Fwd: Pension in r/o Pre 1996 Majors with 21 Yrs service

[Gadepally Kameswara rao]

Please circulate -- all affected officers may approach their PSAs / PDAs and get the benefit of the judgement.

kamu

---------- Forwarded message ----------
From: Col. Prakash Rao >
Date: Sat, Oct 12, 2013 at 1:33 PM
Subject: Fwd: Pension in r/o Pre 1996 Majors with 21 Yrs service
To:

---------- Forwarded message ----------
From: Ramakrishnan TV
Subject: Pension in r/o Pre 1996 Majors with 21 Yrs service
To:

Dear All,

As per the judgment of ARMED FORCES TRIBUNAL, PRINCIPAL BENCH AT NEW DELHI in  RA 25/2013 with MA 234/2013  in OA 256/2011 delivered on 09 Oct 2013, all Majors who had completed 21 yrs service prior to 1996 are now entitled to Pension of Lt Col(TS).The judgment can be accessed on link

http://www.aftdelhi.nic.in/assets/pending_cases/2013/RA/RA%2025%202013%20Major%20KG%20Thomas-09-10-2013.pdf

The case was a review petition which has been rejected and no leave given for appeal.

Officers may apply quoting this judgment.

1 of 1 File(s)

RA 25 2013 Major KG Thomas-09-10-2013 -Pre 1996 to get Maj with 21 yrs.pdf

__
Brig(Retd) T V Ramakrishnan,_._,___

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Prakash

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                                    courtesy :Zacharaiah: 

                  Lt Col G Kameswara Rao (retd) aka KAMU                                                  

 

[pron...@gmail.com]

Dear Sir,

I retired prematurely on 02 August 1995 on completion of 22 years 3 month commissioned service. I am a short service commissioned officer and was commissioned on 29th April 1973 with seniority date fixed as 26th June 1974, I had completed 21 years one month and 6 days even after adjusting my seniority.

Kindly advise me how I should proceed

Warm regards

Major Gurdeep Singh

IC 33650N

[gre...@gmail.com]

AFT decisions are subject to acceptance by MoD. As AFT can not enforce contempt of court on their orders, if MoD decides not to implement it nothing much can be done accept go to higher court of law for relief. 

Pl correct me if I am wrong. I am not been given my Battle disability pension as I took premature retirement in 2001 after completing 25 years of service even AFT Chandigarh gave orders to MoD to pay me disability pension. 

With warm regards

Col Ajit Rana

Sent from my iPad

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[CS Vidyasagar]

Dear Maj Gurdeep,

 

       All Short service officers granted permanent commissioned can count their pensionable service from date of commission (29 Apr 1973) to date of retirement (2 Aug 1995) which in your case comes to 22 years 3 months. This has to be taken as 22 years ignoring 3 months.

 

      Your pension has to be fixed in terms of PCDA(Pensions) Allahabad Circular No: 14. I am reproducing relevant extract as under :-

 

Para 5(a)(iii):- Officers who become substantive Major on or after 1.1.96 shall be

granted the scale of Pay of Lt. Col. on their stagnation for one year in the revised

scale of Major. Such officer will, however, continue to draw the rank pay of Major.

 

Para 5(a)(iv):- As a one time measure those who become substantive major

before 1.1.96 will be granted the scale of Lt. Col. on completion of 21 years of

commissioned service i.e. in their 22nd year with rank pay of Major.

          Since you retired in Aug 1995, your case comes under para 5(a)(iv). Your pension should be that of Lt Col but with rank pay of Maj. Please write to PCDA(Pensions) Allahabad to instruct them to advice your PDA i.e your bank to grant you pension of Lt Col with rank pay of Maj. Please give a copy of your letter addressed to PCDA to your bank too.

Regards,

Brig(Retd) CS Vidyasagar

On Sunday, October 13, 2013 12:38:03 AM UTC+5:30, Gadepally Kameswara rao wrote:

[gyan misra]

Circular No 14 is applicable only to those Majs, who were in service on 1.1.1996.

On Sunday, October 13, 2013 12:38:03 AM UTC+5:30, Gadepally Kameswara rao wrote:

[Sivasankar Vidyasagar]

Dear Mahavir Sir,

      If you are drawing pension of Maj then you very much eligible to get pension of Lt Col with grade pay of Lt Col.

    Join the bandwagon  to fight the  case in AFT Delhi. Get 50 Majs then TSEWA will file a case by Jan 2016 or Feb 2016.

     You please be coordinator and get me particulars of 50 such Majs. You just float a mail asking all Majs to join you and collect their names, e-mail ids, and mob nos. The day you get 50 Majs then TSEWA will file a case in AFT Delhi in next 15 days.

      Use all social media i.e. e-mails ,course mail gps, SMS, Facebook, Whatsapp to spread this message and get them under your wings. TSEWA will thereafter take over.

     regards,

Brig CS Vidyasagar (Rtd)
9493191380

On Tue, Oct 13, 2015 at 9:05 PM, <mahav...@gmail.com> wrote:

Ic-15979P mahavir singh mahlawat date of retirement  31 Dec.1995 where i stand for Lt Col.s pension pl elucidate

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[MAJOR SATISH KHANNA]

Dear  Brig  Vidyasagar,

Agreed I gave a short reply to Mahavir, but was I off the mark?

Shall be glad to be enlightened.

Respectfully,

Major Satish Khanna (Retd)
(Retd 1980)
QS 21 years+

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From: Sivasankar Vidyasagar
Sent: ‎13-‎10-‎2015 21:44
To: vetera...@googlegroups.com; mahav...@gmail.com
Subject: Re: Pension in r/o Pre 1996 Majors with 21 Yrs service

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[MAJOR SATISH KHANNA]

Brig Vidyasagar,
Is thete a CAFT Ruling in favour of Majors with 21 yrs QS being entitled to Lt Col Pension? I think it is there.

Major Satish Khanna (Retd)

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From: Sivasankar Vidyasagar
Sent: ‎13-‎10-‎2015 21:44
To: vetera...@googlegroups.com; mahav...@gmail.com

Subject: Re: Pension in r/o Pre 1996 Majors with 21 Yrs service

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[Sivasankar Vidyasagar]

Dear Maj Satish Sir,

    I am not very sure whether there is any such judgment. But Maj GS Virk says they filed a case in AFT Chandigarh and next hearing is sometime in Oct 2015.

    Let us wait and I am very sure the judgment will be positive to all Majs.

     regards,

Brig CS Vidyasagar (Rtd)
9493191380

[MAJOR SATISH KHANNA]

I will look up my pension file & dig into it.

Pl bear with me, till then.

Satish Khanna

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From: Sivasankar Vidyasagar
Sent: ‎13-‎10-‎2015 22:15
To: vetera...@googlegroups.com; Major Satish Khanna

[Major Satish Khanna]

Dear Brig Vidyasagar,

Does Circular No. 14 of 02.01.2013 help which clarifies our case of Majors under SAI 2/S/98 Para v(b) being covered as a "ONE TIME CASE" mentioned therein ref to offrs / Majors with QS of 21 years 7 being given pay of Lt Col at the start of their 22nd year of service.

I have copies of this circular & shall be happy to share with you

i took up my case with CDA(O) / PCDA (P) but it was turned down stating that I had already retired and was not in service.  But then how does it cover majors as an exception "ONE TIME Exception"

Pl read & share yr views.  Thank you

Major Satish Khanna

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Major Satish Khanna
33, Prithvi Raj Road (Suite # 6-B)
New Delhi - 110 011 (India)
E Mail: jonahjo...@gmail.com
Tele: +91-11-24694311 / +91-9818694373

[Sivasankar Vidyasagar]

Dear Maj Satish Sir,

    I have Circular 14 and also SAI 1/S/1998 para 5. What can one say when PCDA(O) Pune and Allahabad do not implement their own orders / circulars.

    The only way adopted by Maj KG Thomas who approached is to file a case in AFT Delhi and got his pension of Lt Col (TS) with grade pay of Maj.

     Let us see outcome of petition filed by PMME gp of Maj GS Virk in AFT Chandigarh which is likely to be disposed off hopefully favourable to all of you anytime in Oct 2015.

regards,

Brig CS Vidyasagar (Rtd)
9493191380

 

[inderk...@gmail.com]

ic21545L Major Inder Kumar Hasija Date of commission 09 Feb 1964 ( EC commission EC 56321 )

Date of Retirement October 1985 after 21 years & 08 months commissioned service( Maratha L I. )