DETAILS TO BE SUBMITTED TO ADVOCATE IN AFT DELHI FOR ARGUING TSEWA CASE NO AFT – 29
Dear Petitioners of AFT – 29 A & B of TSEWA,
1. Our Advocate who filed the case in AFT Delhi in our legal case AFT – 29 : Pension fixation as on Jan 2016 by Notional pay method based on our OROP pension and not from the pay at the time of retirement has asked the petitioners to furnish the following details:-
(a) Details of pay fixed as of now and correct pay which should have been fixed.
(b) Policy letter of Govt of India, Ministry of Defence which entitle fixation as claimed.
(c) Representation of Applicants to the Competent authority requesting for correct fixation of pay.
(d) Reply from the Competent Authority.
2. The case is that the illustrations given in Govt of India, Ministry of Defence letter dated 05 Sep 2017 on fixation of pension by Notional pay method is taken from date of actual retirement where as once OROP was implemented, the notional pay of all Pre – 2013 pensioners should have been fixed as per OROP pension.
3. Since the advocate of AFT Delhi who filed the case needs certain details to strengthen our case, you are requested to make a representation to the Secretary, Ministry of Defence (ESW), Govt of India that pension by Notional Pay method from Jan 2016 should be based on OROP pension w.e.f. Jul 2014 and not from actual date of retirement. This representation be sent by Regd post with Acknowledgment Due. A sample representation is attached.
4..You are also requested to send me the reply received from Secretary, Ministry of Defence (ESW), Govt of India which generally negatives your request. In case you do not receive any reply kindly invoke RTI Act 2005 to get the reply within 30 days from receipt of your sending the letter.
5. Both these as explained at paras 3 and 4 be sent to me along with (a) your rank as per PPO (b) copy of PPO and NOT Corr PPO and (c) pensionable service as and when received. Corr PPO is not acceptable as it does not give your pensionable service.
6. I need hard copy of your representation sent to Secretary, Min of Def (ESW) and his reply and details of your rank, a copy of PPO and not Corr PPO, pensionable service to enable me to work out details sought by our advocate. I need minimum one month to work out your gain by the method I have explained in my representation. A soft copy with the above be sent to my e-mail id: email@example.com. Unless we expedite submission of these details to our advocate, we are likely to suffer abnormal delay in getting the favourable judgment from AFT Delhi.
7. All the petitioners of AFT – 29 A & AFT – 29B are required to be send details by courier or speed to the following address by 31 Aug 2018 :-
Brig CS Vidyasagar (Rtd)
Flat No: 442, Lift No: 6
Manasarovar Heights Phase – 1
Manovikas Nagar (PO)
Secunderabad – 500009
Land Mark : Ushodaya Super Market
Mobile No: 9493191380
8.I will work out requirements sought by our advocate of AFT Delhi at para 1(a) & 1(b).
9. Earlier you send the details to me, earlier our advocate can argue the case and hopefully win the case. In case you do not send the details by 31 Jul 2018, your name will be deleted and a portion of legal fees after deducting administrative charges will be refunded to you through NEFT.
10. Your utmost co-operation and help is solicited for early sending of the details asked by our advocate.
Brig CS Vidyasagar (Rtd)
All India Coordinator for AFT – 29.
Sample of Representation letter to Secretary, Ministry of Defence