TRI SERVICES EX-SERVICEMEN WELFARE ASSOCIATION (TSEWA)

Regn No: 495/2015 from Registrar of Societies, Hyderabad

Plot No 16


Bajarangnagar Colony


Risala Bazar, Bolarum


Hyderabad 500010

040-27118390
+91-9494037781
Mon-Sat: 9AM-6PM
Sunday Closed

 

 
 triservices.hyd@gmail.com
 

      An ISO 9001:2015 Certified Organization.

A+ A- Legal Forms

REDUCE E MAIL TRAFFIC ON TSEWA YAHOO MAIL GP ( 27 OCT 17 )

Members are requested not to clog the Yahoo mail with unnecessary mail. This inconveniences everybody & waste time of others.

TSEWA has spent considerable amount of time & money to have a blog ( URL: tsewa.org ) adminstered by Smt Rekha Sekhri w/o Lt Col Raj Sekhri.

We also have a website ( URL : tsewa.in ) adminstered by Lt Col Vijai Chandra Salins.

Please make use of these instead of shooting off mails.

Please understand that mail sent on TSEWA YAHOO GP Mail goes to 1470 members.

You are inconveniencing the others & wasting peoples time.

OA 1677/2016 ( BB 2 )

As per input from lead applicant the judgement is yet to be dictated & signed by the judge.

The inordinate delay is because only one bench is functional in AFT PB DELHI.

On enquiry it has been learnt that the case will now come in Que, so cannot estmate the time.

NFU - TSEWA HAS NO INTENTION OF FILING ANY CASE

03 OCT 17 by Admin

TSEWA has no intention of filing any case regarding NFU.

All are requested not to generate any mails on this subject, because it is futile.

But still many veterans initiate mails that they want to join NFU case.

How ridiculous & funny it is to see veterans wanting to join a case that does not exist.

Please note that even final judgement has not yet been given by the Honourable Supreme Court so far.

But still veterans are sending mails.

Please understand you are clogging the mail boxes on the group, causing inconvenience to others.

Please pause for a moment & think of others, DO NOT BE SO SELFISH & SELF CENTERED.

A sincere request please think of others before initiating any mail.

Please contact the office bearer concerned one to one on his mail ID.

This way you will be helping us all.

 

Dear Ladies & Gentlemen,

  • A number of queries are coming from members & non – members of TSEWA about state of legal cases filed or planned to be filed in AFT Delhi to get justice to Ex-Servicemen (ESM) and Family Pensioners (FP). The need for filing a legal case arises only when injustice is meted out to ESMs and FPs. The Govt of India dominated by low level babus of level of Desk Officers, Under Secys and Dy Secys appear to have been advising senior officers (who have no time) in Min of Def to adopt divide & rule policy by providing one set of benefits to one group of pensioners and deny the same to another group of pensioners on the basis of date of retirement. This is against law of land of pensioners laid down by hon’ble Supreme Court in their land mark judgment of Maj Gen SPS Vains Vs UOI, 2008 in which they said pensioners are one class and Govt of India cannot divide them into two or more by date of retirement. No junior can get higher pension than a senior. Yet the Govt of India flouts this judgment as it costs a bomb to implement a benefit given to present set of pensioners if it were to give to all past pensioners.
  • The modus operandi of Govt of India appear to exploit a loop hole in the judgments of all courts of law who do not make their judgment universal i.e. REM as per legal parlance. The judgment is applicable only to litigants who approach the courts of law. Govt of India immediately implements such judgments as the number of litigants are very few and cost of implementation is very minimal. They do in the belief that most of the similarly placed ESMs and FPs who live in villages will never come to know such a benefit is given to others. By the time they come to know many of them would have reached heaven and there is no need there for any benefit or arrears of pension. In this way thousands of crores are saved to the exchequer to be cornered by the privileged in the name of welfare schemes to the poor. Thousands of crores given to farmers have not stopped suicides by the farmers as they do not receive any such benefit. Only influential personnel, middle men, Corporates (fertilizer companies, pesticide companies and seeds companies) corner all such welfare funds.
  • Maj AK Dhanapalan proved to all of us that Govt of India and Defence Accounts Departments should never be trusted to do justice to us. They deprive you of your benefits at the drop of hat. It is your responsibility to find any such tricks played by these little bureaucrats who literally steal money from your pockets or hand bags.
  • Take any benefit which came your way. It is all because of judicial pronouncement such as (a) rank pay arrears (b) pension arrears of 6th CPC (c) Pension of Nb Sub to pre – 2006 Hony Nb Subs (d) Invalid soldiers and disabled soldiers got their broad banding (e) Full pension to pre – 2006 pensioners by delinking 33 years’ service (f) any disability after one joins Armed Forces is attributed to military service to all those pre – 2006 soldiers who do not complete 33 years’ service (g) all Majs who completed 21 years’service to get pension of Lt Col with grade pay of Maj (h) Officers getting higher pension due to increments earned in last rank. Contribution of Govt of India so far is only to challenge judgments of AFTs in hon’ble Surpeme Court to force poor ESMs and FPs to run around to defend their cases.
  • Min of Def has earned the reputation of filing maximum number of cases in hon’ble High Courts and Supreme Court compared to any other Central Govt ministry.
  • Most of pensioners are Havs and below and their FPs. They cannot afford to approach AFTs individually due to prohibitive cost of litigation. TSEWA therefore files common causes i.e .Class Action Suits to get justice by getting very low legal fees ranging from Rs 1,000 to FPs of JCOs & OR and Rs 5,000 to Officers. Nowhere an AFT advocate charges such low legal fees. But to avail such low legal fees we have to have minimum 100 litigants.

AFT CASES AND THEIR CO-ORDINATORS WITH TELEPHONE NO & E-MAIL ID

TSEWA has a number of legal cases lined up to get justice from AFTs and if required from hon’ble Supreme Court as under

AFT CASESOA NOCO-ORDINATORTELE NOE-MAIL ID
AFT-1 (Enhancement of Pension) 34/2016 BIRG SKS RANA, VSM 9810281035 Rana.t@gmail.com
AFT-2 (Broad Banding) 166/2016 COL N SITARAMAIAH 9441282198 Ramu2136@gmail.com
AFT-3 (BB PMR) 168/2016 COL N SITARAMAIAH 9491282198 Ramu2136@gmail.com
AFT-4 (T-33 Dropped)   COL AJIT SINGH RANA 9650804787 greenfd@gmail.com
AFT-5 (FP to wives of Sepoy-Havildar)   LT COL KS GOHIL 9428718017 Ksgohil11@gmail.com
AFT -6 {COL (TS)}   COL KP RADHAKRISHNAN 9448350925 Radhakrishnan_kp@yahoo.com
AFT-7 (SFP died while in Service)   LT COL MP BHATIA 9810512418 mpsbhatia@gmail.com
AFT-8 (HNS-H/Nb Sub)   COL N SITARAMAIAH 9441282198 Ramu2136@gmail.com
AFT-9 (HNS-H/Sub)   COL N SITARAMAIAH 9441282198 Ramu2136@gmail.com
AFT-10 (HNS-H/Sub Maj)   COL N SITARAMAIAH 9441282198 Ramu2136@gmail.com
AFT-11 (HonyLt & Capt) Pre-2006   COL N SITARAMAIAH 9441282198 Ramu2136@gmail.com
AFT-12 (Maj 21Yrs to get Lt Col's Pensioners - Pre 2006)   MAJ PM GOSWAMI 9177502777 majgoswami@yahoo.com
AFT-13 (Maj 20Yrs to get Lt Col !Pensioners - Pre 2000)   MAJ PM GOSWAMI 9177502777 majgoswami@yahoo.com
AFT-14 (Majors with 13Yrs commn, QS 20 yrs to get Lt Col Pension)   MAJ PM GOSWAMI 9177502777 majgoswami@yahoo.com
AFT-15(Pre 2006,Sep-Hav) AC   COL ASHOK LEEKHA 9958499996
9958499307
leekhaashok@gmail.com
AFT-16(Pension Last rank 10 months)   MAJ GEN CD DAWANT 9632309994
9422620358
Cdsawant2003@yahoo.co.in
AFT-17(Pens of Sepoys­Reservists)   WG CDR HARSHAVARDAHAN 9962127111 Harshavardhan.subranan@gmail.com
AFT-18(Higher pension to Majors - OROP)        
AFT-19(Capt to Majors Pension Pre-2004 RCOs with 6 yrs service)   MAJ PM GOSWAMI 9177502777 majgoswami@yahoo.com
  • TSEWA have taken up these cases as we believe these are legally tenable and Govt of India has denied justice to the ESMs and FPs. We have a number of judgments of various courts of law to support our legal cases mentioned above. Our chances of success are very high.
  • There are many veterans and family pensioners who are not aware of their rights and TSEWA is ever willing to help such Veterans and Family pensioners to get their entitled dues. Kindly give widest possible publicity through various modes available to help those who need our support. Those desirous of joining the above mentioned legal cases be advised to contact All India Coordinator of the case at the given mobile nos who will give necessary guidance and send required legal documents. TSEWA believes justice can only come from Courts of Law and from nowhere else.
  • Please go to AFT Delhi by clicking on www.aftdelhi.nic.in (Click on Menu Case Status).
    Enter OA – 34/2016, OA – 166/2016 and OA – 168/2016 to know the present status of our legal case.

 

I am available all the time to give any clarifications on the above legal case

images

Brig CS Vidyasagar (Rtd)

TSEWA (President)

9493191380

PROGRESS COURT CASES

25 Sep 17

BRIG A S Rana, VSM, head TSEWA legal cell  intimated

That there is a clamour by the environment to know NDH of case OA 168 / 2016 & some other cases.

Chair person PB AFT has laid down a procedure that once arguments are heard out & over, the case is put on REGULAR LIST.

Once case is transferred to the regular list it's seniority is taken from the date of filing & the final judgement will be pronounced only after all cases

filed before that are adjudicated.

Few more cases like OA 34/2016 which was the first case to be filed was not responded so far ie counter affidavit ( CA ) was not filed by counsel for

the respondents, hence the cases are getting delayed, which is beyond anyone's control.

Now CA for OA 34/2016, OA 664/2016, OA 457/2017 have been received by our advocate & now the rejoinder will be filed

 

CLOSURE OF REGISTRATON FOR AFT-28 ( 5 CPC INCORRECT PAY FIXATION OF MAJORS & EQUIVALENTS IN JAN 1996 )

25 Sep 17

Registration has closed on 08 Sep 17 with 106 applicants. Memorandum of parties is under preparation & also preliminary checks. Thereafter

detailed checks of each docu of each applicant will be carried out & reconciled with legal fees payment, TSEWA membership number. Based on past

experience for such a large no of applicants, this is likely to take about 20 days. After final legal brief is prepared & pre filing procedures are carried 

out. Then it will be sent to Legal cell at Gurugram for third level checks.

Gen Secy will thereafter in consultation with Head of legal cell will decide on date of filing. This will depend on  listed priorities & cases in pipeline at

AFT Delhi.

 

REGISTRATION FOR AFT 28 B IS OPEN ( INCORRECT PAY FIXATION OF MAJS & EQUIVALENTS IN JAn 1996 )

28 Sep 17

All India Coordinator - Gp Capt C R R Sastry, Retd, himself a petitioner.

E mail - sastry.crr@gmail.com

Mobile - 8374446108

Please contact him get the forms, duly fill them up & send it back to him on his postal address.

Advocate - Lt Col Ravi Chowdhary, Retd. A practising lawyer at AFT Chennai & Honourable High court , Hyderabad. Himself a petitioner.

The case will be filed in AFT, Chennai,circuit bench Secunderabad. As AFT Delhi is heavily loaded. 

To file the case in Secunderabad only the lead litigant has to be from A. P or Telengana state.

All other applicants can be from any other state.

 

OA 789 /2017

28 Sep 17

Brig S K Rana, VSM, Head Legal Cell has informed that though judgement in  Case OA 789 / 2017 was the fastest in favour of the applicants, the

speaking order by DEFENCE HQ has not yet been received. So after consulting the lawyer it has been decided that the case be filed de novo. Terms of agreement

decided in the beginning are : -

> No legal fees will be charged by the advocate.

> only Rs 2,50,000 /- will be paid by TSEWA for filing the case afresh.

> All applicant members are to file Vakalatnamas & authorisation certificates once again.

> Applicant members are requested to submit the documents to TSEWA HQ at the earliest, so that these van be sent to Legal cell Delhi.

It may be recalled that on 30/05/2017 since the notice by petitioners has not been responded, the court directed the respondents to dispose off the notice with a

speaking order & intimation to all applicants by the competent authority within a period of four months.

It was indeed the fastest favourable judgement in a Group Case.

 

TSEWA WINS BB - 2 CASE IN AFT ( OA 1677 / 2016 )

01 Sep 2017

TSEWA has won BB - 2 case ( OA 1677/ 2016 ). AFT Delhi was pleased to grant prayer of TSEWA to give benefit of Broad banding to all pre 2006

disabled soldiers. The judgement was delivered on 30 Aug 2017 with instructions that arrears will be paid from three years prior to the filing of the 

case in AFT Delhi.

 

PAYMENT OF SPECIAL PENSION TO FLEET RESERVISTS ( Supreme Court order dated 27 Oct 16 )

02 Oct 17 by Cmde Sudheer Parkala, IN, Retd

1. Supreme Court had passed an order dated 27 Oct 16 that all Fleet Reservists who were in service prior to 03 July 1976 & discharged thereafter

be granted SPECIAL PENSION based on the civil appeal 2147/2011 & 8566 / 2014 filed by them. Only the litigants of these two cases were granted

special pension till now.

2. MOD vide their letter dated 26 Sep 2017 has now approved grant of special pension to all affected Sailors without the need for any fresh

litigation.

3. For full details see EVENTS tab.

 

PROGRESS COURT CASES

27 Sep 2017 BY BRIG SKS RANA, VSM, Retd, Head Legal Cell, TSEWA

Please be patient, try to understand that me or any office bearer cannot answer all your Queries.

You also please make an effort.

I do not understand what mode I should follow which can satisfy all members about the progress of a case.

It is not possible for any of us to respond to any one individually.

How can we remember every name & case. I do not understand how to satisfy all members about progress of a case.

It may sound awkward, but it is a fact that members approach us & say they do not know their OA number but want to know all details.

Yet they expect the one man legal commitee & it's legal head, Your's truly to remember their names in a case like OA 34 which has more than 1000

litigants.

When told to see the progress on AFT website they say they do not want todo that & say you find out & let me know.

Last few days there have been some unpleasant mails, I sincerely request that we avoid this.

Progress will be put up on the blog & website.

GO TO EVENTS TAB FOR MORE DETAILS.

 

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