Proposed case to be filed by TSEWA for claiming arrears of MSP

Dear Esteemed Members of TSEWA,

The mail below gives the details about the proposed case to be filed in AFT (PB) Delhi for claiming arrears of MSP from 01 Jan 2006 to 31 Aug 2008. The details may kindly be read fully before joining the case. The mail may be given wide publicity so that affected veterans benefit from the efforts being put in by TSEWA as a welfare measure for the veterans and Widows.

Introduction

1. 6th Central Pay Commission (CPC) recommended to the Govt of India to approve Military Service Pay (MSP) to defence services personnel to compensate them for the harsh military life. They also recommended that MSP being a new element hence no arrears need to be paid. The MSP was entitled from Sepoy to Brigadiers only.  The amount of MSP for JCOs / OR was fixed at Rs 2,000 pm and for Officers from Lt to Brigadier at Rs 6,000 pm.

2. Govt of India approved the recommendations of 6th CPC w.e.f. 01 Sep 2008. Therefore, the MSP was implemented from 01 Sep 2008. No arrears were paid from Jan 2006 to Aug 2008 since MSP was treated as a new allowance and not as part of pay which would have been made effective from 01 Jan 2006.

3.  However in the case of MACP, when Govt issued orders that it would be effective only from 01 Sep 2008, Balbir Singh Turn along with a few JCOs / OR  challenged the order of Govt of India in AFT and won the case for implementation of MACP from 01 Jan 2006 (Date of VI CPC) and not from 01 Sep 2008 which was the date of issue of the Govt letter.  Aggrieved by the judgment of AFT, Govt of India filed Civil Appeal No 3744/2016 in Hon’ble Supreme Court. The Hon’ble Supreme Court was also pleased to dismiss the appeal of Govt of India and upheld the judgment of AFT making MACP effective from 01 Jan 2006. Govt of India in pursuance of the judgment of Hon’ble Supreme Court had to amend their earlier letter by issuing an amendment making MACP effective from 01 Jan 2006 vide their letter dated 25 Dec 2018.

MACP vs MSP

5. MSP has been defined in SAI 1/S/2008 and also 2/S/2008 as pay for all purposes. MSP was included for all benefits like pension. MSP however was not to be included for increments. Therefore, as per the judgment of Hon’ble Supreme Court in Balbir Singh Turn Vs UoI in CA No: 3744/2016 in the case of MACP, MSP is also one of the elements of pay hence is to be given from 01 Jan 2006 along with Pay in Pay Band and Grade pay. Therefore, all serving personnel from Sepoy to Brigadier who were in service between 01 Jan 2006 to 31 Aug 2008 and not given MSP,  are entitled to the arrears and are eligible to join the case which is being filed by TSEWA in the AFT (PB) Delhi.

Arrears

6. All JCOs / OR who were in service during the period Jan 2006 to 31 Aug 2008 are eligible to get arrears of MSP @ Rs 2,000 per month along with DR. Similarly, Officers from Lt to Brigadiers who were in service during the above period are also entitled for arrears @ Rs 6,000 pm plus DR. The approximate arrears due to the officers and JCO/ORs are given below:

Arrears for Officers : MSP

Ser No

Period

Arrears per month (Rs)

DR in %

DR Arrears (Rs)

Arrears per month (Rs)

Arrears for the Period (Rs)

1

Jan to Jun 2006

6,000

0

0

6,000

36,000

2

Jul to Dec 2006

6,000

2

120

6,120

36,720

3

Jan to Jun 2007

6,000

6

360

6,360

38,160

4

Jul to Dec 2007

6,000

9

540

6,540

39,240

5

Jan to Jun 2008

6,000

12

720

6,720

40,320

6

Jul to Aug 2008

6,000

16

960

6,960

13,920

 

Total Arrears

 

 

 

 

2,04,360

 

Arrears for JCOs/OR : MSP

Ser No

Period

Arrears per month (Rs)

DR in %

DR Arrears (Rs)

Arrears per month

Arrears for the Period (Rs)

1

Jan to Jun 2006

2,000

0

0

2,000

12,000

2

Jul to Dec 2006

2,000

2

40

2,040

12,240

3

Jan to Jun 2007

2,000

6

120

2,120

12,720

4

Jul to Dec 2007

2,000

9

180

2,180

13,080

5

Jan to Jun 2008

2,000

12

240

2,240

13,440

6

Jul to Aug 2008

2,000

16

320

2,320

4,640

 

Total Arrears

 

 

 

 

68,120

 

7.  TSEWA has discussed the matter with our Advocate who confirmed that we have a winnable case and recommended that the case for payment of arrears from 01 Jan 2006 to 31 Aug 2008 should be filed in AFT (PB), New Delhi in the light of  judgment of Hon’ble Supreme Court in Balbir Singh Turn Vs UoI (CA 3744/2016) mentioned above.

8. Non – Eligibility. The following are not eligible to join the legal case of TSEWA:-

(a)       Those Officers, JCOs / OR who retired prior to Jan 2006 are not eligible to join this legal case.
(b)       Anyone who obtained arrears of MSP through intervention of courts of law are not eligible to join this legal case.

9. Legal Fee. All those who desire to join the AFT Case for claiming the arrears, have to pay the following Legal Fee which is a very nominal fee:

(a)       Widows whose husbands are of any rank.  –    Nil.
(b)       Sepoys                                                         –    Rs 2,000
(c)       Naiks                                                             –    Rs 2,500
(d)       Havildars                                                      –   Rs 3,000
(e)       JCOs                                                              –    Rs 4,000
(f)        Officers including Hony Officers              –    Rs 5,000

10. I am attaching the following documents which are required to be completed and submitted to the Advocate for filing the case: (Please click on the link to download the document)

(a) Vakalatnama for AFT (PB)
(b) Authority Letter to Lead Litigant to Sign Affidavit
(c) Certificate of Undertaking from the Individual
(d) TSEWA Membership Form
(e) Sample Forms to guide in filling

11. Members of TSEWA have to fill up Forms at (a), (b) and (c) above. Non Members of TSEWA who wish to join the case have to become Members of TSEWA and submit the Membership form at (d) above in addition to other forms mentioned above. The sample of forms for guiding on filling up the forms are also attached.   In addition, all Petitioners have to submit a copy of original and latest e-PPO along with the other Forms.

12. The particulars of Bank Account of TSEWA for payment of Legal Fee are given below. The Legal Fee can be paid by Bank Transfer, DD or Cheque. In  case of Bank Transfer, it is important to attach proof immediately and send it by WhatsApp to Mob Nos. 9494037781 (Mr. Anand, Supdt) or 9848511147 (Mr. Srinivasa Reddy, Accountant)  to facilitate linking of the payment.

    (a) Name of Beneficiary – TSEWA
    (b) Name of Bank – SBI
    (c) Branch – Bhaskar Rao Nagar, Secunderabad
    (d) Account No. – 35088276014
    (e) IFSC – SBIN0015568

13. All documents mentioned above should be sent by Speed Post or Registered Post to TSEWA HQ at the address given below. 

Tri Services Ex Servicemen Welfare Association (TSEWA)
Flat No.101, H.No. 1-1-78/5
Edifice Pride, Valluvar Nagar
Ammuguda, Sainikpuri P.O.
Secunderabad – 500 094

14. All queries and correspondence by e-mail should only be addressed to triservices.hyd@gmail.com. We look forward to your early participation and submission of the documents at the earliest. In case the case is subscribed fully, the applications received late will be kept pending for inclusion in the second batch to be filed later as advised by the Advocate after progress is made in the first batch.

Warm regards,

Sudheer Parakala
Commodore, IN (Retd)
President, TSEWA

Commissioned into the Indian Navy on 25 Mar 1970, an alumnus of Defence Services Staff College and College of Defence Management. Served in various ships for 9 years including commissioning of India's First Guided Missile Destroyer INS Rajput. Important shore appointments include Dy Naval Attache, Moscow, DS at CDM, Director Naval Plans, Principal Director Procurement at NHQ, Chief Staff Officer (LA&P) at ENC and HF at CDM. Took pre-mature retirement after 32 years service at the peak of career before the Promotion Board to the Flag Rank on compassionate Grounds. At Present totally dedicated to the Ex-Servicemen Welfare and is the President of East & South Zones of TSEWA

2 Comments

  1. Sub Maj(Hony Capt) Manoharan KK

    Dear Sir,
    Best wishes and pray for your future in good health.

    March 7, 2022 Reply
  2. Col MH Chowdhury, T-5324

    Thank you very much sir. In fact it was a long pending issue and now with the SC judgment in favour of Balbir Singh, is a fit case for us to file the case. I intend joining the litigation. Regards

    March 4, 2022 Reply

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