Dear Members of TSEWA,
1. I keep seeing many mails about a new subject titled Left Out Majors in TSEWA Yahoo Mail Group. To be very frank I have not understood the purpose of this subject. A large number of mails on this subjects not only flood the TSEWA Yahoo Mail Group but is leading to avoidable confusion.
2. You are aware TSEWA is equally concerned with the pension fixation of Majors in not getting pension of Lt Col to all Majors who put in 21 years’ commissioned service as given in SAI 1/S/1996 and also incorrect pension of Majors in OROP – 2013. TSEWA has already filed AFT – 12 and AFT – 13 cases in AFT Delhi some time back. Since a similar case filed by Lt Cdr RE Balasubramanian & others in AFT Delhi and thereafter in Hon’ble Supreme Court for grant of pension of Lt Col to all Majors who put in 21 years’ service the case was dismissed by the Apex Court on the ground that the case of Maj KG Thomas who is Pre – 1996 Major with 21 years’ service is specific to him and not applicable to others. The advocate of Lt Cdr RE Balasubramanian has argued, in my view, wrongly demanding grant of rank of Lt Col to all such Majors. TSEWA does not seek grant of Lt Col to such Majors but only pension of Lt Col
3. Thereafter not satisfied with dismissal of their case in Hon’ble Supreme Court, Lt Cdr RE Balasubrmanian & others have filed a Review Petition in the Hon’ble Supreme Court against the earlier judgment of the apex court. Therefore TSEWA has decided not to go ahead with AFT – 12 case in AFT Delhi until Review Petition in Hon’ble Supreme Court is decided in favour of Lt Cdr RE Balasubramanian and others. If TSEWA persists with our case AFT – 12 in AFT Delhi, we are sure to lose the case as Hon’ble Surpeme Court judgment not to grant pension of Pre – 1996 Majors who put in 21 years’ commissioned service is binding as on date with all AFTs.
4. TSEWA has also projected the case of sanction of pension of Lt Col to all Majors with 21 years commissioned service with One Man Judicial Commission headed by Justice L Narasimha Reddy (Rtd). We are hopeful the committee might have recommended positively on this just demand. You also must know this provision exists in SAI 1/S/1996 at para 5.
5. Therefore all Majors are requested not to post any more mails on this subject in TSEWA Yahoo Mail group. If you are all interested to pursue this case on your own, you are most welcome to do on your own by forming Whatsapp Group or create your own Yahoo or Google Mail Groups.
6. Brig SKS Rana, VSM, President, Legal Division is only authorised in TSEWA to deal with legal matters with our advocate in AFT Delhi and thereafter with AFT Delhi. Even I, as President, TSEWA do not deal with our advocate. We should have only one man contact so that things move smoothly. Therefore I request members of TSEWA Yahoo Mail Group not to post mails on this subject of Left Out Majors in this mail group which adds to confusion at all levels.
7. I see many SL Officers & ACC Entry Officers asking whether they with less than 21 years’ commissioned service are eligible to join this case AFT – 12. Please understand SAI 1/S/1996 clearly states at para 5 that only those Majors who put in 21 years’ commissioned service are eligible to get pension of Lt Col. Therefore all those officers who do not have commissioned service of 21 years in AFT – 12 and 20 years in AFT – 13 are not eligible to join these two cases.
Brig CS Vidyasagar (Rtd)