- Due to overwhelming response to AFT–1B which is closed by 30 Nov 2017, it was decided to open AFT – 1C for those Pre – 2006 Officers who could not join AFT – 1B.
- Case in Brief.The case in brief is that all pre – 2006 Officers were fixed pension based on Minimum Pay of their rank as on Jan 2006. This amounts to ignoring the increments drawn by these officers at the time of their retirement. Pre – 2006, 53 Maj Gens / R Adms/ AVMs challenged this method of pension fixation in AFT Chandigarh and were given OA No 100/2010. AFT Chandigarh ruled that these Maj Gens shall be fixed pension not at the minimum of pay of Rs 60700 but corresponding to their last pay drawn. The Govt of India, Ministry of Defence after prolonged deliberations gave a conditional approval to fix pension corresponding to their last pay drawn. PCDA(O) Pune for Army officers and PCDAs Navy & IAF fixed notional pay as on Jan 2006 corresponding to their last pay drawn in earlier CPCs. This resulted in Maj Gens getting pension not at Rs 30350 pm from Jan 2006 to Jun 2014 but at Rs 35,660 for those whose last pay drawn was higher due to their increments.
- 14 Maj Gen filed a similar case in AFT Delhi in Apr 2016. The AFT Delhi followed the judgment of AFT Chandigarh and also ruled that pension of pre – 2006 Maj Gens should be fixed not at minimum of pay as on Jan 2006 but should be fixed corresponding to their last pay drawn at the time of retirement. This resulted in huge arrears ranging from 2.75 to 7 lakhs for the period Jan 2006 to Jun 2014 for all these general officers.
Filing of Case by TSEWA
- OA 0 34/2016.Seeing the judgment of AFT Chandigarh, TSEWA also filed a case OA – 34/2016 in AFT Delhi praying for similar fixation of pension of officers from the ranks of Capt to Maj Gen. 799 petitioners were accepted by AFT Delhi. 250 Impleaders who joined the case after the case was filed were not permitted to be petitioners by AFT Delhi. Hearings are in the advanced stage and we are expecting a favourable judgment.
- AFT – 1B. Many officers approached TSEWA to admit them seeking similar benefit in fixation of higher pension from Jan 2006. 250 impleaders of OA – 34/2016 and 210 new petitioners were admitted into AFT–1B which is nothing but a sequel to OA – 34/2016 (or AFT – 1). AFT–1B got closed by 30 Nov 2017. Legal documents are checked at HQ TSEWA and these are being sent to Delhi in a day or two. We hope to file the case in AFT Delhi by 15 Jan 2018.
- AFT – IC.To accommodate officers who were late for AFT – 1B, it was decided to initiate AFT – IC. This will be opened till 31 Jan 2018. We intend to expedite checking of documents and hope to file the case in AFT Delhi by 28 Feb 2018.
- Arrears from Jan 2006 to Jun 2014.The likely arrears if we win the case in AFT Delhi are worked out and put up in the TSEWA Blog at www.tsewa.org.Offices are advised to visit the TSEWA Blog and see for themselves likely arrears they may get.
- All India Coordinator.I have volunteered to be All India Coordinator to cut down delays in filing the legal case AFT – 1C. I will send legal documents with specimen for you to sign if you approach me through e-mail.
(a) Pre – 2006 Officers who should have earned minimum one increment in their last rank. If you have not earned even one increment then you will not get any benefit in arrears as your pension has been correctly fixed as on Jan 2006 (Capt – Rs 15350, Major – Rs 18205, Lt Col – Rs 26265, Col – Rs 27795, Brig – Rs 29145 and Maj Gen – Rs 30350 pm).
(b) Wives of deceased Pre – 2006 Officers of the ranks upto Maj Gen who must have earned atleast one increment in their last rank.
(c) You have to be a member of TSEWA. If you are not then kindly ask for membership form or you can download it from TSEWA Blog at www.tsewa.org.
- Legal Fees.Due to all round increase in prices, cost of filing legal documents, expenditure incurred in finding legal opinion, visits in connection with legal cases, enhancement of salaries of offices staff, exemption of legal fees of wives of deceased JCOs /OR, the National Executive Committee decided to fix the legal fees as under:-
(a) Officers – Rs 8,000 per case.
(b) Wives of Deceased Officers – Rs 4,000 per case.
- This may please noted that cost of legal expenses of wives of deceased JCOs / OR are being footed by the Officers and wives of deceased officers as a welfare measure to the low paid ladies of JCOs / OR.
- Remittance of Legal Fees. We do not accept legal fees except by crossed cheque multi city at par. No payment through NEFT is acceptable as we faced lot of problems in previous legal cases as our bank does not help us in identifying the sender of legal fees.
- Despatch of Legal Documents.I shall send the legal documents by e-mail to all those who are desirous of joining the legal case AFT – 1C. I shall send you two specimens of signed vakalatnamas to enable you to know where to sign in the vakalatnamas. You are to sign one vakalatnama for AFT and one for Hon’ble Supreme Court, a certificate that you have not filed similar case in any other AFT and lastly an undertaking that you are willing to accept lead petitioner to represent you in the legal case. You are not to put any date and location. You are also not to enter any other particulars except your rank, name, father’s name. The documents be downloaded, print outs be taken, duly signed with a copy of PPO and cheque (multi city at par) drawn in favour of TSEWA – AFT be sent to the following address through speed post or through courier:-
Brig CS Vidyasagar (Rtd)
Flat No: 442, Lift No: 6
Manasarovar Heights Phase – 1
Manovikas Nagar (PO)
Secunderabad – 500009
Land Mark : Ushodaya Super Market
- Personal Particulars.You are to furnish your personal particulars separately in a sheet of paper (preferably typewritten) as shown below as these will be reflected in the Memo of Parties to be submitted to the Hon’ble AFT. Any changes asked later will not be entertained. You are to enter your particulars as per PPO.
(a) Membership No of TSEWA.
(b) Personal No.
(e) Postal Address with PIN Code and a prominent land mark.
(f) Mobile No.
(g) E-mail id ( in capital letters if written in hand).
(h) Cheque No, date, amount in figure and name of bank, IFSC code of your bank (available in your cheque book).
- Enquiries. Due to my other commitments I will answer any query only if you send an e-mail to me (email@example.com). I will not be able to answer your queries if you send me SMS, telephone calls, Facebook posts and Whatsapp chats. If you care to go through TSEWA Blog at www.tsewa.org you will have no doubts.
- Closure.AFT – 1C will be closed by 31 Jan 2018.
- Refund.In case at a later stage you decide to withdraw from the case then you will be refunded 90% of your legal fees as we incur lot of expenses in the legal case. In case you decide to withdraw once the documents are sent to Delhi then there will no refund as we pay our advocate in advance. You are expected to go through TSEWA Blog and understand the legal case AFT – 1C and then only you are requested to join. Though I will also carry out my checks to see whether you are eligible or not, it is better the onus rests with you of your eligibility. Please see para 9 which clearly mentions eligibility criterion.
- Responsibility of TSEWA.The responsibility of TSEWA ends once judgment is delivered. It could be in our favour or might go against us. Though we are very confident as we have few judgments of AFTs and Hon’ble Supreme Court, we cannot guarantee that we will win. I am a petitioner in two legal cases filed by TSEWA. If I lose, I have the satisfaction that I dragged the Govt of India to the AFT for denying me my entitled dues.
- Action On Delivery of Judment.Once judgment is delivered the same will be put up in the TSEWA Blog and you are required to download it. Our advocate will send the certified copy of judgment when we win the case AFT – 1C to three service HQ and to all PCDAs to implement the judgment of AFT. You need not take up any action till you hear from me. It may please be understood the Govt of India takes minimum six months to get financial concurrence to pay arrears and then PCDAs take another month or two to generate Corr PPO. Then only your banks will remit arrears. Therefore you must be prepared to wait for some time to get your arrears in your bank account.
- Delay in Delivery of Judgment. Though our advocate tries his level best to get hearings commenced and judgment delivered at the earliest due to heavy work load and not all three benches functional in AFT Delhi, there could be delay. This is beyond control of TSEWA.
- Progress of AFT – 1C.Petitioners are expected to see progress of AFT – 1C ( I will put up the OA No in TSEWA Blog at www.tsewa.org once our case is admitted in AFT Delhi) in the web site of AFT Delhi (www.aftdelhi.nic.in). Please click on Case Status in the menu and then enter OA No. You will get the progress of the case (adjourned to next date or judgment delivered).
Conclusion. I joined OA – 34/2016, precursor to AFT – 1C. Yet I am doing AFT – IC purely as a help to my brother officers. I have many other commitments and am really busy though I try to log 12 to 14 hrs every day. I will answer all your calls but I suggest you to kindly send me an e-mail at my e-mail id for quicker response. Please avoid SMS, Facebook posts and Whatsapp chats as I have no time for these social media.
Brig CS Vidyasagar (Rtd)