AFT 29A / AFT Cases

Draft Representation to Service HQ From Petitioners of AFT – 29 A

DRAFT REPRESENTATION TO SERVICE HQ FROM PETITIONERS OF AFT – 29 A CASE OF T SEWA TO BE FILED IN AFT DELHI

Dear Petitioners of AFT – 29 A,

Thank you very much for joining AFT – 29A in such large numbers. We did not expect such flood of petitioners to join this case.

Of late, AFTs are insisting that the petitioner has to approach Service HQ / Record Office with his grievance and if it is not resolved or no reply is received from Service HQ / Record Office then the petitioner is at liberty to approach AFTs for justice.

Since this requirement of taking such action has come about very recently I am sending draft application for fixing my pension by Notional pay method. I have already informed Secretary to Gov of India, Ministry of Defence (ESW) of this anomaly and requested him to take action. However a draft letter from your side is attached. Kindly send it by Registered post with Acknowledgment Due to your Service HQ. Please remember this is just a formality and you need not wait to get their reply. Just send your office copy of your grievance by courier or speed post to Col Dr GB Sethi, General Secretary, 143 Vayupuri, Sainikpuri (PO), Secunderabad – 500009. This office copy of your application will be attached to your legal documents and sent to Delhi for filing in AFT.

I request you to hurry up so that we can file the case in AFT Delhi by 30 Nov 2017.

Warm regards,

Brig CS Vidyasagar (Rtd)
040-48540895
9493191380

 

Draft Application to Service HQ

 

Registered Post with Acknowledgment Due

 

From :
IC – 27563K Lt Col CS Vidyasagar (Rtd)
Flat No: 442, Lift No: 6
Manasarovar Heights – 1
Manovikas Nagar (PO)
Secunderabad – 500009
Mobile No: 9493191380
Land Line No: 040-48540895
E-mail id: csvidyasagar@gmail.com

To:
The Chief of Army Staff
South Block
DHQ PO
New Delhi – 110011

Redressal of Grievance to Fix my Pension in Jan 2016 by Notional Pay Method

Respected Sir,

  1. I have the honour to state that I was commissioned into Corps of Engineers (Bombay Sappers) on 24 Dec 1972 and superannuated on 31 Mar 2004 after serving Indian Army for 32 memorable years.
  1. I am informed by Govt of India, Ministry of Defence vide their letter No: 17(01)/2017/(02)ID(Pension/Policy) dated 05 Sep 2017 by which my pension can be fixed by either of the two method viz 2.57 method of my pension as in Dec 2015 or Notional pay method. I was also given four illustrations in Annexure to the ibid Govt letter dated 05 Sep 2017.

Pension By Notional Pay Method.

  1. I respectfully submit that the Govt letter dated 05 Sep 2017 and illustrations therein show my notional pay is to be counted from my date of retirement i.e. 31 Mar 2004  as is being done for Civilians. I state that this has lost relevance with implementation of One Rank One Pension from Calendar year 2013. Civilian gazetted officers do not have OROP hence applying method of Notional Pay Fixation of Civilians to Armed Forces personnel is bad in law as there is nothing in common.
  1. I have been deemed to have retired in calendar year 2013 and the Govt of India, Ministry of Defence vide Circular 555 of PCDA (Pensions) Allahabad fixed my pension as Lt Col with 32 years’ service at Rs 34,765 pm + Dearness Relief from Jul 2014. Therefore my notional pay is required to be fixed from calendar year 2013 as under:-

(a)  OROP Pension of Lt Col with 32 years’ service is Rs 34,765 pm
(b)  Pay in Pay Band + Grade Pay + MSP = 2 x 34765
(c)  Pay in Pay Band + Grade Pay = Rs (2 x 34765) – 6000 = Rs 63,530 pm
(d)  Notional pay in Jan 2016  = 2.57 x 63530= Rs 1,63,272
(e)  Notional pay in Defence Pay Matrix nearer to Rs 163272 is Rs 1,67,700 for Level 12A.
(f)  Notional pay for calculation of pension = Rs 167700 + MSP of Rs 15500 = Rs 183200.
(g)  Pension by Notional Pay Method  = 0.50 x 183200 = Rs 91600.

  1. Pension by 2.57 Method. I am drawing my pension as per 2.57 method which comes to Rs 34765 x 2.57 = Rs 89,346.
  1. Beneficial Method.  Though I am pre – 2012 pensioner, Notional pay method is more beneficial as I am deemed to have retired in calendar year 2013. My gain in pension by Notional Pay method is Rs 91600 – Rs 89346 = Rs 2,254 per month + DR. I therefore request your good self to direct your dealing directorate to recommend to PCDA (Pensions) Allahabad to fix my pension w.e.f Jan 2016 by Notional pay method which comes to Rs 91,600.

In case your directorate does not agree to my contention reasons for disagreement may kindly be furnished within 15 days to enable me to approach AFT to get justice.

I shall remain grateful to you for this kind help

Yours faithfully,

 

(Lt Col CS Vidyasagar, Rtd)
IC – 27563K

Copy to:
Directorate General of Manpower Planning        –         with a request to fix my pension
Adjutant General’s Branch                                                    as per notional pay method
South Block                                                                           taking my notional year of retirement
DHQ PO                                                                                   as calendar year 2013 due
New Delhi                                                                                to OROP.

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