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Minutes of TSEWA Executive Cum Core Committee Meeting Held on 20 Dec 2017 at Secunderabad

MINUTES OF TSEWA EXECUTIVE CUM CORE COMMITTEE MEETING HELD AT 0900 HRS ON 20 DEC 2017 AT 143, VAYUPURI, SECUNDERABAD

The following members were present.

  1. Brig CS Vidyasagar (Rtd)                        – President
  2. Cmde Sudheer Parakala (Rtd)               –  Vice President
  3. Gp Capt CRR Sastry (Rtd)                      – Joint Secretary & Legal Advisor
  4. Hony Capt B Joseph(Rtd)                       –  Joint Secretary
  5. Hony Capt M Narasimha Reddy (Rtd) –  Member NEC & President, TSEWA, Telangana
  6. Col MJ Ganapathy (Rtd)                          – Member
  7. Lt Col VRS Ramana Reddy (Rtd)           – Member
  8. Lt Col Ravi Choudhary (Rtd)                   – Legal Adviser
  9. Cdr SK Vasudeva Rao (Rtd)                     – Legal Advisor
  10. Lt Col Vijai Chandra Salins (Rtd)            – Administrator TSEWA Web Site.

Col Dr GB Sethi, General Secretary and Col MK Veeramani could not attend as both of them were busy organizing get together of their Golden Jubilee Celebrations of Degree Engg course at MCEME from 20 to 22 Dec 2017.  Lt Col G Parvathesam was out of station. Air Cmde GS Nijjar was suffering from fever and could not attend. Maj PM Goswami was out of station. The members decided to revoke the decision of the last Core Cum Executive Meeting and approved to hold the meeting on every First and Third Wednesday at 143, Vayupuri, Secunderabad as hitherto fore. Gap between two meetings of one month is too long to take a decision. Due to this changed schedule, some of the regular Core Committee members could not attend.

Opening the discussion, President welcomed all the members and thanked them for coming for today’s meeting. He explained that TSEWA is on the growth path and decisions are required to be taken fast. The Core cum Executive Committee meeting cannot be held after a gap of one month. He stated TSEWA is taking too long a time to file the cases in AFT Delhi and this is causing some disappointment to the petitioners. Some of them are withdrawing from our legal cases and paying higher legal fees to advocate to cut down delays. Therefore we need to take decision at much faster pace to file legal cases and for this we need to meet every 14 days. This was agreed to by all the members present.

The President informed that he had a detailed talk with Brig SKS Rana, VSM, President, Legal Division on 19 Dec 2017 on the validity & sustainability of filing a new case AFT – 31 to get MSP from Jan 2006 to Aug 2008 for Serving Officers during that period in view of the judgment of Hon’ble Supreme Court on ACP delivered on 08 Dec 2017 where in it was ruled that once Union Cabinet has approved the recommendations of 6th CPC with all modificatoins, then it is not permitted for any executive instruction to fix date of payment of pay or pay related issues from any other later arbitrary date. ACP is pay and not an allowance hence higher pay for Sepoys who got the benefit of ACP should be given from Jan 2006. The Hon’ble Supreme Court dismissed 21 appeals filed by Ministry of Defence and directed them to pay ACP to all petitioners of 21 civil appeals.

The President made a detailed presentation explaining what is ACP and how the judgment of Hon’ble Supreme Court is applicable to MSP to be given from Jan 2006 and not from Sep 2008. He said 27 MS PP slides will be sent to various coordinators with AFTs and seek the legal opinion of the advocates as to whether these three cases i.e. (a) AFT – 31 : Getting MSP from Jan 2006 to Aug 2008 for Officers (b) AFT – 32: Getting MSP from Jan 2006 to Aug 2008 for JCOs / OR and (c ) AFT – 32: Getting ACP for all Pre – 2006 OR  The MS PP slides will also be put up in TSEWA Blog courtesy Smt Rekha Sekhri, Designer & Administrator of TSEWA Blog.

In the presentation, he showed the arrears the petitioners are likely to receive. The same is summarized below:-

(a)  AFT – 31: Officers from rank of Lt to Brig are likely to get arrears of MSP for the period Jan 2006 to Aug 2008 of Rs 2,04,360
(b)  AFT – 32: Officers from rank of Lt to Brig are likely to get arrears of MSP for the period Jan 2006 to Aug 2008 of Rs 68,120
(c) AFT – 33: Arrears of ACP for Sepoys from Jan 2006 till Dec 2017: Rs 1,40,008.

Points from Cmde Sudheer Parakala, Vice – President.

Awareness Camp at Navi Mumbai

He informed that Cmde KS Sandhu President, TSEWA, Mumbai Metro gave two options to us for holding the Awareness Camp at Navi Mumbai on 11 Feb 2018.

Option 1. To hire community hall at Jal Vayu complex in Navi Mumbai which has seating capacity of 150. It has no other facility. We have to hire chairs, PA system and Video Projector. The cost of hiring is about Rs 10,000. The number of attendees could not be guaranteed though they are about 400 Naval ESMs retiring in the close vicinity.
Option II. To hire community hall in a Corporate community Hall which has every facility. It has seating capacity of 250. We do not have to hire chairs, PA system and video projector. Cost is Rs 20,000.

Decision : The Core Committee members recommended that the awareness camp is being held for the first time in Navi Mumbai and we are not sure as to how many are likely to attend. Therefore considering cost differential and cost of even simple samosa, two biscuits, cup of water and cup of tea will be less than Rs 20,000 it is better to host the Awareness Camp at Jal Vayu complex, Navi Mumbai.

Thereafter the Executive Committee deliberated on the cost – benefit analysis and approved Option II. Cmde Sudheer Parakala was requested to communicate the decision to Cmde KS Sandhu, President, TSEWA, Mumbai Metro.

Letter to Ministry of Defence for Inclusion of TSEWA for Quarterly Meetings

Cmde Sudheer Parakala informed that with the Hon’ble Defence Minister assuring to hold quarterly meeting with ESM Associations who are not politically inclined to be chaired by Hon’ble RRM, he recommended we write to Ministry of Defence to include TSEWA as one of the ESM Associations to be invited for these meetings. He gave certain inputs to be included in our letter to Ministry of Defence. The Core Committee recommended that such a letter be written at the earliest.

The Executive Committee thereafter discussed this issue in more detail and suggested Cmde Suhdeer Parakala to draft such a letter and get it approved in three to four days’ time and send it to Ministry of Defence. It was also suggested that we can ask Ministry of Defence for TSEWA to be recognized as an ESM Association as we are likely to reach the target of 10,000 members to become eligible to be considered as recognized ESM Association very soon.

Action to be taken by Cmde Sudheer Parakala who will draft the letter to be sent to Ministry of Defence and circulate the same to the Core Cum Executive Committee members for giving additional inputs if any in four to five days’ time.

Charitable Activities.

Cmde Sudheer Parakala informed that it is regretted to note that we are not getting any proposals for financial assistance from State Presidents except from Col Srikantha Seshadri, President, TSEWA Karnataka. One of the reasons could be that we are insisting on video to be taken which is dissuading the Presidents to locate the eligible beneficiary. He informed that Sub KV Subba Rao, President, TSEWA, Coastal Andhra Region of A.P tried his level best to convince the parents of a meritorious but poor girl in West Godavari Dist for financial assistance provided a video of conversation and assessment of the eligibility of beneficiary is to be taken. The parents on the advice of their close relatives did not agree for a video. Such apprehensions may be there hence it is suggested to review the requirement of video for selecting eligible beneficiaries.

Decision : The Core Committee discussed this issue at length. It was felt if video is taken then it reinforces faith of donors on charitable activities. It also gives needed publicity. However video may not be insisted to select an eligible beneficiary.

The Executive Committee thereafter discussed and decided that if video is possible it must be taken. But if it is not, then few photos can be taken of the beneficiary, parents and their surroundings such as home etc. It was also decided that cheque should invariably be given to the head of the institution of the beneficiary so that the purpose for which financial assistance is to be given is fulfilled and money is not squandered by the parents. It was decided that by 28 Feb 2018, Charity Div must expend all budget of Charity except Rs 1 lakh and by 21 Mar 2018 entire budget should be expended. We should not hope the Commissioner of Income Tax (Exemptions) Hyderabad will allow us to carry forward unspent money to next financial year.

Points from Hony Capt B Joseph, Joint Secretary

He suggested that since the response from Presidents of States is not very encouraging, it is better to expend the charity budget on those eligible beneficiaries irrespective of the States to which they belong to. Since Telangana and Andhra Pradesh are closer to Hyderabad, it is better to identify the beneficiaries faster and expend the charity budget instead of waiting for proposal from Presidents, TSEWA of States.

Decision : The Executive Committee decided to expend the entire allotted budget of charity on any eligible beneficiary irrespective of the state to which they belong to.

Points from Gp Capt CRR Sastry, Joint Secretary & Legal Advisor

Core Committee. He stated that anyone who comes on First and Third Wednesday to the Core Committee meeting is being allowed to take part in the deliberations. It is not recommended as it is likely to lead to problems later. He suggested we need to define what is Core Committee, its duties, powers etc.

Decision : The Executive Committee agreed to the suggestion of Gp Capt CRR Sastry and suggested to him to make a paper on the Core Committee and circulate to all members of National Executive Committee.

Approval of National Executive Committee. Gp Capt CRR Sastry suggested that now that we have 17 member Executive committee, the executive committee Hyderabad should not take a unilateral decision on the recommendation of the Core Committee. The points should be sent to all members of National Executive Committee and their approval or disapproval is to be taken. The same can be informed in the next Core cum Executive Committee meeting.

Decision : The Executive Committee agree with the suggestion of Gp Capt CRR Sastry and requested all National Executive Committee members to give their approval or otherwise on each of the recommendations made by the Core Committee.

Points from the President

Filing of Review Petition for Arrears of BB – 1 and BB – 2 Petitioners for Arrears from Date of Retirement or Jan 1996 whichever is Later

The President informed that the case of filing a review petition for arrears from date of retirement or Jan 1996 whichever is earlier in AFT Delhi was being requested from the petitioners of BB – 1 & BB – 2. The President discussed this issue with Brig SKS Rana, VSM, Col Ajit Singh Rana, Lt Col Latif Vadakkayi and Lt Col N Ravi Chowdhary. The opinion of majority is that once a judgment is given it is not possible to seek review. Cdr SK Vasudeva Rao, a practicing advocate in Hon’ble High Court Hyderbad gave out the legal position. He said review can only asked under certain conditions i.e. a new fact emerged within a short period of time say 3 months from date of delivery of judgment which can enable the judge to review his decision. Since BB – 1 and BB – 2 cases have been decided more than six months back it is not recommended to file review petition in AFT Delhi seeking payment of arrears from Jan 1996 or date of retirement whichever is later for petitioners of BB – 1 and BB – 2 cases won by TSEWA in AFT Delhi. In case this has to be filed then the next court is Hon’ble Supreme Court where the cost of legal fees is very prohibitive. If TSEWA has to file a petition in Hon’ble Supreme Court whose outcome is unpredictable, then legal fees may run to very high amount per petitioner and if we lose, the credibility and reputation of TSEWA will suffer.

Decision : The Executive Committee agreed with the argument of Cdr SK Vasudeva Rao and decided not to file any review petition in AFT Delhi seeking to review their judgment to give arrears from date of retirement or Jan 1996 whichever is earlier. In case the petitioners of BB – 1 and BB – 2 are desirous then they can join together and file a petition in Hon’ble Supreme Court on their own.

AFT 31 to 33 Cases

The President informed that though personally he is convinced that AFT – 31 and AFT – 32 for MSP from Jan 2006 to Aug 2008 for serving personnel as explained in the presentation is winnable, it is better to seek legal opinion of our advocates in various AFTs. He suggested we have identified the following officers who are coordinators at various AFTs:-

(a)   Brig SKS Rana, VSM          – AFT Delhi.
(b)   Col Ajit Singh Rana            – AFT Chandigarh with help from Col SK Dutta at Panchkula, Chandigarh
(c)   Col Dharam Raj Singh       – AFT Lucknow
(d)   Lt Col Latif Vadakkayil      – AFT Kochi
(e)   Lt Col N Ravi Chowdhary  – Circuit Bench, Secunderabad

Lt Col N Ravi Chowdhary informed that he and Gp Capt CRR Sastry are the affected Officers who were in service in the period Jan 2006 to Aug 2008. Moreover two more officers who came to TSEWA office are also affected officers. Therefore his legal advice is TSEWA must inform the environment of AFT – 31 (Officers) and AFT – 32 (JCOs / OR) for MSP from Jan 2006 to Aug 2008. There are already four officers from Secunderabad who will join AFT – 31.

Decision : The Executive Committee decided that any officer from states of Telangana and Andhra Pradesh who wish to join AFT – 31 case are most welcome to give their approval to the President who will send legal documents. We will file their case in Circuit bench at Secunderabad armed with judgment of Hon’ble Supreme Court in ACP case. Since AFT Chandigarh accepts cases from residents of Haryana, Punjab, Chandigarh (UT) and Himachal Pradesh, we have to await the legal opinion from advocate of AFT Chandigarh to be obtained by Col Ajit Singh Rana, President, TSEWA North Zone, States of Haryana and Delhi NCR. Col SK Dutta of Panchkula is also requested to help Col Ajit Singh Rana to get the legal opinion on sustainability of AFT – 31 (Officers) and AFT – 32 (JCOs / OR) for MSP from Jan 2006 to Aug 2008.

      There being no other points, President thanked all and the meeting was over. The next meeting will be held on 03 Jan 2018.

Brig CS Vidyasagar (Rtd)
President, TSEWA

2 Comments

  1. Dear Brig Vidyasagar,

    The decision not to file a review for the judgement in BB1 & BB2 surprises me. Most of the officers who filed cases individually in AFT Chandigarh have got the orders arrears from the date of Retirement. Could you please seek to file Misc application with the help of the Judgement in AFT Delhi.
    Regards,
    LtCol Vijaysingh Jadhav(M no 1368)

  2. Filing of Review Petition for Arrears of BB – 1 and BB – 2 Petitioners for Arrears from Date of Retirement or Jan 1996 whichever is Later

    As brought out by president the cost of filling above review in supreme Court is excessive,TSEWA may ask the members whether they r willing to take risk and approx cost if TSEWA is willing to take this appeal in supreme Court ,the cost depending upon the response from members.

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