Subject: Re: DISCREPANCY WITH COMMUTED VALUE OF PENSION : NO 14267027K EX HAV GOPAL SINGH (ARMY/SIGNALS) SUS DATE 01 AUG 08
Date: Tuesday, 11 August, 2009, 9:59 AM
Dear Shri Gopal Singh ji,
1.At the out set I would like to appreciate you for your perseverance and you have written to everybody regarding the ANOMOLY in your Pension, which was earlier not fixed and subsequently fixed at the old scale (adding the loading Factor in view of your being in Pmt Low Med Category P3). However, PCDA, Allahabad has acknowledged vide their letter dated 28.7..09 that the Corrected PPO is incorrect.
2. Thus, you have made your point.
3.Next is only to Flood them with Reminders to all concerned from your side including a copy to the Raksha Mantri/ Defence Secretary, enclosing this copy as also a translated copy. Keep the Original very Safe – it may be required later if there is need to seek legal remedy if you need to claim interest on the amount due to you and not paid due to the negligence of the Staff of PCDA, Allahabad.
4.With out a corrected PPO nothing further can be pursued. On receipt of this, balance commuted value and reworked Pension + arrears we can than think of not only claiming Interest but also damages.
5.I have taken Hard Copies of your Letter + Attachments and opened a File. Your File no. is your Official no. 14267027K/ARMY. Yours is the first case I am dealing.
6.Could you please tell me the reason for your being placed in P3 and is it attributable to Service or not. This can be quoted as a reason for claiming more damages, citing that this has a reason for your health having suffered as also mental agony.
7.How far is Chittorogarh from Allahabad and I would suggest you take a trip if you are in a physically fit state to resolve the issue. The second part we can take up later. I agree that things should be done as per the laid down Rules and Regulations and everybody should be satisfied, but it does not always happen.
LEGAL PART – This part is very simple. You need not spend a single paise. The Lawyer whom you hire would fight your case and his fees would be a % of the damages finally awarded by the Court. The present % in Chennai is around 12%. Stamp duty for filing the Affidavit is Rs368/ for the first 1 lakh and Rs.1000/- thereafter for every lakh being claimed.All this expenditure would be incurred by the Lawyer and he will appear on your behalf. Don’t surrender any of the PPO’s received by you till date. All these would be required to be admitted as exhibits as and when the necessity arises to prove the point. Where are your original Medical papers, these also would be required later on. Please prepare side by side. I have done and assisted in more than 30 Court Martials in the Indian Navy both as Prosecutor and Defending Officer and now in my present Portfolio in the Private Sector, all legal issues are referred to me for making parawise comments and follow up in Courts through Lawyers.
First of all go ahead with Point no. 3 and also try para 7.
Please wait for 2 months and then we can take recourse to further action.
Thanks and Regards,
L/Commander GK Balaji