AFT-1 (OA 34/2016): Missing names
TSEWA filed the first ever case in AFT Delhi titled AFT – 1 for getting higher pension to all Pre – 2006 Officers corresponding to their last pay drawn in previous CPCs based on judgment of AFT Chandigarh in OA – 100/2010 filed by 53 Maj Gens / R Adms/ AVMs. Their arrears are to be paid for the period Jan 2006 to Jun 2014. Brig SKS Rana, VSM is the lead petitioner. The case was filed in Sep 2015 in AFT Delhi.
AFT Delhi accepted to admit 799 petitioners and later 250 impleaders who are known as late comers after filing the case in Sep 2015.
The Government counsel kept demanding adjournment on the plea that he has to examine records of 799 petitioners + 250 impleaders. Thereafter, he gave another plea that one out three Service HQ have not furnished Counter to the affidavit of TSEWA. These delaying tactics pushed our legal case AFT – 1 (OA – 34/2016) from Sep 2015 to Nov 2017. It is understood AFT Delhi gave a final notice to Govt counsel to submit his counter affidavit and hopefully hearings will commence soon.
The Members of AFT i.e. Judicial and Administrative who accepted 250 Impleaders retired in the mean time.
The present set of Members of AFT Delhi have not agreed to include Impleaders permitted by earlier set of members. Brig Anil Srivastava, VSM, our advocate tried his level best to get the impleaders to be accepted as petitioners of OA – 34/2016 but AFT Delhi has not agreed to his request. Therefore OA – 34/2016 has 799 petitioners only whose particulars are put up in TSEWA Blog at www.tsewa.org.
All are requested to see the way the case is handled by AFT Delhi. I am sure you appreciate that TSEWA did whatever it can but we beyond that we are helpless.
We have opened sequel to OA – 34/2016 (AFT – 1) as AFT – 1B. We have received more than 200 petitioners. We will file AFT – 1B with 250 Impleaders left out in OA – 34/2016 and fresh petitioners.
Since there is very little progress in OA – 34/2016, I do not expect much delay in getting judgment of AFT – 1B. We plan to file AFT – 1B by 15 Dec 2017. As AFT Delhi have given judgment in respect of 14 Maj Gens / R Adm /AVM in Feb 2017, it is hoped TSEWA will win OA – 34/2016 (AFT -1) and also AFT – 1B.
Therefore, 250 impleaders whose names are put up on TSEWA Blog need not worry. TSEWA can only file a case in AFT but cannot influence either earlier hearings or getting judgments faster. I do appreciate the disappointment of 250 impleaders but want to assure them that judgment of AFT – 1B will be received immediately after OA – 34/2016. Lot of work goes in making legal brief, memo of parties, carrying out five level checks before the case is filed in AFT Delhi. I therefore request 250 impleaders to appreciate helplessness of TSEWA in not getting them included in OA – 34/2016 and put up with some delay.
Brig CS Vidyasagar (Rtd)
9493191380 (Mobile connectivity is very poor in my residential complex)