MINUTES OF TSEWA CORE COMMITTEE FOLLOWED BY EXECUTIVE COMMITTEE MEETING HELD AT 0900 HRS ON 03 NOV 2017 AT 143 VAYUPURI SECUNDERABAD
1. The following members were present.
- Brig CS Vidyasagar (Rtd) – President
- Cmde Sudheer Parakala (Rtd) – Vice President & Member Charity Division
- Col Dr GB Sethi (Rtd) – General Secretary
- Lt Col G Parvathesam (Rtd) – Treasurer
- Gp Capt CRR Sastry (Rtd) – Joint Secretary
- H/ Capt M Narasimha Reddy(Rtd) – President, TSEWA Telangana
- Air Cmde GS Nijjar (Rtd) – All India Co-ordinator & Member Charity Division
- Cdr SK Vasudeva Rao (Rtd) – Legal Advisor & Member
- Lt Col N Ravi Chowdhary (Rtd) – Legal Advisor & Member
- Lt Col (Dr) K Bhaskar Reddy (Rtd) – Member& Medical Advisor
- Lt Col (Dr) Sampath Kumar (Rtd) – Member
- Lt Col Ramana Reddy (Rtd) – Media Advisor & Member
- Lt Col Srihari (Rtd) – Member
- Col MJ Ganapathi (Rtd) – Member
- Wg Cdr Ravishankar Iyer (Rtd) – Member
- Cdr Sudhir Dua (Rtd) – All India Coordinator AFT 29 & Member
2. At the outset, the President welcomed all the Members for attending the meeting and extended a special welcome to Wg Cdr Sudhir Dua, All India Coordinator for AFT-29 from Navi Mumbai and Wg Cdr Ravishankar Iyer from Chennai who came to brief the Core Committee and the Executive Committee on Database Management. The President stressed the need to be very accurate with the data in Memo of Parties submitted to the AFT Delhi as any mistakes in Ranks, Personal Numbers and spelling mistakes in names would result in denial of dues to the individuals whenever the judgement is given in favour of the litigants. He thereafter requested Cdr Sudhir Dua and Wg Cdr Ravishankar Iyer to introduce themselves.
3. Cdr Sudhir Dua thanked the President for reposing trust in him and appointing him as the All India Coordinator for AFT-29: Incorrect fixation of Pension by Notional Pay Method for Pre – 2013 Armed Forces Pensioners. He gave a brief resume of his experience in his commissioned service in the Navy including his experience in managing large database of the Nuclear Submarine project. He also shared his experience in management of the data from AFT 29 applicants and stressed the need for optimisation of time and resources. He also explained the methodology followed by him by creating Broadcast Groups on WhatsApp for effective and accurate management of data. He regretted that he would not be able to continue as All India Coordinator for AFT 29 – B due to his own corporate commitments though he would have loved to continue. He suggested that Col Rajesh Taneja from Delhi or Col Malik from Varanasi be made Coordinator for AFT 29 – B since they have helped him in AFT 29 – A.
4. Wg Cdr Ravi Shankar Iyer also gave a brief resume of his experience in IAF and that he was currently a Senior Vice – President of a software company in Chennai. He said that the rapid growth of TSEWA Membership nearing 10,000 and likely to grow into much bigger numbers necessitates effective database management using cloud etc for secure online database management. If PPOs also have to be stored, it necessitates massive database management. He highlighted the Paretto’s principle of 80:20 and stressed the need for automation to remove drudgery. He made a PPT giving the proposals for short term and long term solutions for the database management. He defined the Mission statement which is to “Reduce Manual effort and time for case coordinator by reusing primary member data from central database for compiling the litigants list”. This, he said, was necessary in view of large AFT cases being filed and likely to be filed in future by TSEWA. He clarified that the proposed database management system is for use by HQ TSEWA with privileges given to few designations and therefore computer literacy of Members is not an issue.
5. After the presentation, the General Secretary stated that the proposed system would require assimilation before it could be effectively used. The President agreed that the database management proposed by Cdr Sudhir Dua and Wg Cdr Ravishankar Iyer are quite futuristic and that TSEWA would bank upon their expertise. Wg Cdr Ravishankar Iyer regretted his inability to be the IT Head of TSEWA due to his corporate responsibilities but offered his services to be IT Consultant all the time.
Brief by General Secretary
6. The General Secretary briefed the Members on the following issues:
(a) Out of the 35 odd AFT Cases, processing of 17 cases was completed and they have been filed or in the process of being file in AFT Delhi. The balance is under compilation and a few cases have been dropped as informed in the earlier meetings. AFT-1 is still pending final judgement.
(b) The Membership crossed the 7,000 mark.
(c) As regards BB-2 case which was won, the Advocate will write to the Record Offices, IAF and the Navy and send certified copies of the judgement.
(d) AFT-29 will be split service wise into Army, Navy and IAF to avoid the pitfalls of AFT-1 (OA – 34/2006) when one Service HQ does not file counter to our affidavit the case gets delayed unduly. OA – 34/2016 was filed in Sep 2015 yet till date it has not come up for hearing in AFT Delhi as one of Service HQs has not filed. After seing their counter we have to give counter to counter. Then only the hearings will commence. Therefore as per my advice TSEWA will file legal cases service wise.
Brief by the Treasurer
7. Lt Col Parvathesam, the Treasurer briefed on the following aspects:
(a) SBI Manager informed that they have come up with a new software called “Easy Collect” where the individuals can open a form, fill up the particulars of the transaction and then transfer the amount to the beneficiary account. This would avoid the problems of NEFT where we have been finding it difficult to trace the name of the individual who has remitted the legal fees.
(b) The IT Return of TSEWA for Financial Year 2016-17 has been filed by the CA.
(c) As regards the proposed Database Management System, linking of the individual PPOs is not an immediate requirement and they can be scanned and kept in a separate folder.
(d) Jeevan Praman software would be activated in the office and made available for submission of life certificate to the banks to enable them to get pension from Dec 2017 to Oct 2018.
(e) Internal Audit of TSEWA accounts has been completed by Lt Col (Dr) Bhaskar Reddy and Capt M Narasimha Reddy and decisions taken on various Observations as below:
(i) Signatures of approving authority to be obtained on payment vouchers above Rs.10,000/- and Treasurer to approve vouchers below the above amount. Point noted for future compliance.
(ii) Signature of Ms. V Sandhya was not obtained for payment. Treasurer will ensure that it is done during her next visit. Point noted for future compliance.
(iii) Petty cash book not being maintained. Treasurer stated that he would ensure compliance and that he would initial transactions.
(iv) Quotation for ISO Certification not obtained. It was considered and dropped since it is not practical.
(v) Approval of the EC was not obtained for various purchases. It was stated that all expenditure is approved by the Core Committee and recorded in Minutes and hence separate approval is not required.
(vi) Bank charges of Rs.172/- for dishonoured cheques to be recovered from individuals. This was agreed and monthly consolidated loss on this account will be maintained.
(vii) Revenue stamps are not being affixed. The point was considered and dropped since the Defence Services also have dispensed with this requirement.
(viii) Cash account book is not being maintained. The point was dropped since the account is maintained on Tally Software. However, a monthly statement would be printed, countersigned and kept in a file.
8. The President and the Members appreciated the excellent work done by the Internal Audit Team headed by Lt Col (Dr) Bhaskar Reddy with active support from Capt M Narasimha Reddy and looked forward to continued good work.
9. Legal Fees in Future through Cheques only.The Treasurer explained his problems in locating the sender of legal fees as transaction details are not available in our bank statement when the legal fees is sent through NEFT. The petitioners, in few cases do not send the transaction details to HQ TSEWA after making the payment through NEFT. Though money is transferred to our bank account, it is not possible to locate the petitioner who transferred the legal fees through NEFT.
10. The Executive Committee ruled that henceforth TSEWA will not accept payment of legal fees by NEFT. When the petitioners send legal documents by post there should no difficulty in enclosing a cheque. TSEWA does not want even one petitioner being missed out just because he could not be identified.
Brief by Cmde Parakala, on Tamil Nadu Visit
11. Cmde Sudheer Parakala, Vice President briefed on awareness camps conducted by the Team TSEWA consisting of the President, Col MK Veermani and Cmde Sudheer Parakala in Tamilnadu. The Team left on 20 Oct 17 and was joined by MWO Thiruchelvam, President of Tamilnadu at Villipuram on 22 Oct 17. He lauded the interest taken by Col P Navneeth Krishnan, the erstwhile President of Tamilnadu, in spite of his corporate commitments in accommodating the team in his house at Chennai, boarding arrangements, driving the team to Villipuram and back in his own transport etc. He stated that the arrangements were well coordinated by Col Jairaj Naidu, OI/C ECHS and Hon Lt Marks, President and other Office bearers of the Villipuram District Ex-Servicemen Association at Villipuram on Sunday the 22 Oct 17. He stated that more than 200 ESM, War widows and Single ladies attended the awareness camp and more than 30 individuals got their grievances resolved during the afternoon session after a sumptuous lunch hosted by the ESM Organisation. Lt Col PN Krishnan also agreed to take up individual pension problems of some of the ESMs and Veernaris with CPPC at Chennai.
12. Cmde Parakala stated that Col TN Raman arranged an awareness session for Veteran Officers, JCO/OR and Single Ladies at Parameshwaran AWHO Colony, Saligram, Chennai at 1030 hrs on 23 Oct 2017 . About 100 veterans mostly Officers benefitted from the awareness session. The presentation by Brig CS Vidyasager, President, Col MK Veermani and Cmde Sudheer Parakala were very well taken and appreciated by the veterans. Individual problems were resolved before the lunch. Col TN Raman donated Rs.10,000/- towards the lunch hosted by him and other donors. The Team returned to Hyderabad on 24 Oct 17.
13. Col VSR Ramana Reddy queried about the number of membership achieved. Cmde Sudheer Parakala, stated that as a policy TSEWA never insisted on any veteran to become Members of TSEWA and that the awareness camps are conducted for the benefit of veterans and single ladies as a welfare measure undertaken by TSEWA irrespective of affiliations to various ESM Organisation. It was always left to the individuals to join TSEWA after seeing the benefits. He said that majority of Membership of 7,000 plus achieved by us is through such awareness camps. He also informed that Hony Capt Joseph enrolled 73 Members during his visit to Benguluru recently.
Brief by the President
14. Brig CS Vidyasagar , President of TSEWA briefed the Members and profusely thanked Cdr Sudhir Dua and Wg Cdr Ravishankar Iyer for coming over to Hyderabad and giving the presentation on the futuristic Database Management System. The salient points of brief are as below:
(a) 53 Maj Gens of Pre – 2006 Case for Getting Higher Pension Depending upon in Number of Increments Earned. All increments granted by the courts will be upto the next CPC and they get equalised thereafter. He pointed out the case of Pre – 2006, 53 Maj Gens filed their case in AFT Chandigarh in OA 100/2000. Their prayer was they are all pre – 2006 Maj Gens with varying number of increments at the time of retirement. They got benefit of increments as their last drawn pay was higher due to their increments. But in Jan 2006 in 6th CPC they fount to their utter shock that their increments were not considered and their pension was fixed as if they retired in Jan 2006 with no increments. This resulted in Maj Gens getting less pension than even Brigadiers who retired in 2006 with certain number of increments.
(b) Their prayer is that they be treated as if they retired in 2006 with number of increments they earned at the time of retirement. In simple terms their pension in Jan 2006 should be same as pension of another Maj Gen who retired in 2006 with same number of increments like them. AFT Chandigarh ruled in their favour and Govt of India, Ministry of Defence issued Corr PPOs on conditional basis enhancing their pension above minimum of Rs 30350 corresponding to the number of increments they earned at the time of their retirement.
(c) 14 Maj Gen of Pre – 2006 vintage winning similar case in AFT Delhi. Seeing the success of the 53 Maj Gens, 14 Maj Gens including one R Adm filed a similar case in AFT Delhi demanding for similar benefit be granted to them as was granted by AFT Chandigarh to 53 Maj Gens. AFT Delhi gave a judgment in favour of 14 Maj Gens and Govt of India, Ministry of Defence directed PCDA (Pensions) Allahabad to implement the judgment of AFT Delhi.
(d) Delay in Judgment of AFT – 1 Case of TSEWA filed in AFT Delhi.The President informed that TSEWA filed a case AFT – 1 (OA 34/2016) praying for similar benefit granted to 53 Maj Gens to 1,049 Pre – 2006 Officers of the rank of Capt to Maj Gen. The lead petitioner is Brig SKS Rana, VSM. One of the three Service HQ have not yet given counter affidavit to AFT Delhi hence our case is getting unduly delayed. Therefore as per advice of Brig Anil Srivastava, VSM, our advocate in AFT Delhi we shall now file future legal cases service wise for all ranks.
(e) Pension of Maj Gen will NOT be Higher Than that of Lt Gen. To a query on a subsequent case filed by R Adm RM Kshetrapal and 13 others, he said that irrespective of the number of increments earned in the Rank of Maj Gen and equivalent cannot get more pension than a Lt Gen. This is because the pay structure in SAI 2/S/2008 even if a Maj Gen has earned 14 increment in his last rank, his pension is limited to Rs 0.50 x (62680 +10000) = Rs 36,340 whereas the minimum pension of Lt Gen is Rs 36,500 pm.
(f) BB-3. On BB-3, the general consensus is to file the case in AFT Delhi in spite of the confusion created by the PCDA (Pension) Allahabad vide their Circular 585.
(g) Pre 2006 Hony Nb Subs can get Pension of Nb Sub only after Getting Judment of AFTs. Pre-2006 Hon Nb Sub will get pension of Nb Sub only with a court order vide Govt of India, Ministry of Defence letter dated 30 Oct 2017. The subtle wording “Govt will implement judgment of AFTs / law courts” indicated Government of India, Ministry of Defence will not contest judgments given in favour of Ex-Servicemen in hon’ble Supreme Court. Therefore all Pre – 2006 Hony Nb Subs should go to AFTs and get a judgment to get pension of Nb Sub.
(h) Activation of Other Regional Benches to Expedite Judgment of Legal Cases Filed by TSEWA. A large number of our AFT Cases are delayed due to functioning of only one Bench out of three at AFT Delhi. He said that we should activate Benches in other states. Lt Col Latif Vadakkayil has agreed to coordinate cases to be filed in AFT Kochi. He also advised that the Circuit Bench at Hyderabad should also be activated ASAP by filing small cases here.
(i) OROP Tables in Circular 555, The President received a PPO from Lt Col Latif Vadakkayil of a Col SG with 31.5 years of service who retired in 2014 but his pension is Rs 35,100 which is less than Rs 36,130 shown in OROP tables of PCDA (Pensions) Allahabad vide their Circular 555. The pension of all officers retired in calendar year 2013 have been taken into consideration and Average of Maximum and Minimum for each rank and for each six months’ service was fixed for all Pre – 2012 pensioners in OROP. Then how come a Col SG with 31.5 years of service who retired in 2014 could get less pension than Rs 36,130 which is Average of Maximum and Minimum of all Colonels with 29.5 to 33 years of service retired in 2013. He pointed out that the OROP Tables issued by DAD are therefore wrong. He therefore suggested Cols with service of 29.5 to 33 years can send their scanned copies of PPOs to enable TSEWA to see why such a mistake has happened.
Points by Air Cmde GS Nijjar
15. Air Cmde GS Nijjar gave the following brief:
(a) The case of pension for Reservists will be made ready by end of the month for filing in the AFT Delhi.
(b) Since there are only 12 members for revision of pension of Capt/Majors of MNS, the case should be filed in AFT, Kochi. He suggested the legal fees be enhanced beyond Rs 5000. At this juncture the President suggested that the pension of Capts and Majors of MNS is very low hence it is unfair to ask them to pay more than Rs 5000. TSEWA has adequate funds and any short fall can be paid by TSEWA from its reserves. The proposal was put to vote and all members of the Core Committee unanimously approved that MNS officers will pay only Rs 5000 and balance of legal fees will be paid by TSEWA.
(c) He made a draft for SOPs on filing AFT cases and that he would share it with Cdr Sudhir Dua and others.
(d) He said that for AFT 29/30, we should circulate re-structured pension every six-months. The President informed that this is not possible.
(e) He suggested that we should reduce the legal fee for JCO/OR.
(f) He requested the President to look into his observation that MACP has not been applied in OROP tables.
16. There being no other points, the meeting was declared as closed. The next meeting of the Core Committee/EC will be held at 143 Vayupuri office at 0900 hrs on 15 Nov 2017.
Brig CS Vidyasagar (Rtd)
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