hard work, utmost devotion and unmatched dedication put in by Smt Rekha Sekhri (wife of Lt Col Raj Sekhri, Gorkhas and SS – 1 Course) who designed the blog, got it uploaded and is administering flawlessly. Under her dynamic leadership, the TSEWA Blog has become very popular as it is user friendly. Without any computer knowledge one can get maximum benefit from the Blog. URL is www. tsewa.org. It is open to all. No need to register get user id and pass word. Just type the URL and visit the TSEWA blog.

TSEWA Blog has become Encyclopaedia Britannica for ESM issues. You want anything, it is put up next day.

There is need to curtail e-mail traffic. It wastes lot of time of office bearers of TSEWA. I have few suggestions to this end.

We need to make TSEWA Blog as the single window for all queries and information pertaining to veterans & single ladies and all activities of TSEWA shall be put up. As you know TSEWA Blog is open to all (including civilians).

For Brig SKS Rana, VSM, Head Legal Divison only: Kindly put up all issues of legal cases in TSEWA Blog. The issues are (a) Final list of memo of parties of each legal case (b) Fortnightly progress of status of legal cases filed in AFT Delhi (c) Judgment as and when received (d) Action to be taken by petitioner in case his legal documents are not in order (e) Any shortcoming or mistakes notices and advisory to the petitioners (f) Any other issue of interest to the veteran community on any subject dealt by TSEWA.

For Col Dr GB Sethi, General Secretary only: (a) Membership No given to the new members on fortnightly basis (b) Serial no of memo of parties of petitioner when he forwards his legal documents as and when received from All India Coordinator (c) Intimation regarding despatch of legal documents to Brig SKS Rana, VSM (d) Membership data base to show only membership no, rank, name (other details like mobile no and e-mail id be not shown as these may cause nuisance to members from unwanted callers if these are given out) (e) Issues connected with Annual or Extra Ordinary General Body meeting (f) Any other issue of TSEWA considered appropriate for dissemination to all.

Presidents of Zones, States and Districts only: Any achievement such as getting correct pension, getting arrears, letters written to CPPCs, Record Offices, Service HQs etc.

For Lt Col Latif Vadakkayil and JWO Milan Das:  Your achievements have become legendary. You two are the most sought after personnel in TSEWA. All your achievements with particulars of beneficiaries be sent to Smt Rekha Sekhri for putting up in  TSEWA Blog.

President only: (a) All clarification on any doubt or issue pertaining to the veteran community (b) Latest letters received from Govt of India affecting pay and arrears (like letters of Min of Def (ESW) dated 4 Sep and 5 Sep 2017) (c) Working out of arrears of legal cases on receipt of copy of judgment of AFT (d) Recommendations submitted to any organisation on pensions and arrears (e) Sensitising environment of possible legal case likely to be filled in AFTs once the same is cleared by our advocates (f) Legal brief to be submitted to Brig SKS Rana, VSM to seek legal opinion from our two advocates of AFT Delhi whether the proposed case is sustainable (g) Minutes of meeting of Core Committee cum Executive Committee meeting held bi-monthly on every First and Third Wednesday (h) Visit report on Awareness camps held anywhere in India (j) Commendation received from beneficiaries who received some benefit due to intervention of TSEWA (k) All actions on grievances projected by veterans and single ladies undertaken by TSEWA with services HQ, CGDA, PSAs, CPPCs of Banks, Record Offices etc (l) Advisories from time to time on actions to be taken by veterans and family pensioners such as linking Aadhaar card with bank account or linking of PAN card no with Aadhaar etc (m) Procedure to get date of birth of spouse endorsed in Corr PPO (n) Procedure to get dependent pension to unmarried  / divorced / widowed daughter or handicapped child. The list is endless.

Henceforth I will not be giving any clarification or take any action if I get a request through e-mail, SMS, Facebook post , Whatsapp chat. All those who seek my explanation or clarification are requested to kindly put up your request in TSEWA Blog and I will immediately give reply. Similarly if I receive any request or seek clarification, I shall put up the same in TSEWA Blog.

All members are requested to popularize TSEWA Blog so that by end of financial year 2018 – 19 we shall have one million hits. The way our TSEWA Blog is becoming so popular, this target is not big.

Warm regards,

Brig CS Vidyasagar (Rtd)

040-48540895

Closure of Regn & Update for AFT 28 (5CPC Anomaly on Pay Scale of Majors& Equivalents etc)

AFT 28 (5CPC Anomaly on Pay Scale of Majors& Equivalents etc)

This update is to inform all applicants and members that  registration for the AFT case 28 (as described above) is now closed. as on 8 Sep 2017. The total number of applicants who