MINUTES OF TSEWA EXECUTIVE COMMITTEE MEETING HELD ON 13 JUNE 2018 AT AT 143, VAYUPURI, SECUNDERABAD
The following members were present:
- Brig CS Vidyasagar President in Chair
- Cmde Sudheer Parakala Vice President
- Col Dr GB Sethi General Secretary
- Col G Parvatesam Treasurer
- Gp Capt CRR Sastry Jt Secretary
- Col Ravi Chowdary Member
- Hony Capt B Joseph Jt Secretary
The President welcomed all participants and thanked them for attending the meeting. He requested the General Secretary to give his points.
Points from General Secretary
Mails about CAD Phulgaon: Such mails from members of TSEWA asking TSEWA to render financial assistance to be given to the deceased ESMs are to be avoided. We should not involve TSEWA in this as the Charity required in this is much beyond our capacity. Moreover the death of military personnel in CAD Pulgaon has been declared as battle casuality and their widows will get liberalised family pension.
Rank Weightage: Terms and Conditions that govern a group of Officers will apply. The terms and conditions are liable to be changed from time to time. The Rank Weightage which was added to the actual service was to enhance the Pro Rata Pension by boosting the number years counted for 33-year rule. Now that 33-year rule is abolished w.e.f Jan 2006, Rank Weightage is of no consequence. However, the prayer in case being filed by Lt Col KP Radhakrishnan (Rtd) is to restore rank weightage for OROP. Considering that this is aimed at boosting the Pension of regular Officers it is not likely to meet with success. The terms and condition of SL / RCO / SCO are different. Therefore we should not compare different terms and conditions and insist regular officers should be given higher pension by restoring rank weightatge in OROP period i.e. after Jul 2014. Further all Jawans now get benefit of MACP which has such boosted pension of Sepoy with 16 years’ service to the same pension of Havildar. So, for them also it is unlikely to meet with any kind of success. This issue may be discussed in forthcoming EC Meeting. General Secretary then requested the President to elaborate on this issue.
Explanation by President
(a) Effect of 33 Years with Rank Weightage to Earn Minimum Pension. We are mixing up two issues of rank weightage and OROP. Rank Weightage was introduced by 3rd CPC to enable Armed Forces personnel to get minimum pension if they put in 33 years’ service with rank weightage. Since Civilians retire at the age of 58 years (till 1999) it was possible for them to serve for 33 years and earn minimum pension. The Pro-Rata reduced pension for service less than 33 years was applicable to the Central Government Civilian employees too. The same rule of 33 years was implemented for Defence Services Personnel but to compensate for the early retirement they were given rank weightage from the rank of Sepoy to General Officers. But the rank weightage was removed by 6th CPC w.e.f. Jan 2006 as they did not want superseded personnel to continue in the Government service with no motivation to serve. Such voluntary retirement in higher ranks enable juniors to get promotion faster. They enabled them to leave the service if they serve for minimum pensionable service (15 years for JCOs / OR and 20 years for Officers) and were paid pension which is 50% of Last Drawn Emoluments. Longer the service higher is the Last Drawn Emoluments. Therefore the same rule of de-linking of 33 years was also made applicable to defence services personnel. Say a Post – 2006 Lt Col with 20 years’ service will get pension which is 50% of Last Pay Drawn as on Jan 2006 or Rs 26265 whichever is higher (pension for 20 years’ service for Lt Col (SG) = 50% of Pay in Pay Band of Rs 38,530 + Grade Pay of Rs 8000 + MSP of Rs 6000.
(b) De-Linking of 33 Years to Earn Minimum Pension Even for Pre – 2006 Pensioners. But this benefit was not given to Pre – 2006 Lt Cols who were drawing less pension i.e. Pre – 2006 Lt Col with 20 years’ service was given pro-rata reduced pension as he was still governed by 33 year rule to earn minimum pension. The Pro – rata reduced pension for such Lt Col with 20 years’ service came to Rs 26265 x (20+7)/33 = Rs 21,490.Wherea as Post – 2006 Lt Col with 20 years’ service was given minimum pension of Rs 26,265. Therefore there was disparity in pension from Jan 2006 to Jun 2014 between Pre – 2006 and Post – 2006 Lt Cols with 20 years’ service. The Pre – 2006 Lt Col with just 20 years’ service was drawing less pension of Rs 4775 pm compared to his counterpart who retired in Jan 2006.
Sri MO Inasu went right upto Hon’ble Supreme Court demanding rule of pension should be same for both Pre – 2006 pensioners and Post – 2006 Pensioners w.e.f. Jan 2006. The pension should therefore be not linked to 33 years’ service for Pre – 2006 pensioners too. The hon’ble Supreme Court agreed with this argument. The Government of India removed linkage of 33 years to earn minimum pension to Pre – 2006 Pensioners w.e.f Jan 2006 to Jun 2014. Even Pre – 2006 Civilian Pensioners also got benefit of higher pension w.e.f. Jan 2006. So are the Pre – 2006 Armed Forces pensioners who were paid huge amount of arrears for the period Jan 2006 to Jun 2014. The removal of linkage of 33 years to earn minimum pension in fact helped Pre – 2006 Pensioners to get higher pension w.e.f Jan 2006.
(c) OROP Period. The OROP is same pension to same rank with same length of service and same trade group irrespective of date of retirement. This came into effect from Jul 2014. The fixation of pension of all Pre – 2013 pensioners was worked out based on the Average of Maximum and Minimum Pension of those who actually retired in calendar year with 2013 but benefit of higher pension will be paid w.e.f. Jul 2014. Since the pension of those who actually retired in calendar year 2013 was without any connection to rank weightage therefore all Pre – 2013 Pensioners also will not get any benefit of Rank Weightage.
(d) Rank Weightage Vs Early Retirement.This issue was discussed with few who have thorough knowledge on Defence pensions. The unanimous view is that when soldiers joined Armed Forces their terms and conditions were known. The early retirement was the operational requirement of Armed Forces to keep their men younger. Therefore to ask for Rank Weightage to compensate for early retirement will not be accepted by any Court of Law. Even the age for retirement for Colonels to be enhanced to 57 years was not accepted by the Government.
(e) Summary. In view of the above detailed explanation there is no merit in demanding re-introduction of rank weightage from Jul 2014.
(f) SC Vakalatnamas of OA34/16. They are kept ready for despatch to Brig SKS Rana, VSM, President, Legal Div, TSEAW whenever he desires. Gp Capt CRR Sastry will ascertain the same from Brig SKS Rana.
(g) Expeditious Filing of Cases to be Filed. The members who joined various legal cases are complaining that TSEWA is taking too much time to file the legal cases in AFT Delhi. There is therefore a need to expedite filing the legal cases in AFT Delhi. The matter should be discussed in the forthcoming EC Meeting on 23 Jun 2018 and also suitably projected in the AGM on 24 Jun 2018. Gp Capt CRR Sastry said that he will discuss the matter with Brig SKS Rana.
Lt Col Ravi Chowdhary said that Officers who retired between Jan 2006 and Aug 2008 were not given benefit of Rank weightage for the period and their Pension in 6the CPC Regime was pro rata only. It was decided that the matter will be studied by Lt Col Ravi Chowdary and Gp Capt Sastry and then the matter will be considered in the next meeting.
Newsletter: Gp Capt MG Nori (Rtd), who will be the Chief Guest of the AGM, will be requested to release the Newsletter. 500 copies of Newsletter will be printed of which about 200 copies will be distributed in the AGM itself and about 200 will be given to TSEWA functionaries in various states for distribution to ECHS Poly Clinics in their areas. Soft Copies will be sent by email and posted on the blog.
Points from the President:
AFT 7: Our advocate demanded some more documents to justify our prayer for granting Special Family Pension to those widows whose husbands died in harness. The documents sought by our advocate are being received in the office of TSEWA. On clearance from Brig SKS Rana, VSM the documents will be sent to him.
Activities of Sub Ranga Reddy (Rtd): Many members after seeing the mail from Sub Ranga Reddy (Rtd) who intends to operationalize a private TV Channel on Kargil Diwas are asking the President whether TSEWA is connected with this venture. The President on his own has been informing the members that TSEWA is in no way connected with TV channel as we have no funds nor expertise to run a TV Channel. Therefore there is a need to put up stand of TSEWA very clearly in the TSEWA Yahoo Mail Groups. Hence a disclaimer should be posted on the Blog and the individual should be warned from using TSEWA Mail Group for his business communication. This was unanimously approved by the Executive Committee and directed the President to issue a disclaimer without any loss of time.
Funding of ESM Association Activities By Political Parties: He was informed by a member of TSEWA based in Chennai that an ESM Association meeting was organised in Avadi, suburb of Chennai wherein about 2,000 ESMs and Family pensioners attended. From the banners displayed the venue, it gave the impression that this meeting was being funded by a Political party to seek support from veterans for 2019 general election.
Assistance by Pondicherry ESM Association: The President of Pondicherry ESM Association in a mail sent to the President requested guidance from TSEWA. The details of requirements will be collected from them and the matter can be discussed in the forthcoming EC Meeting.
Complaints against Functioning of ECHS Polyclinic: CPO Nayak (Rtd) from Bubhaneshwar sent a complaint about the working of OIC Polyclinic Bhubaneshwar to the President. The same was forwarded to Brig Vinayak Ramnarayan, VSM who has good rapport with MD, ECHS. At times it is seen the complaints are exaggerated. Most of the OiCs ECHS Polyclinics render excellent service to the members of ECHS. In an odd case there could be some avoidable argument which spoils the good relationship between members of ECHS and OIC ECHS Polyclinic.
There being no further points the meeting came to a close at 11.45 am.
Brig CS Vidyasagar (Rtd)
President
16 Jun 2018
TSEWA- 140