Large number of Havildars granted rank of Hony Nb Sub are approaching TSEWA to get them pension of Nb Sub.
As on today they are getting pension of Havildar plus Rs 226 only and not that of Nb Sub though there are Govt orders to this effect. This is result of little games played by little bureaucrats in Min of Def.
This matters has been examined with the available judgments. We found hon’ble Supreme Court dismissed review petition filed by Govt of India in Sohan Lal Bawa Vs Union of India in Civil Appeal No 13139 of 2011. Hence all pre – 2006 Hony Nb Subs are eligible to get pension of Nb Sub w.e.f. Jan 2006.
The AFTs Kochi, Chandigarh, Principal Bench, New Delhi and AFT Chennai ruled that all pre – 2006 Hony Nb Subs are to be granted pension of Nb Sub w.e.f. Jan 2006. The arrears on this account comes to Rs 2,40,897. All AFTs mentioned above have ruled that Govt of India has to pay them arrears from Jan 2006.
The Govt of India vide their letter No: 1(1)/88/D (Pen/Sers) dt 06 Nov 1991 enhanced pension of Havildars granted rank of Hony Nb Sub sum of Rs 100 over and above that of pension of Hav. This was further increased to Rs 226 vide Min of Def letter No: PC 10(1)/2009 D (Pen/Pol) dt 08 Mar 2010.
These enhancements were pronounced as not correct and all AFTs without exception ruled that hony Nb Subs are to be paid pension of Nb Sub w.e.f. Jan 2006. Only those hony Nb Subs who went to AFTs got pension of Nb Sub.
So all those hony Nb Subs who are still getting pension of Hav + Rs 226 are required to file a case in AFT to get pension of Nb Sub.
All Hony Nb Subs who want to get pension of Nb Sub are requested to intimate me your willingness. If TSEWA gets adequate number of litigants, we will fix legal fee in consultation with our legal counsel in Delhi as the case is intended to be filed in AFT (PB) Delhi at the earliest. Since we have judgments of hon’ble AFTs and hon’ble Supreme Court in our favour, we are sure to win this case at very low legal fee. All officers are requested to pass on this mail to known NCOs and put it in various mail groups.
All Hony Nb Subs are requested to intimate your willingness to join as litigants as Gp Capt CRR Sastry our legal expert will go to New Delhi to discuss this case with our legal counsel of AFT (PB) Delhi by 10 Feb 2016.
regards,
Brig CS Vidyasagar (Rtd) 9493191380; csvidyasagar@gmail.com
Exp:55%
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