Minutes of TSEWA Core Committee Meeting held at 0900 hrs on 14 Sep 2019 at 143, Vayupuri, Secunderabad
The following attended the above meeting: –
- Brig CS Vidyasagar (Retd) – President, In Chair
- Cmde Sudheer Parakala (Retd) – Vice President
- Col Dr GB Sethi (Retd) – General Secretary
- Lt Col G Parvathesam (Retd) – Treasurer
- Col MJ Ganapathy (Retd) – Member
- Lt Col VS Ramana Reddy (Retd) – Member
- Maj Dr B Bhikshapathy (Retd) – Member
The President welcomed all members for the meeting of the Core Committee and thanked them for sparing their time to contribute to growth of TSEWA with their suggestions / recommendations / ideas / opinions / views etc. He then requested General Secretary to commence the proceedings of the meeting. This time the attendance is thin due to many personal commitments. The President and all Core Committee members congratulated Maj Bhikshapathy (Retd) for award of Ph D in Electronics from Jawaharlal Nehru University, Hyderabad.
Points from General Secretary
Item No 1: Status of Legal Cases. Col Dr GB Sethi (Retd) explained that due to dysfunctional state of AFTs all over the country, our legal cases filed in various AFTs are not being heard. The petitioners are anxious to know progress of the cases. The legal cases can only progress once the AFTs are fully manned with Judicial and Administrative members. As on date, it is informed that only one court in Principal bench in Delhi and one court in AFT Chandigarh are functioning.
The President intervened to say that due to dysfunctional state of AFTs, TSEWA has not filed even one case since one year and six months. Though hearings are over in AFT – 1 (OA – 34/2016) filed in Sep 2015 in AFT Delhi judgment has not yet been delivered as the court is not functional. Therefore, it is recommended for any petitioner to withdraw from cases filed by TSEWA in various AFTs.
Decision of Core Committee. The Core Committee directed Gp Capt CRR Sastry (Retd) Legal advisor to obtain latest progress from Brig SKS Rana, VSM, President, Legal Div / our advocates in AFT Delhi. The same be put up in our TSEWA Blog.
Item No 2: Cases Not Yet Filed in AFT. Decision regarding progressing the legal cases which are not yet filed in AFTs i. e to either to file them in AFTs or drop them & refund legal fees to petitioners will be taken only after three months as it in informally known that AFTs are likely to be rejuvenated by Dec 2019.
Decision of Core Committee. Gp Capt CRR Sastry (Retd) Legal advisor to inform the petitioners of the decision of the Core Committee after three months.
Item No 3: AFT – 20: Recovery from Terminal Benefits of EME JCOs/OR. Our efforts to get the amount of recovery made from JCOs / OR petitioners of EME have not proved fruitful. The meeting held in the office of Dy Comdt, 1 EME Centre with Col Records EME and PAO (OR) EME have not yielded any positive results. It appears that PAO (OR) is not willing to part with the information as to how much recovery has been made from the affected JCOs / OR who have not given their option certificate to come on to pay scales of next Central Pay Commission. It is also understood that every JCO / OR is given Final Settlement of Accounts in which recover made is mentioned. The case is not yet filed in AFT Delhi as our advocate needs amount of recovery made from the petitioner JCOs / OR of EME.
Decision of Core Committee. The Core Committee directed that a mail and SMS be sent to all the petitioners that they are required to send a copy of their final settlement of account in which recovery made is reflected to office of TSEWA by email after scanning the same. In case they do not send the Final Settlement of Accounts by 31 Oct 2019, their names be deleted from the list of petitioners.
Item No 4: Donations Received or Going to be Received for Smt Zalengkim of Manipur. President narrated the sequence of events from 07 Sep to 13 Sep 2019 as to how the debts of Rs 5.38 lakhs of Smt Zalengkim got cleared. The donors have sent donations to get her from debt trap. Accordingly, Rs 5.50 lakhs was transferred to Lt Col LM Singh, OiC ECHS Polyclinic on 12 Sep 2019. Lt Col LM Singh (Retd) on 13 Sep 2019 called the money lender Smt Laldinpui, R/O Village Rengkai, Churachandpur Dist, Manipur – 779528 and father of Smt Zalengkim , Shri Zanshumhao Hmar, Ward No: V, Carpentry Colony, Khoupilong Vill, Tamenglong Dist Pin-795141, Manipur to his office. In presence of the money lender, father of Smt Zalengkim and six witnesses including the medical officer of ECHS Polyclinic and widow of an ESM working in ECHS Polyclinic, Smt Zalengkim handed over cash of Rs 4 lakhs to the money lender. Lt Col LM Singh (Retd) got a non – judicial stamp paper signed by the money lender that she had been repaid all her loans given to Smt Zalengkim and that no dues are pending against her. Another affidavit was signed by Smt Zalengkim that she is grateful to TSEWA for giving financial assistance by which all her dues are cleared. Both the affidavits were countersigned by Oath Commissioner, Imphal East Dist.
After narration by the President of long saga, the Core Committee discussed the issue as to how the donations received and likely to be received for Smt Zalengkim are to be disposed off. A number of suggestions were received. Finally, it was recommended that all donations received and likely to be received less Rs 5.50 lakhs already transferred will be kept in fixed deposit in our bank SBI, Bhaskar Rao Nagar, Sainikpuri (PO), Secunderabad and the interest earned be sent to Lt Col LM Singh for handing over to Smt Zalengkim.
Decision of Core Committee. The Core Committee directed Treasurer, TSEWA to keep the balance money out of donation received and likely to be received as fixed deposit in SBI, Bhaskar Rao Nagar, Sainikpuri (PO), Secunderabad. The interest accrued be sent either on quarterly or half yearly basis to Lt Col LM Singh who will then hand it over to Smt Zalengkim.
Item No 5: AFT-7: Special Family Pension for Those Ladies whose Husbands Died in Harness. Brig SKS Rana, VSM, President, Legal Div informed that AFT Delhi suggested that petitioners have to file the case individually as death of their husbands is due to different causes. Therefore AFT – 7 cannot be field as Class Action Suit. Moreover, only those petitioners who have Delhi address only need to file the case in AFT Delhi. Accordingly, the petitioners were informed to send their Delhi address. Only few have sent and their cases were filed in AFT Delhi and all were given OA Nos. There are total 66 and only 13 have got Delhi address. The Core Committee discussed the next course of action. It was felt that TSEWA should request the members with Delhi address to accept one petitioner so that her case can be filed in AFT Delhi. Alternately, the cases of other ladies will be filed in regional benches.
Decision of the Core Committee. The Core Committee directed that office should immediately intimate the balance 53 petitioners to send their Delhi address by contacting their regimental pensioner. At the same the office should send a mail or SMS to members with Delhi address to give their consent to give their address so that each of the 53 petitioners can show their Delhi address. Alternately, TSEWA should file their cases in regional benches.
Point From Cmde Sudheer Parakala, Vice-President
Item No 6: Unmarried Daughter of Naval Pensioner Granted Dependent Pension, Married but Husband Died after Two Years Wants Restoration of Dependent Pension. Cmde Sudheer Parakala (Retd) informed that Ms Gulnar, daughter of naval pensioner was unmarried and dependent upon her parents. The naval pensioner died and ordinary family pension was granted to the widow. The unmarried daughter continued to be dependent upon her mother. Unfortunately, the mother too died and Ms Gulnar was granted dependent pension. But when she later got married, she informed Navpen, Mumbai who stopped her pension as now she is no longer eligible for dependent pension.
Unfortunately, her husband met with an accident and died leaving her behind with a child. Since her status on demise of her husband is dependent daughter, she wanted to get her dependent pension restored. She took up a case but Navpen denied it, saying to get dependent pension she should have been dependent upon her parents. Since her parents died, she is NOT eligible for dependent pension.
The Core Committee discussed this issue at great length. The case is restoration of dependent pension. It was decided that Cmde KS Sandhu should go to Bhyandar, Mumbai and inquire about her condition. If she is in penury with no regular income, then a case may be filed in AFT Mumbai praying for restoration of dependent pension.
Decision of Core Committee. Ms Gulnar be advised to file the case in AFT Mumbai for restoration of dependent pension as her status on death of her husband is that of dependent though her parents are no more. Any assistance required from TSEWA to Ms Gulnar be given. Cmde KS Sandhu be requested to select one of the two good advocates in AFT Mumbai who are ESMs themselves whose details are already furnished to him. Legal fees can be reimbursed from TSEWA if the financial condition of Ms Gulnar so demands.
Points From The President
Item No 7: Reservist Case. The President expressed his anguish at abnormal delay in filing the case in AFT Delhi for getting pension for reservists. The case got delayed as coordinator got changed in between and documents required by AFT Delhi were also not sent by the pensioners. It is informed that documents have been sent to our advocate for filing the case in AFT Delhi.
There are two different cases of Reservists. One is those who are drawing reservist pension but not eligible for OROP. Another is those who are not granted Reservist pension as they did not complete 9 years of colour service and 6 years of Reserve Service. Brig Rajender Singh Rawat (Retd), President, TSEWA, Uttarakhand found out that in the reserve period if the soldier served even for two months in a year of recall, it is considered as one year of reserve service. Like this he is required to be recalled by units for six years. Then they are eligible for reservist pension. At times due to many reasons, the soldiers when recalled for active service during reserve liability period could not report to the unit. Then such individuals are not eligible for Reservist pension.
Item No 8: Financial Assistance. The President pointed out that members of Core Committee keep recommending financial assistance based on emotional upsurge. Funds for charity are very limited and since they come as donations from members, the amount is variable and irregular. It is imperative to check the details of the cases recommended to see whether the beneficiary is indeed in penury and if so does he or she deserve financial assistance. This also has to be verified by making a visit to the house of beneficiary like it was done by (late) Col MK Veeramani, President, Charity Div.
The case of eight meritorious students of ESMs of Madras Sappers were recommended by Hony Capt Joseph and Hony Capt MN Reddy for grant of Rs 5,000. They were attending a meeting on 10 & 11 Sep 2019 in Thiruvanthapurm, Kerala.
Decision of Core Committee. Only those students who are meritorious and from poor background who cannot afford college fees be given one-time financial assistance.
Item No 9: Building up of Corpus of Rs 2.50 Crores to run TSEWA. The President informed that our Corpus needs to be improved from our present level of Rs 40 lakhs to Rs 2.50 crores. To maintain three staff members and run the office, we need minimum Rs 90,000 per month. This is only possible if our corpus builds up to Rs 2.50 crores. Therefore, there is a need to request all members to chip in some contribution every month. Since we have asked members for donation for Smt Zalengkim, wife of (late) Nk Damchuilung, ASC of Manipur, we need to wait a couple of months before our members are requested to contribute to build up our Corpus.
Decision of Core Committee. President is directed to sensitize members for monthly contribution to build up our Corpus.
Item No 10: Pre – 1996 ECHS Members NOT to Get Their One Time Contribution to ECHS. A letter from HQ ECHS has informed that their case for refund of one time contribution made by Pre – 1996 pensioners to become members of ECHS has been turned down by Ministry of Defence without assigning any reasons.
There being no other point, the President declared the meeting as closed.
Brig CS Vidyasagar (Retd)