Dear Veterans,
The favourable Verdict of ATF, in Majors' Pension case was expected & I had pointed this out when the case was filed by Lt Cdr Avtar singh. The success is mainly due to the fact that the case was not filed, siting various other cases where the SC, to the interpretation of some Veterans, had pointed towards the acceptense of the priciple of OROP. This case was mainly fought on the merits of interpretaion of a Govt Order, which was a blatant & deliberate misinterpretation. The following quote from Maj Navdeep Singh is valid.
"To be fair to the Department of Pensions and Pensioners’ Welfare, they tried their best to reason out with the Department of Expenditure that their (DOE's) interpretation of pension fixation for pre-2006 retirees was not right and that it needed to be corrected and the clarification revised. But despite the fact that the Ministers (MoS) of both the Finance and the Personnel Ministries were in favour of the correction in the right spirit of the 6th CPC recommendations, it was ensured by the lower level babus at the Ministry of Finance that it did not happen. The case was taken up time and again by the DoP&PW but was always rejected by the DoE".
However, this victoty is not a pointer towards OROP at all. But contrary to the usual practice, the Govt may not prefer an appeal against the Verdict in the SC, because the case so far was pursued by very low level bureaucrats of the concerned Ministry.
Veteran Raman
Col (Retd) TN Raman
E5/230, AWHO Parameswaran Vihar,
67, Arcot Road, Saligramam,
Chennai 600093
Tuesday, September 14, 2010
AFT judgement in favour of Major's Equivalent
From: avtar singh avtar_singh10@hotmail.com
Subject: Major Case with AFT Delhi
To:
Cc: DELETED
Date: Tuesday, 14 September, 2010, 1:48 PM
Dear All,
I am pleased to inform you that we have won the case filed with AFT Delhi
Regards
Avtar Singh
14-9-2010
------------
From: CDR BALAJI [mailto:balajicso@yahoo.co.in]
Sent: 14 September 2010 03:31
To: avtar singh
Cc: DELETED – PLEASE MAKE USE OF BCC MODE OF ADDRESSEES. YOU ARE ENDANGERING EMAIL IDs OF YOUR FRIENDS.
Subject: Re: Major Case with AFT Delhi
Dear Sir,
Good News and Heartiest Congratulations to your goodself for spearheading the same on behalf of Majors and Eqv. I do understand that the Judgement Copy would take some time. However, in the interim if you could enlighten us on the main issues on which the AFT has passed the Judgement, we would indeed be obliged.
Needless, to state that the GOI would appeal against the Judgement in the Supreme Court, but I am positive we would win the case, as it is indeed a case of blatant injustice.
Regards,
L/Cdr GK Balaji
Member, Pension Cell IESM
99625-00199
Subject: Major Case with AFT Delhi
To:
Cc: DELETED
Date: Tuesday, 14 September, 2010, 1:48 PM
Dear All,
I am pleased to inform you that we have won the case filed with AFT Delhi
Regards
Avtar Singh
14-9-2010
------------
From: CDR BALAJI [mailto:balajicso@yahoo.co.in]
Sent: 14 September 2010 03:31
To: avtar singh
Cc: DELETED – PLEASE MAKE USE OF BCC MODE OF ADDRESSEES. YOU ARE ENDANGERING EMAIL IDs OF YOUR FRIENDS.
Subject: Re: Major Case with AFT Delhi
Dear Sir,
Good News and Heartiest Congratulations to your goodself for spearheading the same on behalf of Majors and Eqv. I do understand that the Judgement Copy would take some time. However, in the interim if you could enlighten us on the main issues on which the AFT has passed the Judgement, we would indeed be obliged.
Needless, to state that the GOI would appeal against the Judgement in the Supreme Court, but I am positive we would win the case, as it is indeed a case of blatant injustice.
Regards,
L/Cdr GK Balaji
Member, Pension Cell IESM
99625-00199
Monday, August 16, 2010
Denial of enhanced pension to 'Widows'
Date: Sun, 15 Aug 2010 08:52:36 +0530
Subject: [CoreGpIESM] Re: [MilitaryVeterans] Re: ESM Sitrep 12 Aug Evening : Denial of enhanced pension to 'Widows'
Dear Sir
The tables on page 94 of the letter implementing the 6PC clearly show that the pension is 60% of the maximum pension of the rank.
It has nor relevance to the length of service.
Government contention is therefore not correct that the family pension is based on length of service.
It was possible to pay the widows the pension of the rank.
Brgds
R W Pathak
Cdr Ravindra Waman Pathak I.N.(Retd)
Member and Coordinator IESM Pension Cell
(Mobile 919822329340)
Subject: [CoreGpIESM] Re: [MilitaryVeterans] Re: ESM Sitrep 12 Aug Evening : Denial of enhanced pension to 'Widows'
Dear Sir
The tables on page 94 of the letter implementing the 6PC clearly show that the pension is 60% of the maximum pension of the rank.
It has nor relevance to the length of service.
Government contention is therefore not correct that the family pension is based on length of service.
It was possible to pay the widows the pension of the rank.
Brgds
R W Pathak
Cdr Ravindra Waman Pathak I.N.(Retd)
Member and Coordinator IESM Pension Cell
(Mobile 919822329340)
Denial of enhanced pension to 'Widows'
From: IESM_GovBody@yahoogroups.com [mailto:IESM_GovBody@yahoogroups.com] On Behalf Of pravesh renjen
Sent: 15 August 2010 04:57
To: Governing Body
Cc: Core Group
Subject: [IESM_GovBody] RE: [CoreGpIESM] Re: [MilitaryVeterans] Re: ESM Sitrep 12 Aug Evening : Denial of enhanced pension to 'Widows'
Reference email from Cdr Pathak below.
Entirely true. Para 5 of the GoI Deptt of ESW letter dt 11 Nov 2008 on pensions clarifies this amply. To quote; family pension ----, in no case, shall be lower than thirty percent of the sum of the minimum of the pay in the pay band and the grade pay thereon corresponding to the pre-revised pay sacle in which the pensioner/ deceased Armed Force personnel had retired/ died including military service pay and 'X' Group pay where applicable.
There is no doubt.
God Bless,
Pravesh Renjen (Maj Gen PK Renjen, Member IESM Governing Body)
Sent: 15 August 2010 04:57
To: Governing Body
Cc: Core Group
Subject: [IESM_GovBody] RE: [CoreGpIESM] Re: [MilitaryVeterans] Re: ESM Sitrep 12 Aug Evening : Denial of enhanced pension to 'Widows'
Reference email from Cdr Pathak below.
Entirely true. Para 5 of the GoI Deptt of ESW letter dt 11 Nov 2008 on pensions clarifies this amply. To quote; family pension ----, in no case, shall be lower than thirty percent of the sum of the minimum of the pay in the pay band and the grade pay thereon corresponding to the pre-revised pay sacle in which the pensioner/ deceased Armed Force personnel had retired/ died including military service pay and 'X' Group pay where applicable.
There is no doubt.
God Bless,
Pravesh Renjen (Maj Gen PK Renjen, Member IESM Governing Body)
Monday, August 9, 2010
Maj Gen Pension Victory deflated by GOI
Maj Gen Pension Victory deflated by GOI
Hello every one,
Our SC case came up for hearing yesterday & Naresh & myself were present in the Court. Our Senior Counsel Nidhesh Gupta got up to argue the case
& the Govt Chart that they had given us .But the Govt lady counsel immediately got up & said it was not possible to discuss the case off hand & we must file a counter affidavit .
Justice Altamas Kabir agreed with her & the case is adjourned to 9th Sep & before that we have to give them our affidavit 10 days in Advance.
Thus another day was wasted & the never ending saga goes on & on . But I suppose one has to bear with system , I can however, assure you that it is NO joke to attend the hearing in this heat. !
All the same we have taken the responsibility so there is NO problem at all.
Please inform all your friends who are affected.
Warm regards
Satish
Maj Gen SC Suri (Retd)
Posted by Indian ExServicemen Movement at 11:18 PM
Hello every one,
Our SC case came up for hearing yesterday & Naresh & myself were present in the Court. Our Senior Counsel Nidhesh Gupta got up to argue the case
& the Govt Chart that they had given us .But the Govt lady counsel immediately got up & said it was not possible to discuss the case off hand & we must file a counter affidavit .
Justice Altamas Kabir agreed with her & the case is adjourned to 9th Sep & before that we have to give them our affidavit 10 days in Advance.
Thus another day was wasted & the never ending saga goes on & on . But I suppose one has to bear with system , I can however, assure you that it is NO joke to attend the hearing in this heat. !
All the same we have taken the responsibility so there is NO problem at all.
Please inform all your friends who are affected.
Warm regards
Satish
Maj Gen SC Suri (Retd)
Posted by Indian ExServicemen Movement at 11:18 PM
Sunday, August 8, 2010
Well Done every one at Pune
---------- Forwarded message ----------
From: Shashank Bendre
Date: 9 August 2010 10:08
Subject: [pensioncell_iesm] Pension Case-W/C Aroskar
To: IESM Pension Group
Dear All,
Wg. Cdr. Aroskar's (1996 retiree) pension was not revised by his PDA , The Bank of Maharashtra after Wg.Cdrs were placed in PB-4 and was being paid about Rs. 13000/- less than what he should have got with basic pension at Rs.25700/-. Unfortunately he suffers from a medical problem and therefore was not in a position to know that he was being denied correct amount of pension. Since I know Aroskar personally, I guided his wife and daughter in taking up the matter with the bank. They got the correct pension and the arrears in July 2010. The manager of the branch was unhelpful but after fighting the case, the bank paid interest on arrears at 8 % too.
In this case, Gp.Capt Phatak took a lot of pains to guide me and also brought up the matter with the CMD of the bank who was very symphathetic towards pensioners and especially the veterans.
This case shows that with proper guidance and effort. pensioners can get their dues. However, there would be countless number of pensioners and families of PBOR and those in small towns and villages, who are being denied their rightful dues but are unaware of it.
I am very thankful to G/C Phatak and Cdr. Ravindra Pathak of Pension Cell for their active help and guidance to me.
Regards,
Shashank Bendre
Wg. Cdr. (Retd)
From: Shashank Bendre
Date: 9 August 2010 10:08
Subject: [pensioncell_iesm] Pension Case-W/C Aroskar
To: IESM Pension Group
Dear All,
Wg. Cdr. Aroskar's (1996 retiree) pension was not revised by his PDA , The Bank of Maharashtra after Wg.Cdrs were placed in PB-4 and was being paid about Rs. 13000/- less than what he should have got with basic pension at Rs.25700/-. Unfortunately he suffers from a medical problem and therefore was not in a position to know that he was being denied correct amount of pension. Since I know Aroskar personally, I guided his wife and daughter in taking up the matter with the bank. They got the correct pension and the arrears in July 2010. The manager of the branch was unhelpful but after fighting the case, the bank paid interest on arrears at 8 % too.
In this case, Gp.Capt Phatak took a lot of pains to guide me and also brought up the matter with the CMD of the bank who was very symphathetic towards pensioners and especially the veterans.
This case shows that with proper guidance and effort. pensioners can get their dues. However, there would be countless number of pensioners and families of PBOR and those in small towns and villages, who are being denied their rightful dues but are unaware of it.
I am very thankful to G/C Phatak and Cdr. Ravindra Pathak of Pension Cell for their active help and guidance to me.
Regards,
Shashank Bendre
Wg. Cdr. (Retd)
Monday, July 5, 2010
4th Pay Commission anomaly By Lt Col BL Sharma..President RDOA
4th Pay Commission anomaly By Lt Col BL Sharma..President RDOA
Dear Veteran,
It has come to our notice that some of the lawyers at chandigarh & Delhi are misleading the armed forces officers and spinning money on 4th Pay commission anomaly case from officers. Please beware of such unethical fellows. Case is in Supreme Court. Ruling/Decision of HC or AFT is not valid.
The UOI has gone in for appeal in the supreme court against the SC Order of 08 Mar 2010..The courts are opening today i.e 05th July 2010.Depending upon its listing the case will be heard and decision given. Supreme Court's decision will be binding on all litigations in the country. There is no need to pay any money to anybody. Kindly wait for the Supreme Court decision. Thereafter RDOA will take it up for implementation. All officers are requested to have patience and donot get trapped
President, RDOA
Dear Veteran,
It has come to our notice that some of the lawyers at chandigarh & Delhi are misleading the armed forces officers and spinning money on 4th Pay commission anomaly case from officers. Please beware of such unethical fellows. Case is in Supreme Court. Ruling/Decision of HC or AFT is not valid.
The UOI has gone in for appeal in the supreme court against the SC Order of 08 Mar 2010..The courts are opening today i.e 05th July 2010.Depending upon its listing the case will be heard and decision given. Supreme Court's decision will be binding on all litigations in the country. There is no need to pay any money to anybody. Kindly wait for the Supreme Court decision. Thereafter RDOA will take it up for implementation. All officers are requested to have patience and donot get trapped
President, RDOA
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