MINUTES OF TSEWA EXECUTIVE CUM CORE COMMITTEE MEETING HELD AT 0900 HRS ON 06 DEC 2017 AT 143 VAYUPURI, SECUNDERABAD
The following members were present:
1. Brig CS Vidyasagar (Rtd) – President
2. Cmde Sudheer Parakala (Rtd) – Vice President
3. Col Dr GB Sethi (Rtd) – General Secretary
4. Lt Col G Parvathesam (Rtd) -Treasurer
5. Gp Capt CRR Sastry (Rtd) -Joint Secretary
6. Hony Capt B Joseph(Rtd) – Joint Secretary
7. Hony Capt M Narasimha Reddy (Rtd) – Member, NEC & President,TSEWA, Telangana State
8. Col MK Veeramani (Rtd) – President, Charity Division
9. Cmde Ashok Kota (Rtd) – Member
10. Col MJ Ganapathy (Rtd) -Member
11. Col KL Rao (Rtd) – Member
12. Lt Col VRS Ramana Reddy (Rtd) – Member
13. Lt Col Ravi Choudhary (Rtd) – Legal Adviser
14. Lt Col K Srihari (Rtd) – Member
Opening the discussion, President welcomed all the members and thanked them for coming for today’s meeting. Then he informed that on 03 Dec 2017, in the National Executive Committee meeting, some important decisions were taken. He wanted all Core Committee members to know the same. He said that he has made a Power Point Presentation and requested Col MK Veeramani to briefly explain all the points. With the aid of the slides, Col MK Veeramani went point by point and explained the agenda and the decision taken. He also said that the same has been put up in our TSEWA Blog at www.tsewa.org so anyone who wants to see can do so.
President said that Col Ajit Singh Rana had spoken to him about filing our cases at AFT Chandigarh. He also said that Col Ajit Rana had spoken to a good advocate who has empathy for Ex-Servicemen. Col Ajit Rana rang up the President and the gist of the discussion is as under:-
Col Ajit Rana said that he had spoken to the advocate about taking up TSEWA cases in the AFT Chandigarh. The advocate had agreed to take up, but informed the following:
(a) AFT Chandigarh accepts legal cases belonging to ESMs living in the states of Punjab, Haryana, Chandigarh (UT) and Himachal Pradesh only. Ex-Servicemen and single ladies of other states cannot join in the legal case.
(b) Since One Man Judicial Commission has submitted their report, he advised not to file any case pertaining to OROP in AFT Chandigarh.
(c) AFT Chandigarh does not accept class action suits on broad banding or NA – NA cases. Ex-Servicemen have to file an individual case in AFT Chandigarh.
(d) He will take up Class action suits for any other case.
It was the opinion of majority of the members that bulk of our members are from states of Punjab, Harayana, Chandigarh (UT) and Himachal Pradesh, TSEWA can file the cases for them at AFT Chandigarh. For others we can file at AFT Delhi as well as in other AFTs and Circuit Benches.
Points from General Secretary
National Executive Committee
General Secretary informed that Brig Vinayak Ramnarayan, VSM, President TSEWA, Central Zone, MP & Chattisgarh, Lt Col Latif Vadakayil, President Pension Division TSEWA, WO Thiru Chelvam, President, TSEWA Tamilnadu and Hony Capt M Narasimha Reddy, President, TSEWA Telangana and one JCO/NCO from Navy ( whose name will be given by Cmde Sudheer Parakala later on ) have been included in our National Executive Committee to have broad All India representation from members of TSEWA from all ranks. These additional five names will be got ratified in next AGM to be held in Jun 2018.
Hony Capt B Joseph, Joint Secretary said that membership from Eastern sector is less. So he wanted a few awareness camps to be held there to appraise the ESMs about TSEWA and to make them members. General Secretary informed that only willing volunteers who can devote time to TSEWA activities should be selected for any of our Committees. Some of the State Presidents have not taken any initiative and even have not interacted with us. Such members should not be selected. President also said that some of the State Presidents have not sent even a single mail not spoken even once and have not recruited any TSEWA member.
Action to be taken by all concerned
Holding of Three National Executive Committee (NEC) meetings in a Financial Year
General Secretary said that as per our Memorandum of Association, we must have at least four NEC meetings in any year i.e. one meeting in each quarter. As per the decision of AGM, one NEC will be held one day prior to the Annual General Body Meeting (AGM). This meeting can be deemed to have been held in the first quarter of Apr to Jun and second meeting in the second quarter of Jul to Sep, third meeting in third quarter of Oct to Dec and last meeting to be held in the quarter Jan to Mar. So outstation NEC members have to come three times in a year in addition to AGM. President said that, this is very essential seeing the fruitfulness of NEC meeting held on 03 Dec 2017. The clarity one gets in such meetings cannot be obtained in the e-mails or telephonic calls.
The Core Committee recommended that henceforth the NEC meeting can be conveniently held on first Sunday of Oct, Dec and Mar of every year.
All NEC members are requested to make their travel plans in such a manner that they arrive in Secunderabad one day prior to first Sunday and leave on afternoon of Monday following of first Sunday of Oct, Dec and Mar. No separate invitation will be extended to the 18 NEC members and this be treated as invitation. All expenses for the NEC meeting shall be borne by TSEWA.
Action: All NEC members.
Gp Capt CRR Sastry to Meet Advocates of AFTs for Detailed Briefing of Legal Cases of TSEWA Before Sensitizing the Environment.
General Secretary said that Gp Capt CRR Sastry, Legal Advisor is requested visit to all AFTs where we are likely to file legal cases to brief the advocate on the issues to be agitated in the AFT. He will be assisted the Legal Coordinator at each of regional AFTs for which efforts are being made to select them. Gp Capt Sastry will also finalise the mode of legal fees. This will be done once the Executive Committee takes a decision to file the case and decide on the AFT in which the case is to be filed. This is done to see our cases are heard and judgments are received faster. It is our experience filing cases in AFT Delhi is leading to lots of delay. For cases to be filed in AFT Delhi, Gp Capt CRR Sastry is requested to have a detailed discussion with Brig SKS Rana VSM, and later on with our advocate, to iron out all issues and clear all the grey areas regarding the AFT cases and payment of legal fees. Once this is done then only the environment be informed for them to become petitioners in the legal case. All agreed on this point. The dates for visit to Delhi will be fixed by Gp Capt CRR Sastry in consultation with Brig SKS Rana, VSM, President, Legal Division. All cases to filed in regional AFTS shall be informed to Brig SKS Rana, VSM for his information. General Secretray will ensure the memo of parties once made shall be put up in the TSEWA blog so that any mistakes made by us can be got rectified by the petitioners before the memo of parties is submitted to Delhi.
Action to be takenby General Secretary, Treasurer, Gp Capt CRR Sastry, Brig SKS Rana VSM.
Donation from Members and Non Members
General Secretary read out the names of the member donors along with the amount donated by them. He also told that due to Col Veeramani’s initiative, his friend Dr Srikanth Jawalkar, who is a civilian has donated Rs 50,000/- and promised to donate every year Rs 50,000/= for the welfare of ESMs. The good gesture of Dr Srikanth Jawalkar was appreciated by all and he was thanked by all.
Filing of case at AFT Kochi
Col Latif Vadakayil has spoken to an advocate at AFT Kochi, who will plead our cases. So he wanted a few cases can be filed there. This was agreed by all. However the legal fees should be in line with what we are paying to advocates at present.
Action to be taken by General Secretary, Treasurer, Gp Capt CRR Sastry, Lt Col Latif Vadakkayil
Point from Sqn Ldr Amitav Chatterji
General Secretary read out an e-mail sent out by Sqn Ldr Amitav Chatterji on welcoming the new members, while giving their membership number, giving other relevant information about TSEWA. All appreciated the gesture and wanted to know who will take up this responsibility, since General Secretary and President are very busy. None came forward. So it was decided that while giving the Membership NO, General Secretary will include “Welcome to TSEWA, Thank you for joining TSEWA family” over telephone, or in the SMS or in his e mail. This was agreed by all.
Action to be taken by General Secretary
Cases to be Filed at Circuit Bench Secunderabad.
General Secretary expressed his unhappiness over slow progress of legal cases identified by us to be filed in Circuit bench and asserted that very little has gone in that direction. He requested Lt N Ravi Chowdhary to brief us on the proposed action to file case in Circuit bench at Secundeabad
Lt Col Ravi Chowdhry said that he will file the case AFT 28 B at Circuit bench at Secunderabad during Jan 2018 positively. The case is wrong fixation of initial pay of Majors in Jan 1996 at Rs 11600 whereas later it was enhanced to Rs 11925 but arrears were not paid nor the SAI 1/S/1997 was amended He also said that AFT 15 (i.e. Hony Nb Sub to get pension of Nb Sub), AFT 20 (Recovery of money from EME JCOs due to Non Option of 6 CPC pay), will also be filed during Jan 2018 at Circuit bench at Secunderabad. However AFT 28 A will be filed at AFT Delhi only. He informed that legal notices have been served on all the respondents i.e.Ministry of Defence, three Service HQ and concerned Record Officer.
Lt Col Ravi Chowdhary was advised to file the cases service wise and also each batch not to exceed 150 to expedite hearings and getting judgments faster.
Lt Col Ravi Chowdhary said that he is taking action to take up the case of Mrs Padma, W/O Sep Veeriah to get her pension with the Circuit Branch at Secunderabad. All appreciated his initiative and thanked him for his efforts.
Treasurer informed that no more new cases will be informed to the environment till all the cases in the pipe line are completed and filed. He added TSEWA should not be seen merely collecting legal fees but not filing the legal cases in time. Petitioners do not understand the amount of work All India Coordinator has to do, checking of documents at HQ TSEWA and reconciliation of legal fees with the number of petitioners, preparation of detailed legal brief, memo of parties.
Action to be taken by Lt Col Ravi Chowdhry, Gp Capt CRR Sastry, H/ Capt Joseph and Treasurer.
Col MK Veeramani briefed all, about the progress of the charity work. He gave a list of persons to whom financial help has been extended during this financial year:-
1.Mrs Padma W/O Sep Veeriah, missing for last 14 years – Rs 25,000/-
2.Mrs Chandrakala bedridden patient of Srikakulam Dist of A.P- Rs 25,000/-
3.Ms Lekhna student of Bangalore – Rs 25,000/-
4.Ms Denuka (Archer) for Archery Eqpt &Diet – Rs 62,000/-( to be given ( given by Col Nagesh Gupta from Madhuri Seva
5.Mrs Josephine with 8 children W/O Late Hav Arokianathan(for 1 Year) – Rs 1,20,000/- ( @ Rs 10,000/-PM) to be given
6.Ms Snehalatha,( long treatment at CMC, Vellore ) – Rs 60,000/- ( @ Rs 5,000/-PM ) to be given
Col Veeramani said that some more cases are under scrutiny. If found suitable, they will be progressed. He requested all members to check, verify, take all actions as done for Ms Sandhya & Ms Aishwarya, and forward the cases to the Charity Division so that actions taken by TSEWA in charitable activities will be above board so that donors feel that only deserving cases are given financial assistance. Documentation i.e. receipt for financial assistance paid must be obtained from the beneficiaries, photos and videos through mobile phones must be taken to be put up in YouTube for wider dissemination. He added Transparency and Credibility of whatever we do should be hall mark of TSEWA. We have to come up to the high expectation reposed in us by noble donors and should never give them even an idea that money has been distributed without following the SOP already made for charitable activities.
Action to be taken by all concerned
Point from Cmde Sudheer Parakala, Vice – President
Cmde Sudheer Parakala said that he had spoken to Cmde KS Sandhu (Rtd) of Mumbai. He is prepared to look after TSEWA affairs at Mumbai Metro. He wanted an awareness camp to be held at Mumbai. He has booked a hall for this purpose. He wanted the dates from TSEWA.
At this stage the President expressed his inability to move out of Secunderabad till Feb 2019 due to his domestic commitments and suggested in his place any one of the Core Committee members in addition to Cmde Sudheer Parakala can go the awareness camps. He further informed that he is available for such outstation duties only from 1800 hrs on Friday to 0600 hrs on Monday. This issue was discussed for some time and it was the unanimous decision that President cannot be absent in such awareness camps. He will fly to cut down travel time to any place, attend the awareness camp on Sunday and fly back by evening of Sunday.
After some discussions, it was decided that on Sunday, 11 Feb 2018, Brig CS Vidyasagar, Cmde Sudheer Parakala, and Sqn Ldr Amitav Chatterji from Pune will go to Mumbai for the awareness camp.
Cmde Sudheer Parakala said that Maj Gen SS Chahal who has filed the case along with 53 Maj Gen & equivalents in AFT Chandigarh has spoken to him and told him that the judgment from hon’ble Supreme Court about the enhanced pension of pre – 2006 pensioners (taking into account the number of increments earned at the time of retirement) is likely to give their judgment as“In Rem”. So he advised TSEWA to wait before filing the case AFT 1B.
Lt Col N Ravi Chowdhary informed that even if the judgment is In Rem that is applicable to only Maj Gens / R Adms / AVMs. The result is:-
(a) Maj Gens /R Adms / AVMs who joined the case in OA – 34/2016 filed by TSEWA in AFT Delhi in Sep 2015 also will be benefitted. Since legal fees collected from them has been paid in full to the advocate in AFT Delhi, no refund is possible at this stage.
(b) Legal fees collected from Maj Gens in AFT – 1B case needs to be refunded.
(c ) AFT – 1 B should be filed in AFT Delhi or any other regional AFT for benefit of all Officers less Maj Gens / R Adms / AVMs as the case has reached its legal finality. All AFTs are bound by the law of land laid down by hon’ble Supreme Court.
(d) Unless we read the judgment of Hon’ble Supreme Court likely to be delivered on 04 Jan 2018, TSEWA is advised not take any action in hurry.
Action to be taken byPresident, Cmde Sudheer Parakala, Sqn Ldr Amitav Chatterji, Cmde KS Sandhu.
Point from Col MJGanapathy
EC/CC meeting once a month
Col MJ Ganapathy suggested that now it is better to have our EC/CC meetings once a month. After some discussion it was decided that EC/CC meetings can be held on first Wednesday of every month. All are asked to remember and attend the meeting without fail. It will be difficult to keep reminding all the members before the meeting. Due to some reason if the member is not able to attend the meeting, then he should ring up and inform General Secretary about his inability to attend, so that all others do not wait. The next meeting of Core Cum Executive Committee will be held on the first Wednesday i.e. 03 Jan 2018 at 0900 hrs.
Action to be taken by all EC/CC members
Coverage by Eenadu Telugu Daily
Lt Col G Parvathesam, Treasurer informed that he has tied up with EENADU paper, so that whenever we do any charity work, their representative will come, cover the event and publish in the newspaper. To start with, when the cheque of Rs 25000 was given to Mrs Chandrakala’s family member (she was suffering from rheumatoid problem for the last four months and totally bedridden), EENADU reporter came, covered the event, and the same was published in the news paper. Lt Col G Parvathesam brought the newspaper cuttings of the same. All appreciated the initiative of Lt Col Parvathesam and thanked him.
Points from the President
Progress on AFT Cases
President again said that we should not depend only on AFT Delhi. As decided by the NEC, TSEWA should explore possibility of filing cases in regional AFTs like Jaipur, Chandigarh, Lucknow, Kolkata, Guwahati, Mumbai and Kochi. Then only we can get judgments earlier. Some of the petitioners have withdrawn their names as we are not getting judgments faster.
Col PG Roy from Lucknow volunteered to help TSEWA to be coordinator for legal cases to be filed in AFT Lucknow. He is an an infantry officer from JAT Regt but knows many advocates in AFT Lucknow as his father himself is an advocate. So President asked him to be the Coordinator for legal cases to be filed in AFT Lucknow. He asked him to identify a panel of three to four good advocates of some standing. He has agreed for the same. All appreciated the kind gesture of Col PG Roy.
In the same way, Col DR Singh of Lucknow has also offered to help TSEWA.
Col SK Dutta of Chandigarh has also offered to help TSEWA for filing the cases in AFT Chandigarh and will help Col Ajit Singh Rana who will deal with all cases in AFT Chandigarh.
Lt Gen YN Sharma has told our President, that his regimental officer Lt Gen Ravindran of Grenadiers presently Comdt, OTA, Chennai will seek help from TSEWA for the benefit of JCOs /OR both about to retire and retired. Accordingly Lt Gen Ravindran met some of us in our office at 143 Vayupuri. President and General Secretary offered all the help to the Ex-Servicemen and also retiring personnel from Grenadier Regimental Centre, Jabalpur and advise them of precautions to be taken as an Ex – Servicemen. Thereafter Brig Vinayak Ramanarayan, VSM, President, TSEWA, Central Zone, MP & Chattisgarh will take next course of action.
Action to be Taken. Coordinators at various AFTs
President, General Secretary and Treasurer wished all members a very Happy, Healthy and Prosperous New Year, since the next meeting will be only in 2018.
There being no other points, President thanked all and the meeting was over. The next meeting will be held on 03 Jan 2018.
Brig CS Vidyasagar (Rtd)