Minutes of Weekly Meeting of the Core Committee of TSEWA Held on 26 Feb 2020 at 9.00 am at 143, Vayupuri, Secunderabad- 500 094
The Following retired personnel attended :-
- Brig CS Vidyasagar President in Chair
- Cmde Sudheer Parakala Vice President
- Col Dr GB Sethi General Secretary
- Hony Capt B Joseph Joint Secretary
- Hony Capt MN Reddy President, TSEWA, Telangana
- Col MJ Ganapathy Member
- Cdr Chandra Shekhar Member
- Lt Col Vijai Salins Member
- Maj B Bhikshapathy Member
- Lt Col K Bhaskar Reddy Member
- Lt Col N Ravi Choudhary Legal Advisor
The President welcomed all present and thanked them for their efforts to attend the meeting. He requested the Executive Committee members and Core Committee members located in Secunderabad and Hyderabad to spare a few hours on second and fourth Wednesday to attend the meeting.
The President then requested the General Secretary to commence the proceedings by giving out his points.
Points from General Secretary
Item No 1. Short Service Commissioned Officers. The Gen Secretary informed that the Ministry of Defence, Government of India, has accorded approval to give status of Ex-Serviceman to Short Service Commissioned Officers who were not granted permanent commission. Therefore, they are now eligible to become members of TSEWA.
Item No 2. Pre – 2006 Hony Nb. Subs Granted Pension of Nb Subs. General Secretary informed Government of India, Ministry of Defence vide their letter No 1(13)/2016/D(Pension/ Policy) dated 21 Feb 2020 granted Pre – 2006 Hony Nb Subs pension of Nb Subs w.e.f. Jan 2006. TSEWA had four cases. We received OA Nos in two cases, one case was sent to our advocate in AFT Delhi and one case is lying with HQ TSEWA on the advice of Brig SKS Rana, VSM (Retd), President, Legal Div and our Advocate in AFT Delhi as we are likely to get REM judgment soon.
The President, TSEWA has already worked out likely arrears all of them to receive soon and sent to few members of TSEWA who are experts in pension for the verification of correctness of the tables made in MS Excel.
Item No 3. Details of Cases Filed in AFT Delhi. TSEWA filed the following cases for grant of pension of Nb Sub to Pre – Hony Nb Subs as under: –
(a) AFT 8 OA No: 1545/2016: Granting of pension of Nb Sub to Pre – 2006 Hony Nb Subs filed in AFT, New Delhi. Title of the case is Hony Nb Sub Arvind Mohan Vs Union of India. There were 126 petitioners in this case. Last hearing was held on 27 Aug 2019. Now all these petitioners will get arrears of pension from Jan 2006. Our advocate in AFT Delhi will take necessary action on the advice of Brig SKS Rana, VSM (Retd), President, Legal Division of TSEWA as the case has become now infructuous.
(b) AFT – 8A OA – 1816/2018: TSEWA filed second case in AFT Delhi for similar demand and was given OA – 1816/2018 titled Hony Nb Sub Fauji Ram Vs Union of India. 61 Hony Nb Subs are petitioners. With issue of Min of Def ibid letter of 21 Feb 2020, this case has also become infructuous now.
(c) AFT – 9 : Grant of pension of Nb Sub to Post – 2006 Hony Nb Subs. The lead petitioner is Hony Nb Sub Prem Singh and there are 13 petitioners in this case. Some petitioners approached TSEWA that though they are Post – 2006 pensioners, Min of Def has not given benefit of pension of Nb Sub to them on the ground that this benefit is only applicable to those Post – 2006 Hony Nb Subs from date of issue of such a letter and they retired before that date. Documents are with our advocate in AFT Delhi for his final scrutiny. He is of the opinion that REM judgment is likely to be issued soon and we may not have to file this case if such a universal judgment is given. With issue of ibid Min of Def letter dated 21 Feb 2020, this case has also become now infructuous.
(d) AFT – 8 (B). Grant of pension of Nb Sub to Pre – 2006 Hony Nb Subs. There are 18 petitioners in this case. Documents are with HQ TSEWA, Secunderabad. On the advice of Brig SKS Rana, VSM (Retd) and advice of our advocate in AFT Delhi, the documents were not sent as AFT Delhi may give REM judgment which will be universal whether one has filed a similar case in any AFT or not. With issue of Min of Def ibid letter of 21 Feb 2020, this case has become infructuous.
The General Secretary suggested that as per our policy, we need not refund legal fees collected for which we received OA Nos as we paid the legal fees to the Advocate in AFT Delhi. For the case not yet received OA No and case lying in HQ TSEWA we need to refund the legal fees after deducting administrative charges.
Decision of the Core Committee. The Core Committee approved the suggestion of General Secretary to refund the legal fees less administrative charges in dealing with cases to the petitioners. In case the petitioners who are likely to receive huge arrears for 14 years from Jan 2006 to 2020 wish to donate their legal fees to TSEWA, it should be accepted. A letter to this effect shall be sent to all the petitioners to exercise their choice i.e get legal fees back or donate legal fees to TSEWA for its functioning.
Item No 4. Donation of Rs 25,000 by Maj Gen KP Deswal (Retd). The General Secretary informed that Maj Gen KP Deswal (Retd) donated Rs 25,000 to TSEWA. The Core Committee thanked the general officer profusely for his magnanimity.
Item No 5. National Executive Committee Meeting. The General Secretary informed that next National Executive Committee (NEC) will be held on Sunday, 29 Mar 2020 at 143, Vayupuri, Secunderabad. Agenda for the same shall be sent to all members of NEC in next few days.
Item No 6. Awareness Programme in West Bengal. General Secretary informed that Maj Gen SN Mukherjee (Retd) President, TSEWA, West Bengal in his mail to the President of his decision to hold a meeting of Ex-Servicemen in and around Kolkata on 12 Apr 2020. The President and Vice – President were requested to grace the function. The meeting will be held to disseminate useful information on pensions, OROP, legal cases etc and also to form West Bengal State Confederation of ESM Organisations. He requested for financial assistance of Rs 20,000 for the meeting. It shall be from 1100 hrs to 1400 hrs on 12 Apr, Sunday in location of 11 BIHAR in Salt Lake, Kolkata.
Decision of Core Committee.The Core Committee approved transfer of Rs 20,000 for hosting the proposed meeting of ESM Associations in Kolkata on 12 Apr 2020 and also gave approval for the President and Vice – President to attend the meeting being organised by West Bengal unit of TSEWA.
Item No 7. Unity Among Major ESM Associations. The General Secretary informed that major grievances of ESM are not being looked into Government of India, Ministry of Defence. He cited not grant of OROP – 2018, dysfunctional state of AFTs, pathetic state of ECHS polyclinics and non-declassification of One Man Judicial Commission on anomalies in implementation of OROP – 2013 and many other issues affecting morale and well being of the veterans and family pensioners. He suggested that major ESM Associations like IESL, IESM, TSEWA, Akhila Bharatiya Poorva Sainik Parishad, DIWAVE, War Widows Association, Air Force Association, Navy Foundation etc must form into a group and seek a meeting with Hon’ble Raksha Mantri to place these grievance in front of him. Core Committee discussed this issue at length.
Decision of Core Committee. The Core Committee ruled that since NCESMO is formed and two meeting were held in Nov 2018 and Feb 2019, it is far more beneficial to continue our efforts to get quarterly meetings with Hon’ble Raksha Mantri.
Item No 8. Change of Registered Address of Office of TSEWA. General Secretary requested Lt Col N Ravi Choudhary, legal advisor to get the registered address of TSEWA from residence of (late) Gp Capt CRR Sastry to that of Cmde Sudheeer Parakala (Retd). Lt Col N Ravi Choudhary immediately agreed to do so by approaching the Registrar of Societies, Bowenpally, Secunderabad, Telangana.
Points from Cmde Sudheer Parakala, Vice President
Item No 9. Attendance at Jan Jan Ki Budget 2020 – 21. He informed that Sri Sai Prasad, Income Tax Officer (Exemptions), Hyderabad invited the President, TSEWA and Vice – President, TSEWA to attend the Jan Jan Ki Budget 2020 – 21 organised at Hotel Trident, Gachibowli, Hyderabad on 16 Feb 2020.The meeting was presided over by Hon’ble Finance Minister Smt Nirmala Sitharaman. The purpose of the budget is to clarify doubts any citizen may have about the budget. A large number of members from various industries, organisations, institute of Chartered Accountants, Institute of Company Secretaries and others attended the event. Secretary Revenue, Secretary Expenditure, Secretary Financial Services, Chairman of Excise & Customs and Chairman of Direct Taxes etc also took part in the meeting with the Hon’ble Finance Minister.
Item No 10. Financial Assistance to 5 Children of ESMs from Kerala. He informed that there are five cases for financial assistance for education of children of ESMs and family pensioners lying with the Charity Division. He requested Treasurer to allocate funds so that these cases can be disposed off. The requirement of funds is only Rs 25,000. Now that we received some donations, it is better TSEWA send financial assistance after completing the documentation.
Decision of Core Committee. The Core Committee approved payment of Rs 25,000 for payment of school or college fees to five children of ESMs in Kerala.
Point from Lt Col N Ravi Choudhary (Retd), Legal Advisor.
Item No 11. Arrears to be Paid for a period of 3 Years from Date of Filing case in AFT. He informed that he attended AFT Chennai recently to file few cases as it resumed after a long gap due to non – availability of Judicial member. He had a lengthy discussion in the AFT itself about period of arrears and requested that the arrears should be paid from date of retirement to the petitioner especially in the case of broad banding cases.
The AFT informed him that they are bound by the judgment of Hon’ble Supreme Court that the arrears are to be limited to a period of three years from date of filing case in AFTs. Therefore, there is no point in filing cases for arrears of Broad banding as Ministry of Defence has given broad banding benefit to all Pre – 2016 disabled soldiers. Disabled soldiers are already getting arrears of broad banding benefit from Jan 2016.
Item No 12. Rejuvenation of Circuit Bench,Secunderabad of AFT Chennai. Lt Col Ravi Choudhary suggested TSEWA should write to Chairman, AFT to hold one meeting of AFT Chennai in the Circuit bench in Secunderabad at least once a month.
Decision of Core Committee. The Core Committee directed Lt Col N Ravi Choudhary to give a draft letter and President shall sign and send it to the Chairman, AFT, New Delhi to host meeting of AFT Channai in Circuit bench of AFT at Secunderabad at periodical intervals as many petitioners find it difficult to travel and attend their hearings in AFT Chennai due to distances and cost involved.
The next meeting of Core Committee will be held at 143, Vayupuri, Secunderabad at 0900 hrs on 11 & 25 Mar 2020. Members are requested to adjust their engagements accordingly so that they are available for the bi monthly meetings.
There being no further points, the meeting was closed at 11.00 am. The next meeting will be held on Wednesday, 26 Feb 2020.
Brig CS Vidyasagar (Retd)