Dear Brig Vidyasagar,
1. This has reference to my
telecon with you today, a couple hours back and discourtesy shown
by you by banging my call abruptly.
2. Today I complete 75
years of my existence. I feel terribly sorry to shoot out a mail like this
and spoil an otherwise solemn occasion for me. I am deeply pained and
cannot wait for tomorrow in convey-ing my feelings & what I wanted to
discuss with you.Had you shown some patience to listen to me this
unpleasant communication could have been avoided . Unpleasant
because, having been conceived, nurtured and brought up this organisation
called TSEWA, you certainly do not
deserve to receive a communication like this from me.
3. I know you do not have
any patience to hear even a genuine advice from any member of
TSEWA since you believe that you are all in all and the supreme
authority in TSEWA, whatever you think and understand is gospel
truth & whenever you get slightest oppo- rtunity you
do not mind beating your own drum and blowing your own trumpet
and publicise that TSEWA headed by you is the most democratic
organisation! You do not seem to realise that TSEWA has become an
organisation absolutely domineered by itsChairman, under you. A
recent example is that you turned down suggestion by Col Ajith Singh Rana
for filing a case through TSEWA for IT relief for war wounded
veterans . You often forget that there are others also who had put in lot
of hardwork and dedicated service in bringing up TSEWA to its
current status and that you are duty bound to listen to their
suggestions also. I myself had single handedly and tirelessly worked over couple
of years and co-ordi-nated three cases( having been nominated by
TSEWA) & remitted over Rs25.00 lakhs towards the legal charges
, from 500 odd litigants. I did not ask for/accept even a
single rupee from TSEWA for the efforts put in and rendered
absolutely voluntary service( no regret on that). Filing AFT Case No-6,
was perhaps a milestone in the progress of TSEWA because it had
enhanced its credibility as an ex-servicemen welfare
oriented organisation, apart from the fact that legal fee collected turned
out to be the much needed seed money for the organisation ! In spite
of that, you did not accept my proposal for filing a
case to remove a great anomaly in the OROP sanctioned w e f 01 Jul 2014,
wherein Senior Officers are getting less pension than their
juniors(I , as a Selection Grade Lt Col who had put in 11 years service in that
rank get much less pension than some Lt Cols who had put in
One year service in that rank) because of flawed interpretation
of the term 'equal service'. Not only that you had ridiculed
me mentioning that I was/am jealous of those who are getting more
pension than me. On that occasion, I l kept quiet and filed the case in
AFT Delhi directly w/o going through TSEWA, because I didn't want to
vitiate the atmosphere in the organisation. However, this time your
mis-behaviour can not be condoned, because it affects not only me but host of
litigants in various cases coordinated by me on behalf of TSEWA. Having
been instrumental in collecting money ( legal charges) and remitting to
TSEWA, am I not answerable to litigants and give them a satisfa-ctory answer
on progress of the cases? Similarly, since I remitted the legal fee
to TSEWA, are you not, as the Chairman (or someone on your
behalf) answerable to me(on behalf of the litigants) and inform the
progress & hold up in the cases for which I acted as
Coordinator? Your arrogance in banging my call is not acceptable at all
,Brig! You had chosen to render public service through an
Association of Tri-Services Veterans and can not turn your back
whenever you feel like doing so and become discourteous
to its illustrious members who also had contributed in
abundance in bringing up the credibility, name & fame that TSEWA
enjoys today.
4. When I rang you up today,
first thing I asked was whether you can spare couple of minutes and hear what
I wanted to tell you. Though gladly answered in affirmative, you
started interfering even before I could utter the first sentence . The moment I
mentioned AFT cases, you started yelling courts are closed etc.
etc. You seem to have, perhaps, forgotten, I also keep myself
abreast with what is going on in the country and am aware all
courts are closed during this shutdown . You did not have the patience
and disconnected the call abruptly. Though I made an attempt
to reconnect and complete what I wanted to tell, you did not show the
basic courtesy and banged the telephone again ! I
was extremely polite , from my side, and had shown
no dis-respect to you .Your uncalled for action of
disconnecting the call pained me beyond comprehension
and hence this mail.
5. I didn't want to
put the points which I was to discuss with you in public
domain. Only thing I wanted was to seek your opinion
and know from you the future course of action on the cases already
filed through TSEWA and those in the pipeline for filing(
pipeline for the past two or more years). Your discourtesy has forced me
to go public with the points raised below and seek opinion of the
affected litigants (I do not require any response from you now). The points are
:-
a) As
intimated through the forum of TSEWA mail groups, we were
given to understand AFT Case OA 34/2016 had reached argument stage
and verdict would come through in a short time. Today also ,
the moment I mentioned about OA 34/2016, you told me
that the case is in argument stage. When I told your contention is wrong,
you became furious and left the telephone. As for the progress of the
case please see the Court Order of AFT Delhi , dated
1703/2020. The fact is that none of the Services HQ have so far submitted
the CA, without which the case could not proceed further. Why was then? ,
a false impression was created that the case is nearing
culmination? The Court Order mentioned is attached.
b) So far ,
none of the new cases filed by TSEWA has shown satisfactory progress. In
TSEWA sponsored cases, only disability pension related cases have
been won. This was obvious since already there was a precedence set by verdict
of Chandigarh AFT. What about other cases? . I had myself mailed you
including your Legal Team and TSEWA Legal representative at New Delhi and
brought out the slow progress that the case (AFT Case No:6- Col(TS) Pension
Case -1) was making. I do not remember to have received a
satisfactory reply from any one of you , on not even a single occasion
! I do understand , we have to wait for the court has to reopen,
for further progression of the already filed cases.
c) However,
seeing the slow progress and not even lukewarm response
from TSEWA, I had suggested long back that the cases waiting in
pipeline must be called off and legal fee should be re-funded to those who are
interested to get it back. So many litigants who had joined the
cases through me have contacted for refund. There had been no outcome of
my communication to you, except that you diverted the responsibility to
your Legal Team & Legal representative at Delhi, who, it seems,
have taken an oath to keep mum (they always have excuse that they did
not receive such mail). If you have not taken any action on
this suggestions, is there any thing wrong if I believe/presume that
you have already made payment to the Lawyer far in excess of what
he has done so far & put yourself an inexplicable
situation. My Dear Brig, all these matters have to be absolutely
transparent and you owe a satis-factory reply to the litigants who had
bet on the promises made by you that TSEWA is capable of and will
win the cases
FOR ATTENTION OF LITIGANTS IN
VARIOUS TSEWA SPONSORED CASES
6. Those who are litigants
of TSEWA sponsored cases which have not been filed so far( not filed
for the past two years or more) are requested to kindly respond to TSEWA
under intimation to me.
Regards,
Lt Col K P Radhakrishnan
(Retd)
9448350925(mob),080-25830710(res)
E-1/175, Sobha Hibiscus,
Bellandur
Post, Bangalore-560103
======================================================
COURT No. 2, ARMED FORCES TRIBUNAL,
PRINCIPAL BENCH, NEW DELHI 23.
OA 34/2016 with MA 14/2016
Brig S.K.S.Rana (Retd.) & Ors. ......Applicants
Versus
Union of India & Ors. .......Respondents
For Applicant : Mr. Anil Srivastava,Advocate
For Respondents : Mr. K.S.Bhati,Sr.CGSC for IAF
Dr.V.S.Mahndiyan, Advocate for Navy
CORAM:
HON’BLE MS.JUSTICE SUNITA GUPTA, MEMBER (J)
HON’BLE AIR MARSHAL B.B.P.SINHA, MEMBER (A)
O R D E R
17.03.2020
Counter affidavit has not been filed either by the Air Force or
Navy.
Dr.V.S.Mahndiyan, Advocate has appeared for Navy submits
that he will be filing counter affidavit within a week. Same be filed within a week with copy to the applicant.
As regards, Air Force is concerned, Mr. K.S.Bhati, Sr.CGSC
submits that he has been asked to file counter affidavit.
However, no inputs have been received so far. As such, he seeks time to file counter affidavit on behalf of the Air Force. He further states that although, counter affidavit was filed on behalf of Army but that also lacking some particulars, as such fresh counter affidavit will be filed on behalf of the Army.
Same be done within four weeks with copy to the applicant.
Relist on 08.07.2020.
(JUSTICE SUNITA GUPTA)
MEMBER (J)
(AIR MARSHAL B.B.P.SINHA)
MEMBER (A)
nk
(Source _ Via - e-mail)
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