Pre – 2006, 53 Maj Gens filed a case in AFT Chandigarh (OA 100/2010) praying that their pension fixed in Jan 2006 (in 6thCPC) is at the minimum of Rs 30,350 for their rank and their increments earned at the time of retirement (in 5th CPC) have been ignored by Govt of India and they draw pension in Jan 2006 less than even Brigadier who retired in Jan 2006. Their prayer is to consider their increments in fixing pension in Jan 2006.
AFT Chandigarh was pleased to direct Govt of India to refix notional pay in Jan 2006 considering their increments so that there is no difference in pension between Pre – 2006 Maj Gens and Post – 2006 Maj Gens for the same length of service. The Govt of India after protracted correspondence implemented the judgment of AFT Chandigarh and all Pre – 2006 Maj Gens started getting much higher pension than Rs 30,350 w.e.f. Jan 2006.
Seeing this judgment of AFT Chandigarh, TSEWA also filed a similar plea in AFT Delhi. Pre – 2006, 1049 petitioners including 250 impleaders joined this case in Sep 2015. Lead Petitioner is Brig SKS Rana, VSM. Due to such a huge number of petitioners, the Govt advocate kept getting adjournments on the plea that he has to examine all the 1049 records. Hence there is delay in getting judgment in our favour. Our plea is simple: Give the 1049 petitioners the same benefit of higher pension w.e.f Jan 2006 considering their increments at the time of their retirement in 5thCPC which AFT Chandigarh gave to Pre – 2006 Maj Gens.
Good News. 14 Maj Gens including one R Adm and One AVM also filed a similar case in AFT Delhi in 16 Apr 2016 and were lucky to get judgment in their favour on 12 Feb 2017. The judgment of AFT Delhi is based on judgment of AFT Chandigarh. They are to be paid higher pension from Jan 2006 to Jun 2014 with 9% interest from date of filing their case in AFT Delhi. I calculated the arrears from Jan 2006 to Jun 2014 of the 14 General Officers after the Govt of India gave sanction to enhance pensions w.e.f Jan 2006. PCDA (O) gave LPC to 12 Maj Gens and PCDA of IAF and Navy also gave LPC to one R Adm and one AVM respectively enhancing pension from Rs 30350 to Rs 35660 (highest depending upon the number of increments earned and the last pay drawn at the time of retirement in 5th CPC). I am attaching 16 MS PP slides explaining the method of notional pay fixation and you can see the bonanza these 14 Maj Gens got. The arrears for the period Jan 2006 to Jun 2014 range between Rs 2,36,751 to Rs 6,02,950.
Who are Going to be Biggest Beneficiaries?. In Army, infantry, Armd Corps and Mech Infantry officers get their promotions faster than their course-mates from AOC and EME. Similarly Naval officers get their promotions faster than their NDA course mates of Army and IAF. You get higher pension w.e.f. Jan 2006 if you have got more increments or how early you got your promotion to your next last rank.
Period of Arrears.It is from Jan 2006 to Jun 2014. OROP comes into effect from Jul 2014.
AFT – 1B.AFT 1 was filed in AFT Delhi in Sep 2015 and TSEWA was given OA – 34/2016. We are sure to win in view of judgment given in favour of 14 Maj Gens. There is a demand from many Officers of the rank of Capt to Maj Gen who could not join AFT – 1 for various reasons now to join in a similar case if permitted. Considering their genuine demand TSEWA has opened sequel to AFT – 1 (OA – 34/2006) titled AFT – IB.
All India Coordinator.Cmde Sudheer Parakala, Vice President, TSEWA has been kind enough to be All India Coordinator for AFT – I B. You are requested to contact him at his e-mail id: firstname.lastname@example.org also can speak to him at 98490 57767. He will send you legal documents which you are required to fill and dispatch the hard copies to his postal address.
Legal Fees.Since it is common cause we fixed very low legal fees of Rs 5,000 per officer. For single ladies of deceased officers, it is Rs 3,000. You are required to send cheque in favour of TSEWA –AFT along with the hard copies of legal documents to Cmde Sudheer Parakala. On the envelope kindly mention AFT – 1B for easier identification. We will NOT accept NEFT or Internet banking remittance as we are unable to locate the sender as our bank does not give any details of such money transfers.
Last Date. We will close AFT – 1 B the moment we reach 100 petitioners or by 30 Nov 2017 whichever is earlier. Thereafter if there is still demand then we will open AFT – 1C. Earlier we file the case in AFT Delhi, earlier we are likely to get a judgment.
Eligibility.All Officers from the ranks of Capt to Maj Gen including Hony Lt & Hony Capt and wives of the deceased officers of three services of these ranks are eligible to join the case.
Refund. TSEWA spends almost Rs 9 lakhs per annum on salaries to staff members, maid, telephone / mobile charges, electricity, water, stationery and other recurring expenditure. Anyone who wants to withdraw from the legal case will be refunded Rs 4,500 /2700 (single ladies) before the legal documents are sent to Delhi by 07 Dec 2017. Thereafter we are unable to make any refund as we pay full legal fees to our advocate who will not permit you to withdraw.
List of Litigants.Though Cmde Sudheeer Parakala will endeavor to send you a confirmation of receipt of your legal documents by e-mail, we will put up the list of petitioners in our TSEWA Blog (www.tsewa.org) before we send the documents to Delhi for filing in AFT Delhi. For any queries once we send our documents to Brig SKS Rana, VSM, President, Legal Division, TSEWA, you are requested to contact him on 9810281035.
Non- Members.Since our advocate gives us the concession of very low legal fees, non-members will be admitted to AFT – IB only after they become members of TSEWA. Membership form will be sent to such non – members. When you approach Cmde Sudheer Parakala, kindly mention your TSEWA membership No. Unless you become a member of TSEWA, you will not be included in this legal case. Membership form also will be sent to you. You are required to fill it up in CAPITAL LETTERS and affix a joint photo with your spouse and enclose a copy of your first PPO (not Corr PPO). Unless copy of PPO is enclosed AFT Delhi will not treat as an Ex-Serviceman.
My job is over once I sensitize the environment about legal case and an All India Coordinator is identified. I do NOT deal with legal cases thereafter. You are requested to contact Cmde Sudheer Parakala, All India Coordinator for any information about the legal case. I am unable to answer any queries and therefore request you to spare me. If you still want to correspond then do contact Col Dr GB Sethi, General Secretary TSEWA (9440859877)and Lt Col G Parvathesam, Treasurer TSEWA (9490941822)for any information on the legal cases.
May God grant us victory in 2018 and may all get our entitled emoluments.
Brig CS Vidyasagar (Rtd)
9493191380 (Mobile connectivity is very poor in my residential complex)