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.
Lt Col K P Radhakrishnan (Retd)
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
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
HON’BLE MS.JUSTICE SUNITA GUPTA, MEMBER (J)
HON’BLE AIR MARSHAL B.B.P.SINHA, MEMBER (A)
O R D E R
Counter affidavit has not been filed either by the Air Force or
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)
(AIR MARSHAL B.B.P.SINHA)
(Source _ Via - e-mail)
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