Tuesday, 5 April 2016

Ex-Servicemen and Family Pensioners to get justice from courts of law: TSEWA

TSEWA received large number of requests from Ex-Servicemen and Family Pensioners to get justice from courts of law.
Ex-Servicemen and Family Pensioners to get justice from courts of law

Dear Ladies & Gentlemen,

1.TSEWA received large number of requests from Ex-Servicemen and Family Pensioners to get justice from courts of law. Each of these requests have been analysed and brought under various legal cases. Brig SKS Rana, VSM, President, North and Central Zones discussed each case with our legal counsel and have been accepted by the latter to defend them in the AFT Delhi in next two months’ time. The legal cases can only be filed in AFT Delhi if adequate number of litigants join these cases as legal fees charged by our defence counsel is dependent upon the number of litigants. Higher the number less is the legal fees. Each of these cases is explained in detail for you to decide to join the legal case if you fall in any of these legal cases.


Legal Cases Already Filed by TSEWA in AFT Delhi

2.AFT – 1: Fixation of Correct Pension in respect to pre – 2006 Officers by Including their Increments. This case is filed in AFT Delhi and has been given case no : OA -34 of 2016. Respondents i.e. Govt of India and PCDAs have been served noticed by hon’ble AFT. Hearings will commence soon and it is hoped by next five or six hearing the case will be closed hopefully in our favour as similar case has been disposed off in favour of 53 Maj Gens & equivalents by AFT Chandigarh in 2015. These Maj Gens are drawing more than Rs 30350 as pension and corresponding to their number of increments drawn in the rank of Maj Gen. At this belated stage it may not be possible to include any late comer as impleader. However you are requested to speak to Brig SKS Rana, VSM (mob no: 9810281035) and find out whether he will accept you at this stage as Impleader.

3.AFT – 2 (a): Broad Banding Beneift to be given Disabled Soldiers. This case is already filed in AFT Delhi and is given case no: OA – 166/2016. This is for getting broad banding benefit (50%, 75% and 100%) to all disabled soldiers who are in receipt of lower disability percentages (20 to 49%). If you are a disabled soldier and want to join at this belated stage, then please find out the possibility of your being included at this belated stage from Brig SKS Rana, VSM.

4.AFT – 2(b)Broad Banding Benefit to be given to Disabled Soldiers who are not given any Disablity Element. Many disabled soldiers were not given any disability element thought they are disabled on the ground they are NA –NA or they got PMR. Case No: OA – 168/2016. Progress is similar to OA – 34/2016. If you are a disabled soldier and want to join at this belated stage, then please find out the possibility from Brig SKS Rana, VSM.

Cases in Advanced Stage and Ready to be Filed in AFT Delhi

5.AFT – 3: Pension of Col (TS) to all pre- Dec 2004 Lt Cols (TS/SG). We are in the advanced stage of filing this case in AFT Delhi. All India Co-ordinator is Lt Col KP Radhakrishnan (mob No: 9448350925). Those LtCols (TS/SG) who put in 26 years’ commissioned service and getting pension of Lt Col are advised to contact All India Co-Ordinator for inclusion in this legal case. In case you join once the case is filed in AFT Delhi then you are required to pay more money as Impleader.

6.AFT – 4: Quashing of 33 Year Rule: Pre – 2006 All ranks get lesser pension unless they put in 33 years’ Qualifying Service to get Full Pension. Since this rule of 33 years has been quashed by hon’ble Supreme Court and High Court of Punjab & Haryana, Chandigarh, we are in final stage of filing this case in AFT Delhi. Large number of all ranks including family pensioners have joined this case.

AFT 4 (a). is for Officers and All India Co-Ordinator is Col Ajit Singh Rana (mob No: 9650804787).

AFT 4(b). is for JCO and OR and All India Co-Ordinator is Col N Sitaramaiah (mob no: 9441282198). If any Officer or JCO/OR or even single ladies are interested to join this legal case, you are advised to contact one of the two All India Co-Ordinators.

7.AFT – 5: Getting Pension of Higher Honorary Rank to JCOs and OR. Pre – 2006 JCOs and OR who are awarded honorary ranks are not given pension of their higher and honorary ranks.

(a) AFT 5 (a). AFTs Kochi and Chennai have given judgment that those pre – 2006 Hony Nb Subs are eligible to get pension of Nb Sub like their counterparts of post – 2006. PCDA (Pensions) Allahabad have paid pension w.e.f Jan 2006 with huge arrears. If any pre – 2006 Hony Nb Sub is willing to join please contact Col N Sitaramaiah (mob no: 9441282198).

(b) AFT 5(b). Those Hony Subs who want to join the case to get pension of Sub are required to contact Col N Sitaramaiah (mob No: 9441282198).

(c)AFT 5(c). Those Hony Sub Majs who want to join the case to get pension of Sub Maj are required to contact Col N Sitaramaiah (mob No: 9441282198).

(d)AFT 5(d). Those Hony Lts and Hony Capts who are on reserve list and do not get pension of Hony Lt and Hony Capts are required to contact Col N Sitaramaiah (mob no: 9441282198).

8.AFT 6. Majors to get Pension of Lt Col.

(a) AFT 6(a) Pre – 1996 Majors with 21 Years’ Commissioned Service to get Pension of Lt Col with Rank Pay of Maj. All those who desire to join this case are required to contact Maj PM Goswami, All India Co-Ordinator (mob no: 9177502777).

(b) AFT 6(b): Pre 16 Dec 2004 Majors with 20 Years’ Qualifying Service to get Pension of Lt Col. All those officers with qualifying service of 20 years including OR service or any other Govt service in addition to Service in Armed Forces are eligible to join this legal case. This will benefit officers from ACC, SL, SCOs, RCOs, Branch Commissioned Officers of IAF and SD List Officers of Navy. Please contact Maj PM Goswami, All India Co-Ordinator (mob no: 9177202777).

(c) AFT 6(c): Pre 16 Dec 2004 Capts with Commissioned Service of 6 to 13 Years and not getting Pension of Major. All the pre – 16 Dec 2004 Capts who put in commissioned service of 13 years and completed pensionable qualifying service of 20 years are eligible to join this legal case. Please contact Maj PM Goswami, All India Co-Ordinator (mob no: 9177202777).

9. AFT – 7 Pre – 2006 NCOs and Family Pensioners who are not Getting Benefit of ACP. As you know all post – 2006 NCOs who put in service ranging between 15 to 24 years are getting benefit of Assured Career Progression (ACP). A post – 2006 Sepoy after 8 years’ service and not promoted gets pay of Naik but his rank remains of Sepoy. A Sepoy who puts in 16 years’ service gets pay of Havildar but his rank remains of Sepoy. A Sepoy who puts in 24 years’ service gets pay of Nb Sub but his rank is of Sepoy. Similarly Naik gets two promotions for pay and Havildar gets one promotion for pay. AEC Havildars get three promotions for pay and similarly RT JCOs get two promotions for pay. These can be called NFFU for JCOs and OR. When they retire they draw pension of higher ranks known as ACP ranks. Even Circular 555 at para 11 Note (c) has stated this and allowed higher pension to post – 2006 JCOs and OR of their ACP rank. All post – 2006 Sepoys get pension of Havildar. But this benefit has been denied to pre – 2006 NCOs. This will have largest number of litigants who are pre – 2006 JCOs, OR and Family pensioner (if pension of deceased husband goes up their own ordinary family pension also goes up)

We need an All India Coordinator preferably an officer who can disseminate this legal case to the environment, send membership forms, vakalatnamas, certificate, collect these documents from litigants & legal fees, maintain their data base and forward all these to HQ TSEWA. I therefore request any officer or JCO to volunteer for this noble task. All support required for this job will be given by TSEWA.

10. AFT-8: 10 Month Rule Quashed for all Pre – 2006 All Ranks. Hon’ble Supreme Court quashed 10 month rule for all pre – 2006 All ranks to get pension of the last rank. If any soldiers of any rank retired with less than 10 month service he is given pension of lower rank which he or she held for 10 months. For example a Hav who was promoted as Nb Sub could only hold the rank of Nb Sub for less than 10 months. Though he was promoted as Nb Sub his pension will be fixed in the rank of Havildar. But Hon’ble Supreme Court quashed this 10 month rule for pre – 2006 pensioners. Any such soldiers of any rank who suffer less pension because of 10 month stipulation in last rank is eligible to join this case.

We need an All India Coordinator preferably an officer who can disseminate this legal case to the environment, send membership forms, vakalatnamas, certificate, collect these documents from litigants & legal fees, maintain their data base and forward all these to HQ TSEWA. I therefore request any officer to volunteer for this noble task. All support required for this job will be given by TSEWA.

11. AFT – 9: Family Pensioners of Sepoy to Havildar of Y Group of Pre – 2006 Vintage. Circular 547 has enhanced pensions of JCOs and OR as on Jan 2006. Pension arrears from Jan 2006 to 30 Jun 2009 have been paid to large number of JCOs and OR (there are some who have not yet received their pension arrears and TSEWA is liaising with banks to expedite the payment of this arrears). But Family Pensioners of Sepoy to Hav of Group Y have not been given any increase in pension (remains at Rs 3500 in Circular 397 and also in Circular 547) hence they do not get any pension arrears. This is against principle of Natural justice.

An Ex-Servicemen of rank of Sepoy of Y group was given increase in pension of Rs 388 ( Rs 3883 in Circular 547 – Rs 3500 in Circular 397). He has a job and earns anywhere between Rs 10,000 to Rs 40,000. He looks after his family and his wife does not have to run around. Contrast this with a widow (family pensioner) who lost her husband, who is illiterate, who does not have any job and has two to three children to support who needs pension arrears than an Ex-Servicemen. The PCDA (Pensions) Allahabad simply calculate pension at 50% of sum of (minimum pay in pay band + grade pay + MSP) for a Sepoy and 60% of that given to widow comes much below Rs 3500. Therefore on principle of Natural Justice and Equity TSEWA wants to file a case in AFT Delhi. All family pensioners of Sepoy to Havildar of Group Y are eligible to join this case. Legal fees is kept at Rs 1000 and some of them who cannot even pay this shall be reimbursed by TSEWA form its reserves.

We need an All India Cordinator preferably an officer who can disseminate this legal case to the environment, send membership forms, vakalatnamas, certificate, collect these documents from litigants & legal fees, maintain their data base and forward all these to HQ TSEWA. I therefore request any officer to volunteer for this noble task. All support required for this job will be given by TSEWA.

12. AFT – 10: Pension of Reservist to be Enhanced to that of Soldier. This is a legacy of Britishers who used their Indian subjects when their services were required and then thrown them out mercilessly without any pension. Reservist is that soldier who had colour service of 9 years and reserve liability of 6 years. This was in vogue till early 1970s. When a soldier completed his colour service of 9 years he was discharged though he was physically fit and wanted to continue in service. When his services were required Govt of India requisitioned his services for operational requirements such as fighting in wars in 1947 -48, 1962, 1965 and 1971. If such soldiers could serve for 10 years then they were given reservist pension which is lower than that of a soldier. Every pension increase in not made applicable to them. Even OROP is not applicable to reservists. Please see para 4.2 of Circular 555. This happens only because of accountant mentality in PSAs and low level babus in Ministry of Defence who have no empathy towards soldiers.

The reservists are few in numbers and they are in age group of 70 and above. TSEWA will file a case in AFT Delhi on principle of Natural justice and Equity to get them pension of Soldier of 15 years’ service of Group Y.
We need an All India Coordinator preferably an officer who can disseminate this legal case to the environment, send membership forms, vakalatnamas, certificate, collect these documents from litigants & legal fees, maintain their data base and forward all these to HQ TSEWA. I therefore request any officer to volunteer for this noble task. All support required for this job will be given by TSEWA.

13. Legal Fees. Tentatively the legal fees is fixed as under (which can be reduced further if adequate number of litigants join ):-

(a) Officers – Rs 5,000 for each case.
(b) Hony Lts and Capts – Rs 3,500 for each case.
(c) JCOs – Rs 3,000 for each case.
(d) NCOs – Rs 2,500 for each case.
(e) Single Ladies of Officers – Rs 3,000 for each case
(f) Single Ladies of JCOs & OR – Rs 1,000 (could be reduced further)

14. You are therefore requested to disseminate contents of this mail through your mail groups so that those who are denied of justice can get it through TSEWA by filing a joint petition in AFT Delhi to cut down costs of legal fees. I have been informed that even for simple cases advocates in AFT charge even a Sepoy sum of Rs 50,000 to Rs 1 Lakh which most of the Sepoys and Family pensioners can ill afford.

15. Your support and co-operation to help those who need our empathy is highly appreciated. I am available at all times to clarify any doubt you may have on these legal cases. Or you can speak to Brig SKS Rana, VSM (mob no: 9810281035) or Col Dr GB Sethi, General Secretary (mob no: 9440859877) and get clarifications as they are fully in picture.

Regards,

Brig CS Vidyasagar (Rtd)
9493191380

Source: https://drive.google.com/file/d/0B6dPDMDhbmaCenhadURLSExBLVJ4Y212cTRCSGpUOGxLWWdj/view?pref=2&pli=1

SOURCE - staffnews.

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