BENEFIT OF JOINING LEGAL CASE AFT – 1B OF TSEWA
Dear Sir,
- A Capt IN (TS) sent me the comparative table showing how a Pre – 2006 Officer retired in March 2005 got fixed pension at Minimum of pay scale in Jan 2006 (in 6thCPC) and how a Capt IN(TS) with much lesser service got pension fixed at much higher value as he retired in post – 2006 i.e. 6th CPC period.
- AFT 1 (OA – 34/2016) and now AFT – 1B of TSEWA based on judgment of AFT Chandigarh in respect of 53 Maj Gens and AFT Delhi in respect of 14 Maj Gens demand that pre – 2006 Officers also be fixed pension same as that of their counterparts i.e. those who got similar number of increments in 6thCPC. Once the pension is fixed treating Pre – 2006 Officer retired in 2005 as if he retired in 2006 with same number of increments as another Post – 2006 Officer (with same number of increments) as per SAI 2/S/2008.
- The basic pay in 5thCPC of Colonel (Capt IN) is Rs 15100 – 450 – 17350. Thereafter it is stagnation. The figure being shown of Rs 17100 in the table appears to be incorrect. It has to be Rs 17,350. He also drew two stagnation increments i.e. Rs 900. Therefore his last basic pay is Rs 18250. Corresponding to Rs 18250 in 6th CPC, the Last Pay Drawn is Rs 60,750 (Pay in Pay Band of Rs 46,050 + Grade pay of Rs 8,700 + MSP of Rs 6,000) in SAI 2/S/2008. Therefore his revised pension is 0.50 x 60750 = Rs 30,375. But he was fixed pension in Jan 2006 at Minimum pay of Capt IN or Colonel i.e. Rs 27795. The loss he suffered is Rs 30375 – 27795 = Rs 2580 pm + DR from Jan 2006 to Jun 2014 is given and likely arrears he will get is also shown below:-
| DATA | Capt(IN/ TS) Pre- 2006 retire | CAPT(IN / TS) Post 2006 Retire |
| Personal No | 50394-F | 50762T |
| Date of Birth | 20.03.1951 | 04.11.1959 |
| Retirement | Superannuating | Pre-mature |
| Date of Retirement | 31.03.2005 | 31.10.2007 |
| Retirement after Re-employment | 19.03.2007 | Not Applicable |
| Qualifying Service | 32 Yrs/04M/04Days | 26 Yrs/02M/16 Days |
| Last Basic Pay | Rs 17,100/- | Rs. 17,100/- |
| Stagnation Increments | Rs. 400+ ( 01 Jan 2001) Rs. 400+ ( 0 1Jan 2003) Rs. 800/- (01 Jan 2005) |
Rs. 400/- ( 01 Jan 2007) |
| Avg 10 Month emoluments | Rs.28,830/-PM | Rs 28,470/- Amended to Rs 60,164.77 on Implementation of 6th CPC |
| Pension Originally Sanctioned |
Rs 14,415/-PM wef 01.04.2005 |
Rs. 14,235/-PM Wef 31.10.2007 |
| Pension revised | (a) Rs. 26050/-PM wef 01.01.2006 on implementation of 6thPay Commission for pre-2006 retires
(b) Rs. 27795/-PM wef 01.01.2006 on implementation of Min of Pay in Pay Band
|
Rs.31435/-PM wef 31.10.2007 on implementation of award of 06th CPC. |
- This is how his pension is likely to be fixed and the amount of arrears he is likely to receive is given below if TSEWA wins AFT – 1 (OA – 34 / 20016) and AFT – 1B win in AFT Delhi.
| PENSION FIXATION OF PRE – 2006 COLONEL IN JAN 2006 | ||||||
| Ser No | Period | Arrears | DR in % | DR | Total Arrears Per Month | Arrears for the Period with DR |
| 1 | Jan to Jun 2006 | 2,580 | 0 | 0 | 2,580 | 15,480 |
| 2 | Jul to Dec 2006 | 2,580 | 2 | 25 | 2,605 | 15,630 |
| 3 | Jan to Jun 2007 | 2,580 | 6 | 75 | 2,655 | 15,930 |
| 4 | Jul to Dec 2007 | 2,580 | 9 | 113 | 2,693 | 16,155 |
| 5 | Jan to Jun 2008 | 2,580 | 12 | 150 | 2,730 | 16,380 |
| 6 | Jul to Dec 2008 | 2,580 | 16 | 200 | 2,780 | 16,680 |
| 7 | Jan to Jun 2009 | 2,580 | 22 | 275 | 2,855 | 17,130 |
| 8 | Jul to Dec 2009 | 2,580 | 27 | 338 | 2,918 | 17,505 |
| 9 | Jan to Jun 2010 | 2,580 | 35 | 438 | 3,018 | 18,105 |
| 10 | Jul to Dec 2010 | 2,580 | 45 | 563 | 3,143 | 18,855 |
| 11 | Jan to Jun 2011 | 2,580 | 51 | 638 | 3,218 | 19,305 |
| 12 | Jul to Dec 2011 | 2,580 | 58 | 725 | 3,305 | 19,830 |
| 13 | Jan to Jun 2012 | 2,580 | 65 | 813 | 3,393 | 20,355 |
| 14 | Jul to Dec 2012 | 2,580 | 72 | 900 | 3,480 | 20,880 |
| 15 | Jan to Jun 2013 | 2,580 | 80 | 1,000 | 3,580 | 21,480 |
| 16 | Jul to Dec 2013 | 2,580 | 90 | 1,125 | 3,705 | 22,230 |
| 17 | Jan to Jun 2014 | 2,580 | 100 | 1,250 | 3,830 | 22,980 |
| Total Due | 314,910 | |||||
| Legal Fees paid to TSEWA | 5,000 | |||||
| Net Gain sitting at Home | 309,910 | |||||
- This is how 14 Maj Gens and 53 Maj Gens got their arrears. If you are desirous of joining AFT – 1B, then kindly contact Cmde Sudheer Parakala who is the case coordinator. He can be contacted at 98490 57767. He will send all legal documents and membership form for non-TSEWA members.
Warm Regards,
Brig CS Vidyasagar (Rtd)
9493191380 (Mobile connectivity is very poor in my residential complex)
040-48540895
Whatsapp: 9052345814