Delay in Filing Legal Cases in AFTs

Dear Members of TSEWA,

  1. TSEWA from its inception in Jun 2015 has been helping veterans and family pensioners to get their dues. Towards this noble objective, legal cases are filed in AFT Delhi to get legitimate entitlements which have been denied. So far, we have succeeded in getting arrears of broad banding to disabled soldiers retired from Jan 1996. Case of Pre – 2006 Hony Nb Subs to get pension of Nb Sub has also been won.
  2. Some of the petitioners have questioned at the delay in filing cases in AFT Delhi. This is understandable. Our Advocates in AFT Delhi file the cases but at times our cases are not accepted as ineligible petitioners have joined the legal case. To cite an example, AFT – 28: Incorrect fixation of pension of Post – 1996 Majors. The case is for only those majors who were in service from Jan 1996 whose basic pay was wrongly fixed at Rs 11,600 pm where as it should have been Rs 11,925 as per judgment of Hon’ble Supreme Court. The legal documents of AFT – 28 case were handed over to the AFT Delhi but the registry found few of the petitioners retired before Jan 1996 have joined the legal case,hence they are not eligible. Therefore, the case was not accepted.
  3. The following checks are carried out by TSEWA before the documents are handed over to AFT:-

(a)     On receipt of documents, first level checks are carried out by office staff at HQ TSEWA.
(b)     Second level check of documents is carried out by legal advisors and case coordinator.
(c)     Third level check is carried out General Secretary at HQ TSEWA.
(d)     Fourth level check is carried out Brig SKS Rana, VSM, President, Legal Division at Gurgoan. In spite of his busy corporate responsibilities which force him to be away from home most of the time due to his frequent visits all over India and few foreign countries where his Corporate has business interests, he spares lot of time for legal cases.
(e)     Fifth level check is carried out by our advocates in AFTs.

  1. It is seen from past experience the petitioners commit the following mistakes which cause rejection of our cases in AFTs: –

(a)     Petitioners do not submit all legal documents.
(b)     Petitioners forget to sign some of the legal documents.
(c)     Petitioners are not eligible to join the legal case.
(d)     Cuttings and overwriting of legal documents which is not permitted.

  1. When such defects are noticed at HQ TSEWA or by Brig SKS Rana, VSM, it is seen that it is well-nigh impossible to contact the petitioners for a variety of reasons. E-mails sent are not responded or e-mail id is incorrectly mentioned. SMSs are not acted upon. Telephone calls are seldom attended to. This causes delay even before legal documents are handed over our advocates in AFTs.
  2. Petitioners have to understand that the entire case gets delayed due to faulty action by few petitioners. Since TSEWA makes payment when documents are accepted by the advocate in AFT, no refund is possible.
  3. Petitioners in their own interest and for speedier filing of cases in AFTs are requested to ensure the following: –

(a)     They are eligible to join the legal case.
(b)     Sign all the legal documents.
(c)     No cuttings or over-writings are permitted in legal documents. Care should be taken the legal documents are correct and
(d)     Such petitioners who either not eligible to join the legal case or shortcomings in legal documents found will be removed from the legal case and fresh memo of parties is made.
(e)     No refund of legal fees is permissible.

  1. Co-operation of members in all future legal cases is solicited for an early filing of legal cases and entitlements are received well in time.

Warm regards,

Brig CS Vidyasagar (Retd)
President, TSEWA

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