AFT 29 / AFT 29A / AFT 29B / AFT Cases

Representation to Secretary to Ministry of Defence by Petitioners of AFT – 29 and AFT – 29B.

REPRESENTATION TO SECRETARY TO MINISTRY OF DEFENCE BY PETITIONERS OF AFT – 29 AND AFT – 29B

Dear Petitioners of AFT – 29 & AFT – 29B,

1. Some of senior super citizens amongst the petitioners informed me that at their age, it is not possible to download Circular 555 and Def Pay Matrix as they are not computer savvy. They requested their gain by Notional Pay method be worked out. I have done the calculations (though simple) for the ranks from Major to Maj Gen.

2. Your Action. I suggest you take a print out of the attachment showing the gain you are likely to get from Notional Pay Method of Pension fixation over 2.57 method. Then go through this mail to understand various columns in the attachment showing calculations done in MS Excel. You can amend my own representation to Secretary, Min of Def (ESW) with the figures given in the Attachment. Please send your Office copy and reply received from him by post to my residential address. In case you do not get reply within 60 days, do invoke provisions of RTI Act 2005 and ask him to reply to your representation. He is duty bound to reply to you within 30 working days. In case he does not then simply send me your office copy (hard copy) to me by post. I have to send office copies of your representation and reply received from Secretary, Min of Def (ESW) to our advocate in AFT Delhi. Earlier you send it to me better it is for our advocate to commence his arguments and hopefully get a judgment in our favour. Then you will get some arrears from Jan 2016 to the time of payment by your bank.

3. Understanding the Attachment. The calculation to prove that Notional Pay for pension fixation is better even for Pre – 2013 petitioners is very simple. I shall explain in simple steps for you to know how to arrive at your own gain. Take an example of Lt Col with 22 years of service retired in 1996. Others to follow the same steps for their rank and pensionable service.

4. Step 1. Column (b) shows the length of service in years. For the rank of Lt Col and pensionable service (as given in PPO) of 22 years, the OROP (pension) in 2013 is Rs 32,428. This is shown in column (c). Since OROP is implemented based on average pension of your counterpart who retired in calendar year 2013, argument of TSEWA is that you are notionally retired in 2013 and your date of retirement is of no significance. Therefore your Notional Pay is to be worked out from 2013 and not from date of retirement (in this case 1996).

5. Step 2. How to work out your Notional Pay in 2013 for Lt Col with 22 years’ service retired in 1996? Again very simple. We know :-

Pension = 0.50 x Notional Pay in 2013 Or Pay for 2013 retirees.

Pension = 0.50 x (Pay in Pay Band + Grade Pay + MSP of Rs 6000)

For working out Notional Pay, the Govt of India has taken only Pay in Pay Band and Grade pay in their 05 Sep 2017 letter on Notional Pay fixation.

Pay in Pay Band + Grade Pay = ( 2 x OROP ) – 6000. This is given in Column (e).

For Lt Col with 22 years’ service the Pay in Pay Band + Grade pay comes to = Rs (2 x 32428 – 6000 =Rs 58,856 pm. This is your Notional Pay in 2013 and is same in Dec 2015 i.e. end of 6th CPC.

6. Step 3. Now you have to work out your Notional pay in 7th CPC w.e.f. Jan 2016. Simply multiply your Notional Pay of Dec 2015 with multiplication factor of 2.57. This comes to Rs 58856 x 2.57 = Rs 1,51,260 and is given at column (f).

7. Step 4. Now to arrive at Notional pay in Def Pay matrix (based on pay of all those who are serving in 2016), you have to go to Def Pay matrix. The Notional Pay which is closest to Rs 151260 in Def Pay Matrix is Rs 1,53,500. This is shown at column (g). The Def pay matrix is attached.

8. Step 5. Pension = 0.50 x Last Pay Drawn. Rs 153500 is only Pay in Pay Band + Grade Pay. So add MSP of Rs 15,500. This comes to Rs 1,69,000 and is given at column (h)

9. Step 6. Pension by Notional Pay Method comes to 0.50 x Last Pay Drawn = 0.50 x 169000 = Rs 84,500 and is shown at column (j).

10. Step 7. Pension by 2.57 method = Pension in OROP x 2.57. This comes to Rs 32428 x 2.57 = Rs 83340 and is shown in column (d). Therefore gain by Notional Pay method is Pension by Notional Pay Method – Pension by 2.57 method . This comes to Rs 84500 – 83340 = Rs 1160 pm + DR for every six months. This is shown in column (k).

11. I hope with this, you will be able to draft your letter to Secretary, Ministry of Defence (ESW). If you still you have any doubts kindly give me a call on my land line no or mobile no.

Since this is a one man job, there is a possibility of some arithmetical mistake in taking data from Circular 555 or Def Pay Matrix for your rank and pensionable service. Therefore I am attaching Circular 555 and see what is your OROP in Table 1. For family pensioners of Officers it is table 19. The Def Pay matrix for various ranks is given as per Grade pay of 6th CPC (Maj – Rs 6,600, Lt Col – Rs 8,000, Col (TS/SG) – Rs 8,700, Brig – Rs 8,900 and Maj Gen – Rs 10,000. Satisfy that I have taken the figures for your rank and pensionable service correctly from these documents and then send your representation.

Some officers have tendency to send a draft of their representation to me seeking correctness. I am extremely busy with our meeting of NEC of TSEWA on 16 Jun 2018, 3rd AGM and Raising Day of TSEWA on 17 Jun 2018 and filing of PIL in Hon’ble Supreme Court on 64 kb card. I do not have time to go through your representation nor will I be able to go through your calculations.

Warm Regards,

Brig CS Vidyasagar (Rtd)

TSEWA- 140
040-48540895
9493191380 (Mobile connectivity is very poor in my residential complex)
Whatsapp: 7799645973

 

 

 

 

 

6 Comments

  1. I understand and believe that if MoD does not reply in certain time period then we assume that there will not be any reply and based on that case can be moved to AFT, This information may be available with our learned lawyer.
    In view of above may I request TSEWA to please explore and avoid the step of going through RTI
    with regards
    Lt Col(TS) Sudesh Kumar Sharma
    TSEWA Member ship 1346

  2. Sir ,
    In the above letter under para 2 ‘ Your action’ Sagar sir is referring to down load the attachment . Sir where is the attachment referred to understand the calculation? Pl let me know .

    1. Kindly see the post of 12 May 2018 “Representation to Secretary to Ministry of Defence by Petitioners of AFT-29 and AFT- 29 B [3 Attachments]” which has all the necessary attachments.

  3. I am IC 27928N LT COL HARISH NAGFPAL
    TSEWA 3062
    Please confirm that I am in AFT 1C, and I have to take no action as is required by AFT 29 A, B litigents.

    1. Kindly see the post of 12 May 2018 “Representation to Secretary to Ministry of Defence by Petitioners of AFT-29 and AFT- 29 B [3 Attachments]” which has all the necessary attachments.

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