Dear Sir,
1. I am Brig CS Vidyasagar (Retd), President, T SEWA. This message is to inform you that your commutation can be stopped after 11.50 years and you will get full pension restored thereafter. Presently your Pension Disbursing Agency (PDA) i.e. CPPC of Banks or SPARSH if you are migrated continue to recover your commutation instalments till you complete 15 years. Therefore you will be unnecessarily paying commutation for 4.50 years of 54 months. It is as good as donating to Govt of India. Please accord highest priority to this important issue.
2. The Hon'ble AFT, PB, New Delhi vide their OA No: OA 2366/2024 with MA 2813/2024 (copy attached) have ordered stoppage of any further recovery of commutation if the pensioner has paid commutation over the last 11.50 years. The direction by AFT is to the pension disbursing agency (PDAs) i.e. CPPCs of Banks or SPARSH. Therefore the PDAs will restore your full pension if AFT gives a judgment in your favour after 11.50 years of your retirement.
3. Even if you have retired in 2024, your commutation recovery will be stopped after 11.50 years provided you join the legal case and your name is included in the judgment of AFT. Otherwise SPARSH will recover your commutation for 15 years from date of remittance of commutation into your bank. If you retired less than 11. 50 years back, you are eligible to approach AFT, PB, New Delhi to get stay on recovery of commutation as Govt of India, Min of Def has recovered the full commutation amount in 11.50 years. This is because the interest rate charged by the Govt of India was high by which your entire commutation received at the time of retirement has been fully recovered in 11.50 years of your retired life (as presently the bank interest rates have been lesser than what Govt of India charged when they remitted your commutation). You will get full pension without any recovery after that period of 11.50 years. If your commutation over 15 years has already been recovered, then this message is not for you.
4. Loss if You Do Not Join the Proposed Legal Case of T SEWA. What is the loss you will suffer if you do not join the proposed legal case to stop commutation recovery and restore full pension after 11.50 years of recovery? You as a pensioner is entitled to commute 50% of your pension. You know how much is your commutation amount (generally 50% of your pension at the time of retirement). The loss is for 4.50 years which means it is your commutation instalment per month x 54 months. The minimum commutation instalments for various ranks depends upon the Last Drawn Emolument (Matrix Pay + MSP for Officers and Matrix Pay + MSP + X group pay for JCOs /OR). Once you get full pension after 11.50 years of recovery you will get full pension and you will pay more income tax which is generally as a thumb rule can be taken as 15% for Officers and may be less for JCOs /OR. Your pension is likely to be revised w.e.f. Jul 2024. But let us try to understand how much you may lose if you retired and your 11.50 years is over say by Jan 2025 i.e. Let us say you retired in Jul 2014. If you join the legal case of T SEWA now you will get full pension by Jan 2025. For a Major with 21.50 years or more of service your pension as on today is Rs 68,550 per month (pm). Assuming you commuted 50% of your pension to get lumpsum amount at the time of your retirement in Jul 2014, then your commutation instalment is Rs 34, 225 pm (50% of Rs 68,550). If you do not join then your PDA (Pension Disbursing Agency like CPPC of your Bank or SPARSH if you are migrated) will continue to recover Rs 34,225 pm till Jul 2029. But if you join the proposed legal case then your recovery will be stopped after 11.50 years i.e. by Jan 2025. If you do not join, you lose unnecessarily Rs 34,225 pm from Jan 2025 to Jul 2029.
5. Worst Suffers. Colonels (TS) to Lt Gens / Army Cdrs who retired in the year 2013 or later are the worst sufferers who will lose half their pension for 4.50 years if they do not join the proposed legal case. Your legal fees is not even 20 % of what you be saving in one month. For example one gains in the 4.50 years or 54 months by officers of the following ranks till Jun 2024 (i.e. those who retired by Jan 2013 or even earlier).
(a) Col (TS) & Col (SG) with 33 years of service : Rs 105175 x 0.50 x 0.85 = Rs 44,700 pm (since full pension will be restored after 11.50 years but you have to pay income tax on full pension which is generally 15% of pension).
(b) Brig with 33 years of service : Rs 108800 x 0.50 x 0.85 = Rs 46,240 pm.
© Maj Gen with 33 years of service : Rs 109100 x 0.50 x 0.85 = Rs 46,368 pm.
(d) Lt Gen (HAG) = Rs 112050x 0.50x 0.85 = 47,621 pm
(e) Lt Gen (HAG+) = Rs 112200 x 0.50 x 0.85 = Rs 47685 pm
(f) Army Cdr : Rs 112500 x 0.50 x 0.85 = Rs 47,813 pm
6. All those who retire in subsequent years i.e. 2025 are going to suffer much more as OROP-III will kick in from Jul 2024 and their commutation amount will be much higher. You sit in the confines of your home, T SEWA will do all the work to file the case in AFT, PB, New Delhi if you are willing to join as a petitioner to get the benefit of stoppage of any more recovery of commutation amount once you remitted commutation EMIs over 11.50 years. Unless your name is in the OA of the AFT, PB, New Delhi, your PDA will continue to recover your EMI instalments till 15 years is completed and your will suffer financially.
7. If you are willing to join the legal case, do send me your willingness with the following documents to my email address: brigvidya.grievances@gmail.
(a) Your Service Number, Rank, Full Name.
(b) PPO or E-PPO or SPARSH PPO.
(c) Pension Slip.
(d) Your Postal Address.
(e) Your Mobile No both Calling and WhatsApp.
(f) Commutation Amount received at the time of your retirement, date commutation amount remitted by CPPC of your bank at the time of your retirement and amount of commutation instalment being recovered every month by PDA and end date of commutation if it is only 11.50 years. Thereafterm your full pension without commutation will be restored.
8. Next Step. T SEWA office will create a WhatsApp group so that it is much easier to communicate with all the petitioners. Then two sets of legal documents will be sent on-line to all the petitioners. One set is sample one which you see to fill up the second set of Blank documents. Enter your particulars as shown in the sample documents. You got to get one affidavit notarised by your local notary. You have to send these documents in hard copy by speed post to office of T SEWA. Once judgment comes, we will send you a copy so that you can then take it up with your PDA to stop recovery of your commutation amount and restore full pension. We expect to file the case in AFT, PB, New Delhi by 15 Sep 2024 if we get 50 petitioners and expect to get judgment by end of Dec 2024. Therefore, you join only if you retired on or after Jul 2013.
9. Kindly share this message of mine whom you may know who are not members of T SEWA so that they can also join this proposed legal case. The earlier we file the case in AFT, PB, New Delhi, earlier is your stoppage of commutation of recovery take place and you get full pension. Even those who retired in 2024 will also get a benefit.
warm regards,
Brig CS Vidyasagar (Retd)
1. I am Brig CS Vidyasagar (Retd), President, T SEWA. This message is to inform you that your commutation can be stopped after 11.50 years and you will get full pension restored thereafter. Presently your Pension Disbursing Agency (PDA) i.e. CPPC of Banks or SPARSH if you are migrated continue to recover your commutation instalments till you complete 15 years. Therefore you will be unnecessarily paying commutation for 4.50 years of 54 months. It is as good as donating to Govt of India. Please accord highest priority to this important issue.
2. The Hon'ble AFT, PB, New Delhi vide their OA No: OA 2366/2024 with MA 2813/2024 (copy attached) have ordered stoppage of any further recovery of commutation if the pensioner has paid commutation over the last 11.50 years. The direction by AFT is to the pension disbursing agency (PDAs) i.e. CPPCs of Banks or SPARSH. Therefore the PDAs will restore your full pension if AFT gives a judgment in your favour after 11.50 years of your retirement.
3. Even if you have retired in 2024, your commutation recovery will be stopped after 11.50 years provided you join the legal case and your name is included in the judgment of AFT. Otherwise SPARSH will recover your commutation for 15 years from date of remittance of commutation into your bank. If you retired less than 11. 50 years back, you are eligible to approach AFT, PB, New Delhi to get stay on recovery of commutation as Govt of India, Min of Def has recovered the full commutation amount in 11.50 years. This is because the interest rate charged by the Govt of India was high by which your entire commutation received at the time of retirement has been fully recovered in 11.50 years of your retired life (as presently the bank interest rates have been lesser than what Govt of India charged when they remitted your commutation). You will get full pension without any recovery after that period of 11.50 years. If your commutation over 15 years has already been recovered, then this message is not for you.
4. Loss if You Do Not Join the Proposed Legal Case of T SEWA. What is the loss you will suffer if you do not join the proposed legal case to stop commutation recovery and restore full pension after 11.50 years of recovery? You as a pensioner is entitled to commute 50% of your pension. You know how much is your commutation amount (generally 50% of your pension at the time of retirement). The loss is for 4.50 years which means it is your commutation instalment per month x 54 months. The minimum commutation instalments for various ranks depends upon the Last Drawn Emolument (Matrix Pay + MSP for Officers and Matrix Pay + MSP + X group pay for JCOs /OR). Once you get full pension after 11.50 years of recovery you will get full pension and you will pay more income tax which is generally as a thumb rule can be taken as 15% for Officers and may be less for JCOs /OR. Your pension is likely to be revised w.e.f. Jul 2024. But let us try to understand how much you may lose if you retired and your 11.50 years is over say by Jan 2025 i.e. Let us say you retired in Jul 2014. If you join the legal case of T SEWA now you will get full pension by Jan 2025. For a Major with 21.50 years or more of service your pension as on today is Rs 68,550 per month (pm). Assuming you commuted 50% of your pension to get lumpsum amount at the time of your retirement in Jul 2014, then your commutation instalment is Rs 34, 225 pm (50% of Rs 68,550). If you do not join then your PDA (Pension Disbursing Agency like CPPC of your Bank or SPARSH if you are migrated) will continue to recover Rs 34,225 pm till Jul 2029. But if you join the proposed legal case then your recovery will be stopped after 11.50 years i.e. by Jan 2025. If you do not join, you lose unnecessarily Rs 34,225 pm from Jan 2025 to Jul 2029.
5. Worst Suffers. Colonels (TS) to Lt Gens / Army Cdrs who retired in the year 2013 or later are the worst sufferers who will lose half their pension for 4.50 years if they do not join the proposed legal case. Your legal fees is not even 20 % of what you be saving in one month. For example one gains in the 4.50 years or 54 months by officers of the following ranks till Jun 2024 (i.e. those who retired by Jan 2013 or even earlier).
(a) Col (TS) & Col (SG) with 33 years of service : Rs 105175 x 0.50 x 0.85 = Rs 44,700 pm (since full pension will be restored after 11.50 years but you have to pay income tax on full pension which is generally 15% of pension).
(b) Brig with 33 years of service : Rs 108800 x 0.50 x 0.85 = Rs 46,240 pm.
© Maj Gen with 33 years of service : Rs 109100 x 0.50 x 0.85 = Rs 46,368 pm.
(d) Lt Gen (HAG) = Rs 112050x 0.50x 0.85 = 47,621 pm
(e) Lt Gen (HAG+) = Rs 112200 x 0.50 x 0.85 = Rs 47685 pm
(f) Army Cdr : Rs 112500 x 0.50 x 0.85 = Rs 47,813 pm
6. All those who retire in subsequent years i.e. 2025 are going to suffer much more as OROP-III will kick in from Jul 2024 and their commutation amount will be much higher. You sit in the confines of your home, T SEWA will do all the work to file the case in AFT, PB, New Delhi if you are willing to join as a petitioner to get the benefit of stoppage of any more recovery of commutation amount once you remitted commutation EMIs over 11.50 years. Unless your name is in the OA of the AFT, PB, New Delhi, your PDA will continue to recover your EMI instalments till 15 years is completed and your will suffer financially.
7. If you are willing to join the legal case, do send me your willingness with the following documents to my email address: brigvidya.grievances@gmail.
(a) Your Service Number, Rank, Full Name.
(b) PPO or E-PPO or SPARSH PPO.
(c) Pension Slip.
(d) Your Postal Address.
(e) Your Mobile No both Calling and WhatsApp.
(f) Commutation Amount received at the time of your retirement, date commutation amount remitted by CPPC of your bank at the time of your retirement and amount of commutation instalment being recovered every month by PDA and end date of commutation if it is only 11.50 years. Thereafterm your full pension without commutation will be restored.
8. Next Step. T SEWA office will create a WhatsApp group so that it is much easier to communicate with all the petitioners. Then two sets of legal documents will be sent on-line to all the petitioners. One set is sample one which you see to fill up the second set of Blank documents. Enter your particulars as shown in the sample documents. You got to get one affidavit notarised by your local notary. You have to send these documents in hard copy by speed post to office of T SEWA. Once judgment comes, we will send you a copy so that you can then take it up with your PDA to stop recovery of your commutation amount and restore full pension. We expect to file the case in AFT, PB, New Delhi by 15 Sep 2024 if we get 50 petitioners and expect to get judgment by end of Dec 2024. Therefore, you join only if you retired on or after Jul 2013.
9. Kindly share this message of mine whom you may know who are not members of T SEWA so that they can also join this proposed legal case. The earlier we file the case in AFT, PB, New Delhi, earlier is your stoppage of commutation of recovery take place and you get full pension. Even those who retired in 2024 will also get a benefit.
warm regards,
Brig CS Vidyasagar (Retd)
Exp:55%
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