AFT Cases / OA 3/2018

Advisory Note to Applicants of OA 3 / 2018 (BB – 3) Case before AFT PB

APPLICANTS OF OA 3/ 2018 CASE BEFORE AFT PB

The AFT case cited above was heard for admission and it was seen from the record that each member did not submit an Affidavit authorising the lead applicant to sign the application.  Alternately each applicant should have individually signed the application which was also not done. Till now the AFT was admitting Applications signed by the Lead litigant who was authorised by the Co Applicants through an Authority Letter. Now this particular AFT Bench is insisting on an Affidavit from each Co applicant and in view of this view expressed by the bench, our Advocate has wisely decided to withdraw the case .While doing so he requested the bench to direct the Respondents to consider the representation from each member in a time bound manner in light of the law laid down in the Ram Avtar Vs UoI case and the full bench Judgment of AFT. The Hon’ble AFT bench accepting the suggestion did so and expected that such Representations will be disposed within four months from the date of the Applications.

It is now come to our knowledge that PS4 (Legal) of AGs Branch of Army Hqrs is the proper authority to deal with the matter (Only for the Offrs) and hence you are required to send your representation, (a copy of which has been sent to all the 159 petitioners of BB – 3), now to Army HQ, AGs Branch, PS -4(Legal). However, in case of JCOs and ORs respective Record Offices are the authority to make the representations. In case the representations are turned down by PS – 4(Legal) and the Record Offices then we will file another case in AFT Delhi free of cost.

A standard format of the Affidavit for signature of each applicant will be put on the TSEWA Blog and the website. Each member will be required to send a notarised Affidavit along with Vakalatnamas in the case to facilitate further action in the matter in an expeditious manner.

In view of the above, it is reiterated that members need not feel despondent about the development in the case and all members may be rest assured that TSEWA will pursue the matter with all vigour. However, the applicants may appreciate that we are bound by the order of the Hon’ble AFT and will have to abide by the Order before we approach the Tribunal again.

9 Comments

  1. I find these comments meaningless as the administrator of this blog does not respond or clarify matters. Who administers this web page and are the comments read only by idle viewers? Yet I am writing once again despite the fact that never has been there any response to my comments.
    TSEWA advised affected members to writ to MP 5 as per draft letter of Brig Ganjoo. I did so. Then another advice came that we now write to PS4 Legal without offering the address of this new recipient . On return from USA yesterday i find response from PS5 (B) . It states that broad banding of percentage of disability wef 01 Jan 2016 has already been promulgated vide Min of Defence letter dt 05 Sep 2017 and 23 Jan 2018 and PCDA (P) circular 596.
    What further action is now necessitated by us ? Can the TSEWA explain this so that we forget the matter and the organisation does not further amount on hiring advocates.
    My membership No 5151
    Brig T R Marwa (Retd)

  2. I joined TWEWA for progressing my case for enhancement of disability allowance. Since last few months nothing has moved for some issue or the other. Now, news posted does NOT throw any additional light on the matter nor action required by the litigants. Posted matter only lists comments of the members but no clarification has been added nor response to these. I asked for address of the PS(4) Legal. No response. Affidavit, will be posted as and when required! These do not alleviate anxiety of the members.
    Besides, now that all affected members have been given arrears at higher rate wef 01 Jan 2016, will this case, even if won in years, help? Some old members will pass away, others may not require by the,
    Brig T R Marwa (Retd)
    Member : 5151

  3. Sir,
    AFT-2(B) BB-3, OA 3/2018. Please send the standardized format of affidavit for each applicant for submission to concerned authorities as advised through tsewa web site or my Email Id.

    Thanking you

  4. Could you please intimate the full postal address of PS 4 (Legal) where I should now write to regarding this case. I am presently abroad and had forwarded the letter to the old address in Mar before leaving India.

  5. Please refer to my Broad banding request no.- Membership Number – 6317. and my telephonic conversationalist of 20 March 2018 with Col G Parvathesan on subject.

    I have not received any update on my case or any email on subject. Pleas do the needful
    Regards
    Col Anil Chaudhry

  6. My membership no. is 5950. I had already submitted all documents to col D B Sethi to 143 Vayupuri address including wakilatnama etc. last year which was acknowledged and I was told everything was in order , sent to Delhi for further action. It was also told That ,since no of BB cases are plenty, Teswa is taking up case centrally with Mo D . My application no is 58. Do i need fresh affidavit and other document ?
    Dr (Ltcol) B C Jena.

  7. A standard format of the Affidavit for signature of each applicant will be put on the TSEWA Blog and the website. Each member will be required to send a notarized Affidavit along with Vakalatnama in the case to facilitate further action in the matter in an expeditious manner- WHERE AND WHEN ? In my case AOC Record not accepted. Noiw what I have to do.
    Pratap Chandra Biswal. Memb-4472,BB-3 Srl No- 82.

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