Cases of TSEWA filed in AFT Delhi and other cases lying at various stages for grant of pension of Nb Subs to Pre – 2006 Hony Nb Subs

Dear Sir,

1. I am giving a gist of such cases which have now become infructuous due to issue of Min of Def letter dated 21 Feb 2020 granting this benefit of pension of Nb Sub to all Pre – 2006 pensioners whether they filed any case in AFT or not.
2. The Government letter granting pension of Nb Subs to Pre – 2006 Hony Nb Subs from Jan 2006 is basically implementing judgment of AFT Chandigarh. Now the benefit of this letter is for all whether they are petitioners in AFT Chandigarh or any other AFT or not filed a similar case in any AFT at all. The letter clearly mentions no application is required from Pre – 2006 Hony Nb Subs nor any letter from PCDA (Pensions) or the other two PSAs for getting arrears of pension from Jan 2006.
3. The banks will now work out the arrears of pension between Nb Sub and Hony Sub from Jan 2006 for all Pre – 2006 Hony Nb Subs. The Govt of India has seen most of benches of AFTs in the past given this award earlier to the petitioners who approached AFTs. This letter is basically to avoid defending many such cases in all 17 benches of AFTs in future. Therefore, I consider this letter of 21 Feb 2020 is not a magnanimous gesture on the part of the babus of Min of Def who are all out to rob our entitlements at first chance.
4. TSEWA filed the following cases for grant of pension of Nb Sub to Hony Subs as under: –

(a)  AFT 8: Granting of pension of Nb Sub to Pre – 2006 Hony Nb Subs filed in AFT, New Delhi. OA No: 1545/2016 – Hony Nb Sub Arvind Mohan Vs Union of India. There were 126 petitioners in this case. Last hearing was done on 27 Aug 2019. Now all these petitioners will get arrears of pension from Jan 2006. Our advocate in AFT Delhi will take necessary action on the advice of Brig SKS Rana, VSM (Retd), President, Legal Division of TSEWA as the case has beecome now infructuous.

(b)  AFT – 8A: TSEWA filed second case in AFT Delhi for similar demand and was given OA – 1816/2018 titled Hony Nb Sub Fauji Ram Vs Union of India. 61 Hony Nb Subs are petitioners. With issue of Min of Def ibid letter of 21 Feb 2020, this case has also become infructuous now.

(c)  AFT – 9: Grant of pension of Nb Sub to Post – 2006 Hony Nb Subs. The lead petitioner is Hony Nb Sub Prem Singh and there are 13 petitioners in this case. Some petitioners approached TSEWA that though they are Post – 2006 pensioners, Min of Def has not given benefit of pension of Nb Sub to them on the ground that this benefit is only applicable to those Post – 2006 Hony Nb Subs from date of issue of such a letter and they retired before that date. Documents are with our advocate in AFT Delhi for his final scrutiny. He is of the opinion that REM judgment is likely to be issued soon and we may not have to file this case if such a universal judgment is given. With issue of ibid Min of Def letter dated 21 Feb 2020, this case has also become now infructuous.

(d)  AFT – 8 (B): Grant of pension of Nb Sub to Pre – 2006 Hony Nb Subs. There are 18 petitioners in this case. Documents are with HQ TSEWA, Secunderabad. On the advice of Brig SKS Rana, VSM (Retd) and advice of our advocate in AFT Delhi, the documents were not sent as AFT Delhi may give REM judgment which will be universal whether one has filed a similar case in any AFT or not. With issue of Min of Def ibid letter of 21 Feb 2020, this case has become infructuous.

5. Now all petitioners of TSEWA i.e. Pre – 2006 & Post – 2006 Hony Nb Subs will get arrears of pension from Jan 2006. I hope the banks will now work out the arrears soon and remit it. But the banks may or will insist a letter or circular from PSAs to effect the arrears. I hope in next three to six months, our Pre – 2006 & Post – 2006 Hony Nb Subs who are petitioners in the cases mentioned above should have their pension arrears in their bank account.

Warm regards,
Brig CS Vidyasagar (Rtd)