News Letter of AERWA Vol 16 No 2 Mar-Apr 2015 [

NEWS LETTER OF AERWAR.N.I.REGN.NO. MAHENG/2000/706

Volume 16 - Issue No.2 March-April

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NEWS LETTER OF AERWA

April 2015 (12 Pages)

ATOMIC ENERGY RETIREES WELFARE ASSOCIATION

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To strengthen the hands of existing recognized apex bodies of similar associations of retirees of other governmental organizations.

To utilize the rare combination of talents and expertise available among members for the welfare of general public through social service using the association as a platform.

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News Letter of AERWA Vol 16 No 2 Mar-Apr 2015 [2]

EDITOR’S SPACE

The rebirth of the Indo US Nuclear collaboration Dr.M.R.Iyer It is a welcome step that in principle the logjam on the nuclear deal has been broken over a cup of tea basking in the bonhomie of the Modi - Obama “chemical bonding”. When the Indo USA nuclear deal was mooted through the Bush Manmohan Singh agreement 8 years back, we all looked forward to the opening up of the Indian nuclear industry to the International main stream ending an unfair denial regime. There have been ups and downs, frustrations and hopes alternating. We thought the “bride” was ready but the “bridegroom” was not, but let us hope this time the chemical bonding will yield to substantial results. After initial aerophobia in the warmth of the Bush-Manmohan Singh agreement, came cautious approach from the US legislature for the implementation of the treaty resulting in the somewhat intrusive 123 bill which essentially created a guarded approach on both the sides. The approach to opening up was littered with several legalistic and logistic obstacles which were firmly in place in both the countries. The 123 article of the US Atomic Energy Act which controls the government on nuclear commerce had to be tweaked to enable the thing to happen. The hawks back in US were not in a mood to make things easy. To end a long story short this resulted in the famous Hyde Act which gave exemption for US to trade with India in nuclear technology but with several riders. They built into this Act all sorts of clauses which made it look a Delphic oracle. Under this Act the President has to review “periodically how much uranium is produced in India and how much it is committed to strategic programs”, “a date by which India will sign Fissile material cut off agreement” etc. and thus made all these conditional. The US stipulation that India sign an India specific IAEA agreement to satisfy the proliferation concerns was deftly handled and completed successfully by the Indian government. The IAEA Safeguards agreement is sufficiently comprehensive and intrusive to really satisfy the President to get over those concerns. That in a way also gave license to India to have unsafeguarded facilities for strategic applications. Having achieved this still there was no progress in the matter from US end and the signal emanating through the NSG was not that encouraging. It again harped on India signing the proper NPT. This made it difficult for other countries which are all signatories to NSG protocol to make any substantial’s trade with India. Even during the discussions prelude to the President’s current visit the US team seem to have upped its ante, insisting on bilateral safeguards in addition to the civil-military separation plan that India has submitted to the IAEA.

Then came the liability issues and the liability bill on the part of India due to the exigencies of the political situation and this resulted in procrastinations. Despite the technological safety status of the current day nuclear reactors the West became wary about this. However the present Indian initiative to provide insurance cover to this was agreed upon by the President, though it might push the cost of nuclear power further. We have also to brood if the Indian liability bill is of any practical consequence. Consider a hypothetical case of a nuclear plant accident in the aftermath of which the legislation has to be applied. Eventually the aggrieved party would approach the judiciary stating that the accident is not due to his component and demand a technical proof for that. It might be well-nigh impossible to produce any proof supporting this. Even as it is most of the known accidents in the nuclear power plants have been due to reasons other than this aspect. It might be due to an operator error as in Chernobyl and Three Mile Island or natural calamity as in Fukushima. Establishing and pinpointing a component responsible for a serious accident is extremely difficult in view of the technical complexities. The liability legislation was for satisfying an inimical opposition given the shaky political foundation on which the government was based in those days amidst the undercurrents of coalition politics. A more stable political disposition as we have today would have found out other viable outlets. It is suspected that the liability objections came in handy for the US to put a facade behind the non proliferation concerns of the hawks in USA. The hawks might have even considered the India specific IAEA agreement which indirectly gives sanction for strategic activities in India to be contravening the spirit of the Hyde act. So the India US nuclear agreement continued to be in the back burner with no substantial movement. Now we are perhaps back to 2006 when the Bush Singh agreement was formulated and the agreement between President Obama and PM Modi has awakened the hopes. As PM Modi correctly stated, more than the full stops and commas in the agreements, it needs “chemistry” of the personalities involved and building up of faith and not of suspicions. Well, let us hope that watershed has arrived now with the renewed Modi Obama chemistry. India in full faith has given International guarantees through the IAEA and has signed IAEA safeguard protocols and there is no reason for US to demand additional intrusive bilateral microscopic safeguards and tracking third party uranium shipments. This seems to have been raised even during the preparatory talks leading to the Presidential visit. However the President has agreed to waive that requirement. But the final dotted lines in the US

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legislation enacted through the Hyde Act will ever exist, let us hope the chemistry plays a part not only for now but forever. If we had to harness the Liability Act they had to tame the Hyde Act to see the light at the end of the nuclear tunnel. Modi-Obama agreement seems to have achieved that and we hopefully move on to commercial implementation part of the agreement.

----------------- Frequently Asked Questions and Answers on Civil Liability for Nuclear Damage Act 2010 and related issues Ministry of External Affairs, Govt of India; 8/2/2015 Q1. What is the understanding reached with the United States on January 25, 2015 during the visit of President Obama to India? Ans. India and the United States have reached an understanding on the issues related to civil nuclear liability and finalized the text of the Administrative Arrangement to implement the September 2008 bilateral 123 Agreement. This will allow us to move towards commercial negotiations on setting up reactors with international collaboration in India and realize the significant economic and clean energy potential of the civil nuclear understanding of 2005-2008. Q2. How was this understanding reached? Ans. It may be recalled that during PM’s visit to the U.S. in September 2014, the two leaders reaffirmed their commitment to implement fully the India-U.S. civil nuclear cooperation agreement and established a Contact Group on advancing the implementation of civil nuclear energy cooperation. The Group, comprising representatives from Ministry of External Affairs, Department of Atomic Energy, Nuclear Power Corporation of India Ltd (NPCIL), Ministry of Finance, Ministry of Law & Justice, in addition to the representatives from U.S. Government, also had an interface with the companies – NPCIL on the Indian side and Westinghouse and General Electric on the U.S. side. It met three times in New Delhi (16-17 December 2014), Vienna (6-7 January 2015) and London (January 21-22, 2015). Based on these discussions, an understanding was reached with the U.S. on the two outstanding issues on civil nuclear cooperation, which was confirmed by the leaders on January 25, 2015. Q3. Has India agreed to amend its Civil Liability for Nuclear Damage Act of 2010 (CLND Act 2010) and the CLND Rules of 2011? If not now, would they be amended in the future? Ans. There is no proposal to amend the Act or the Rules. Q4. How have U.S. concerns over the CLND Act then been resolved? Ans. During the course of the discussions in the Contact Group, using case law and legislative history,

the Indian side presented its position concerning the compatibility of the Civil Liability for Nuclear Damage (CLND) Act and the Convention on Supplementary Compensation for Nuclear Damage (CSC). The idea of the India Nuclear Insurance Pool as a part of the overall risk-management scheme for liability was also presented to the U.S. side. Based on the presentations by the Indian side, and the discussion thereon, there is a general understanding that India’s CLND law is compatible with the CSC, which India has signed and intends to ratify. Q5. What is the CSC? Ans. The objective of the 1997 Convention on Supplementary Compensation for Nuclear Damage (CSC) is to establish a worldwide liability regime and to increase the amount of compensation available to the victims of nuclear accidents. A State which is a party to either the 1963 Vienna Convention or the 1960 Paris Convention could become a party to the CSC. A State which is not a party to either of these conventions could also become a party to the CSC if its national law on nuclear liability is in compliance with the provision of the CSC and its Annex, which is an integral part of the CSC. India not being party to the Vienna or the Paris Conventions signed the CSC on 29 October 2010 on the basis of its national law namely the CLND Act. Q6. Is India’s CLND Act compatible with the CSC? Ans. The provisions of the CLND Act are broadly in conformity with the CSC and its Annex in terms of channeling the strict/absolute legal liability to the operator, the limitations of the liability in amount and time, liability cover by insurance or financial security, definitions of nuclear installation, damage, etc. In fact, the CLND Act provides the basis for India joining an appropriate international liability regime such as the CSC. Article XVIII of CSC requires that the national law of a Contracting Party that is not a Party to either the Vienna Convention or the Paris Convention has to comply with the provisions of the Annex to this Convention. The CLND Act is compliant with the Annex to the Convention. Q7. Does the Act channel the liability to the Operator of a nuclear plant as envisaged under CSC? Ans. Section 4(1) provides that the Operator of the nuclear installation shall be liable for nuclear damage caused by nuclear incident. Further, Section 4(4) provides that the liability of the Operator of the nuclear installation shall be strict and shall be based on the principle of no fault liability. Section 8(1) provides that the Operator shall before he begins operation of his nuclear installation, take out insurance policy or such further financial security covering his liability. All these provisions along with the long title of the Act are clear

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and ensure that the liability is strict, and channeled to the Operator through a no fault liability regime. Q8. What about Section 17 and the right of recourse against the supplier in Section 17(b)? Are they not going beyond the Annex to the Convention? Ans. Section 17 of the Act provides that the operator of the nuclear installation, after paying the compensation for nuclear damage in accordance with section 6, shall have the right to recourse where- a. Such right is expressly provided for in a contract in writing; b. The nuclear incident has resulted as a consequence of an act of supplier or his employee, which includes supply of equipment or material with patent or latent defects or sub-standard services; c. The nuclear incident has resulted from the act of commission or omission of an individual done with the intent to cause nuclear damage. Article 10 of the Annex to the CSC covers situations envisaged in Sections 17(a) and 17(c); Section 17 (b) is ostensibly in addition to situations identified for the right of recourse provided in Article 10 of the Annex to the CSC. However, the situations identified in Section 17(b) relate to actions and matters such as product liability stipulations/conditions or service contracts. These are ordinarily part of a contract between the operator and the supplier. This situation is not novel but is rather a normal element of a contract. Thus this provision is to be read along with/in the context of the relevant clause in the contract between the operator and supplier on product liability. It is open for the operator and the supplier to agree on the terms of their contract relying on the applicable law. The parties to a contract generally elaborate and specify the extent of their obligations pursuant to warranty and indemnity clauses that are normally part of such contracts. Article 10(a) of the CSC Annex does not restrict in any manner the contents of the contract between the operator and the supplier including the basis for recourse agreed by the operator and supplier. Therefore, in view of the above, in so far as the reference to the supplier in Section 17(b) is concerned, it would be in conformity with and not in contradiction of Article 10(a) of the CSC Annex. Its operationalization will be through contract conditions agreed to by the operator and the supplier. Q9. Does Section 17 establish a mandatory statutory right of recourse? Ans. Section 17 states that the operator shall have a right of recourse. While it provides a substantive right to the operator, it is not a mandatory but an enabling provision. In other words it permits but does not require an operator to include in the contract or exercise a right of recourse. However, even though there is no

mandatory legal requirement under the CLND Act to provide for a right of recourse in a contract, there may be policy reasons for having a risk sharing mechanism including a right of recourse. As a matter of policy, NPCIL, which is a public sector undertaking, would insist that the nuclear supply contracts contain provisions that provide for a right of recourse consistent with Rule 24 of CLND Rules of 2011. Article 10 of the CSC Annex does not specify what position either the operator or the supplier can take in contract negotiations. In this regard, the India Nuclear Insurance Pool has been instituted to facilitate negotiations between the operator and the supplier concerning a right of recourse by providing a source of funds through a market based mechanism to compensate third parties for nuclear damage. It would enable the suppliers to seek insurance to cover the risk of invocation of recourse against them. Q10. Who is the ‘supplier’? Is the supplier always a foreign company? Ans. Rule 24 of the CLND Rules explains that ‘supplier’ shall include a person who: (i) Manufactures and supplies, either directly or through an agent, a system, equipment or component or builds a structure on the basis of functional specification; or (ii) provides build to print or detailed design specifications to a vendor for manufacturing a system, equipment or component or building a structure and is responsible to the operator for design and quality assurance; or (iii) provides quality assurance or design services. The supplier may not always be a foreign company; there may be domestic suppliers who fulfill the above criteria and in some cases the operator (NPCIL) itself may be a supplier as it provides build to print or detailed design specifications to a vendor. Q11. Does Section 46 permit claims for compensation for nuclear damage to be brought under statutes other than the CLND Act? Ans. Concerns over the broad scope of Section 46 have been raised by suppliers, both domestic and foreign. Section 46 of the CLND Act provides that "the provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force, and nothing contained herein shall exempt the operator from any proceeding which might, apart from this act, be instituted against such operator”. The language in section 46 of CLND Act 2010 is similar to such language in several other legislations such as Telecom Regulatory Authority Act, Electricity Act, Securities and Exchange Board of India (SEBI) Act, Insurance Commission Act. Such language is provided routinely to underline that other relevant laws continue to be operable in their respective domains.

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Q12. Does Section 46 extend to suppliers in violation of the CSC? Ans. No. The CLND Act channels all legal liability for nuclear damage exclusively to the operator and Section 46 does not provide a basis for bringing claims for compensation for nuclear damage under other Acts. That this section applies exclusively to the operator and does not extend to the supplier is confirmed by the Parliamentary debates at the time of the adoption of this Act. It may be noted that the CLND Bill was adopted by a vote. During the course of the vote on various clauses of the Bill, in the Rajya Sabha two amendments were moved for clause 46 that finally became Section 46 of the CLND Act that inter-alia sought to include suppliers in this provision. Both those amendments were negatived. A provision that was expressly excluded from the statute cannot be read into the statute by interpretation. It is well-settled principle of law that every statute is to be interpreted in accordance with the intention of the legislature or maker of the Statute (M/s. Turtuf Safety Glass Industries V Commissioner of Sales Tax U.P., 2007 (9) SCALE 610, and State of Kerala & Anr V P.V. Neelakandan Nair & Ors, 2005 (5) SCALE 424). Q13. Does Section 46 allow victims to go to foreign courts against the operator or the supplier? Ans. Section 46 exclusively covers the remedies that are available against the operator. It does not exempt the operator from any other proceedings instituted against him, apart from this Act, nor derogates from any other law in force in India. The provision "in addition to and not in derogation of” has to be given its normal plain meaning. Section 46 does not affect the applicability of other laws. Therefore it does not exempt the operator from application of other laws covering matters other than the civil liability for nuclear damage. At the same time it does not create the grounds for victims to move foreign courts. In fact that would be against the basic intent of the law to provide a domestic legal framework for victims of nuclear damage to seek compensation. The fact that a specific amendment to introduce the jurisdiction of foreign courts was negatived during the adoption of the CLND Bill buttresses this interpretation. Q14. How will the proposed insurance pool operate for operators and suppliers? Ans. The India Nuclear Insurance Pool is a risk transfer mechanism formed by GIC Re and 4 other PSUs who will together contribute a capacity of Rs 750 crores out of a total of Rs 1500 crores. The balance capacity will be contributed by the Government on a tapering basis. The pool will cover the risks of the liability of the nuclear operator under Section 6(2) of the CLND Act and of the suppliers under Section 17 of the Act. The Pool

envisages three types of policies, including a special suppliers’ contingency policy for suppliers other than turn key suppliers. Operators and suppliers instead of seeing each other as litigating adversaries will see each other as partners managing a risk together. This is as important for Indian suppliers as it is for US or other suppliers. An international workshop will be held in India to exchange information on international experience with the 26 insurance pools operating around the world in countries such as France, Russia, South Africa and the U.S. Q15. What are the kind of insurance policies and premiums envisaged under the Pool? Ans. The Pool covers risks pertaining to the liability of the nuclear operator under Section 6(2) of the CLND Act as well as the liability of the suppliers under Section 17. Three types of policies are envisaged: a Tier 1 policy for operators; a Tier 2 policy for turn key suppliers and a Tier 3 policy for suppliers other than turn key suppliers. The pricing of premiums will depend on factors such as risk probability, possible severity of damage and exposure to people and property around nuclear installations. GIC Re, the Pool Administrator, is engaged with NPCIL and others to work out the premiums based on risk appraisal. To assist this exercise, a Probabilistic Safety Assessment based study has been carried out by DAE. The scheme is scientific, market based, and benchmarked to international best practices innovated to suit the Indian circumstances. Q16. Wouldn’t this burden the taxpayer and raise costs of nuclear power? Ans. It should be understood that there is no extra burden on the taxpayer or the Government. The CLND Act already requires NPCIL (Operator) to maintain a financial security to cover its maximum liability for civil nuclear damage (Rs 1500 crores). Currently, NPCIL takes out a bank guarantee for this amount against which it pays an annual fee. With the India Nuclear Insurance Pool (INIP), a market based international best practice will be followed. The NPCIL will take out insurance under the Pool for the same amount and just as it pays an annual fee now it will pay an annual insurance premium to the Pool. The Government will indeed make available Rs 750 crores to the Insurance Pool for the first few years till the insurance companies are able to maintain it on their own. However, the Government will earn a proportionate share of the premium on this sum, which will be utilized only in case of a nuclear accident. The impact on the cost of power plants of the premium payments by operator and suppliers is expected to be minimal. The international experience of 26 insurance pools is that the operators

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pay only a very small fraction of the total cost of the plants. Q17. How much compensation is payable under the CLND Act? Ans. Section 6(1) of the CLND Act presently prescribes that the maximum amount of liability in respect of each nuclear incident shall be the rupee equivalent of three hundred million Special Drawing Rights (SDRs). As the current value of 1 SDR is about Rs 87, three hundred million SDRs are equivalent to about Rs 2610 crores. Section 6(2) of the Act lays down that the operator’s maximum liability shall be Rs 1500 crore. In case the total liability exceeds Rs 1500 crores, as per Section 7 (1) (a) of the CLND Act, this gap of Rs 1110 crores will be bridged by the Central Government. Beyond Rs 2610 crores, India will be able to access international funds under the CSC once it is a party to that Convention. Section 7 (2) of the CLND Act provides that the Central Government may establish a "Nuclear Liability Fund” by charging such amount of levy from the operators, in such manner, as may be prescribed. The constitution of a Nuclear Liability Fund has been under consideration for some time. Such a Fund is proposed to be built up over 10 years by levying a small charge on the operators based on the power generated from existing and new nuclear plants. This is not expected to affect the consumer’s interests. Q18. Could operators and suppliers be asked to pay more compensation in the future on existing contracts than currently provided under the law? Ans. As regards the question of possible enhancement of the amount of compensation in the Act in future and its effect on recourse against suppliers with respect to existing contracts, there is well established jurisprudence that a change in law cannot alter the terms of an existing contract made under the then extant law. A retrospective law which affects the substantive vested rights of a Party under a contract would not be sustainable in a court of law. In M/s Purbanchal Cables & Conductors Pvt. Ltd. V Assam State Electricity Boards & Another, [2012] 6 S.C.R. 905, the Supreme Court held that though the legislature can make laws with retrospective effect, the test is that it should not take away vested rights or impose new burdens or impair existing obligations. Q19. What are the next steps? Ans. It will be now up to the companies to follow up with their own negotiations and come up with viable techno-commercial offers and contracts consistent with our law and our practice so that reactors built with international collaboration can start contributing to strengthening India’s energy security and India’s clean energy options.

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AERWA NEWS - AERWA Picnic Some Photographs during AERWA Picnic on Jan 18, 2015 to a private Karjat Forest Resort which describes the memorable day better than words:

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*************** Government Order/ News (Related Excerpts) 1. 26th meeting of the Standing Committee of Voluntary Agencies (SCOVA) under the Chairmanship of Hon'ble MOS (PP) held on 3/2/2015 (As reported by Shri N.Sundararajan, Member DAE Pensioners Forum. Official minutes of the meeting are not yet available.-Ed) One of the Agenda item was: Extension of benefit of OM dt. 28.1.2013 w.e.f 1.1.2006 instead of 24.9.2012. (During the last Meeting, it was informed that the matter is sub-judice. Secretary (P) mentioned that as and when the Hon’ble Supreme Court decides the pending SLP, the orders of Hon’ble Supreme Court will be implemented). The Stand of DOP&PW: Instructions have been issued to concerned Ministries/Departments to implement the order 15.05.2014/ 1.11.2011 of CAT, Pr. Bench New Delhi in respect of petitioners in OA No. 655/2010 only. Law Ministry had advised to await outcome of SLP No 36148-50/2013 before deciding in respect of other pre-2006 pensioner. The SLP no 36148-50/2013 pending for hearing on17.02.2015. Deliberations in the 26th meeting: BPS Secy Genl. S.C. Maheshwari mentioned, “Negative note sent by DOP &PW resulted in negative advice. DOP&PW can help pensioners by withdrawing the SLPS.

JT Secy. retorted that she was not that powerful. Genl Secy JCM Com Shiv Gopal Mishra intervened to suggest that the Honorable MOS (PP) may intervene. Hon. MOS told Jt Secy to again put up note seeking Permission to withdraw SLPS 2. Move to replace CGHS with insurance-based scheme (Source: http://www.staffcorner.com/; 3/2/15) The health ministry has moved a proposal for ending the Central Government Health Scheme (CGHS) in its current form and moving to an insurance-based scheme — the Central Government Employees and Pensioners Health Insurance Scheme (CGEPHIS) — in an apparent attempt to cut costs. Instead of the government directly paying the medical bills of CGHS beneficiaries, the new scheme will be implemented through insurance companies registered with the Insurance Regulatory and Development Authority and selected through bidding. Currently, under CGHS, government employees pay Rs 6,000 annually as fixed medical allowance (FMA). The new FMA for beneficiaries is yet to be calculated. While the government’s actual financial commitment will depend on bids and the new FMA, the ministry is working on a presumptive figure of Rs 14,000 per family, which works out to approximately Rs 1,000 crore annually. The scheme will cover medical expenses up to Rs 5 lakh per family per year. Beyond that, the insurer will have to get clearance from the nodal agency on a case to case basis. An additional sum insured of Rs 10 crore in each of the four zones will be provided by the insurer as buffer for such cases. The CGHS in its present form does not have any annual cap, but each procedure has a prescribed maximum limit for reimbursement. While a note for the Expenditure Finance Committee (EFC) was circulated last year, a fresh proposal incorporating inputs from various departments including the DoPT, erstwhile Planning Commission and Ministry of Statistics and Programme Implementation has been sent to the finance division of the health ministry. 3. Government Reply on 7th Pay Commission and its Interim Report in Rajya Sabha (Question No-230 raised on-25.11.2014 by Shri Shantaram Naik) a) the details of meetings, the 7th Pay Commission has taken so far and the items/issues discussed till date; b) the States, visited, by the Commission if any till date and the States which the Commission proposes to visit; c) whether the Commission proposes to take the views of the State Governments as regards their pay-scales since invariably, most of the States adopt the Central Pay Commission reports; d) whether Commission proposes to submit any interim report;

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e) whether the Commission proposes to make any recommendations to bring in financial transparency; and f) if so, the details thereof? Answer Shri Jayant Sinha Minister of State in the Ministry of Finance (a)&(b): The 7th Central Pay Commission is required to make its recommendations on its Terms of Reference. Also, the Commission is to devise its own procedure. The Commission’s Terms of Reference do not enjoin upon it to keep the Government updated on its functioning and the procedure being followed by it during the course of its deliberations. (c): The Terms of Reference of the Commission provide that the Commission will make its recommendations, keeping in view, inter alia, the likely impact of the recommendations on the finances of the State Governments, which usually adopt the recommendations with some modifications. (d)to(f): The Commission is required to submit its report on its Terms of Reference. However, no Report, including any interim one, has so far been submitted by the Commission. 4 PAHAL-Direct Benefits Transfer for LPG Consumers Scheme, Ministry of Petroleum and Natural Gas The PAHAL (DBTL) Scheme: Consumers will need a bank account to join the scheme and receive LPG subsidy. Please visit for details: ttp://petroleum.nic.in/dbt/whatisdbtl.html

********** Important Court Cases A. Status of S-21 case (SO-E Group) ( M. Venugopalan/Venkatesh Murthy) The case came up for hearing on 10/2/15, when the advocate for the respondents stated that similar cases filed in Principal Bench of CAT, New Delhi were finally heard and were dismissed. In this context, our Advocate pointed out that judgment of the Principal Bench relates to a combination of cases and as such the same cannot be directly related to our case to have a bearing. He, therefore, requested for some more time to explain the same more elaborately. The court then fixed the next hearing for 27/4/15. Four applications, i.e. OA-971/2012, MA-1644/2014 with OA-789/2013 & OA-4130/2013 as filed in the in the Principal Bench of CAT, New Delhi by different categories of retired Central Government officers for placing their pay scales in PB-4 had come up for final hearing together but the cases were dismissed. It is understood that the decision is being challenged in the High Court on the ground that judgment was erroneously linked to the MA 1644/ 2014. Since this case is similar to that of S.21 (SO ‘E’ Group) case in Mumbai CAT, the development is being watched keenly.

--------------- B. Status of S-29, S-29+ and < 33yrs cases (Shri BM Misra) 1. The contempt case for release of arrears wef

1.1.2006 to all 661 S-29 applicants came for hearing

on 10.1.2015 at CAT, Delhi. As all the applicants were

not paid the arrears till date the next date of hearing

was fixed for 13.2.2015. It has been further postponed

to March 2, 2015.

2. The 3 sister SLPs at Supreme Court, similar to case

of 661 members S-29 group, was fixed for 13th Jan.

2015. As the bench was busy in many cases it could

not come up and the next date of hearing is

17.2.2015. It is now listed for Feb. 20, 2015.

3. Four MAs from 575 new S-29 and S-26 members

have been filed at CAT, Delhi for arrears wef

1.1.2006. The case will come up for hearing on

2.2.2015 &6.2.2015. 75 DAE members have joined

this group. The next date of hearing is fixed for March

2, 2015.

4. The case for <33 yrs service for min 50% pension

came up on 15.1.2014 but could not be heard that

day and next date of hearing was on 29th Jan. 2015.

The case could not come up on this day also and is

adjourned to 23rd Feb. 2015.

5. As mentioned in the last bulletin, both OAs for pre-

2006 and post 2010 H+ DAE applicants on pension

on special pay were allowed by CAT Delhi and the

court has ordered to implement it within 3 months

period. An Appeal has been sent to Chairman, AEC &

Secretary DAE requesting to implement these orders

and also for a meeting with AERWA office bearers.

6. In reply to a RTI regarding implementation of PBCAT,

Delhi order dt 20.11.2014 on OA 937/2010 for full

parity for pre-2006 S-30 retirees, the DOP&PW has

stated that the matter is under examination.

****************** Meet our Senior AERWA Members

Dr V K Iya (Saras Baug, Deonar; Tel: 25567913) Dr V K Iya’s first response on my phone call to him was “please come I am very happy with AERWA”. I spent more than an hour in his bungalow at Saras Baug and enjoyed every second with his narration of several interesting interactions that he had with Dr Homi Bhabha and other icons of DAE. A turning point in his career was a chance meeting with the French Counselor at IISc in 1949 immediately after MSc (Chemistry) from Mysore University. The counselor offered him a French Fellowship for DSc at the Sorbonne Univ, Paris, under guidance of famous scientist Prof Felix Trombe best known for his

News Letter of AERWA Vol 16 No 2 Mar-Apr 2015 [10]

pioneering work for the construction of 1st ever experimental 50 kW Solar Furnace (capable of melting steel) for high temperature experiments in physics and chemistry. Dr Iya happened to meet Dr Bhabha there who selected him for DAE in 1955. Dr Iya laid foundation of systematic isotope activities in DAE and as Group Director, Isotope Group, BARC established an important centre BRIT before his retirement in 1987.

Dr V K Iya and Smt Shrimati Iya Both Dr Iya (87 yrs age) and wife Smt Shrimati Iya (80 yrs age) are in very good health and are not on any medicine. They are blessed with two well settled daughters one a cardiologist at Leelavati and the other with hotel Management Degree. Reminding Dr Iya about our 1st conversation on phone, when I asked as to what did he like about AERWA. His reply was “News Letter”. He mentioned this several times during my stay of ~1hr as to how he enjoyed reading the News letter and insisted to insert his message under “Lettor to Editor” (please see page 11). I enjoyed every moment spent with Dr Iya and Smt Iya and the fragrance of typical southindian coffee. S P Garg

************ DAE/ ISRO News Founder Day Lecture by Shri R K Sinha, Chairman AEC, on Oct 30, 2014 (excerpts only) NPCIL achieved the highest generation ever 3533 crore units (35,333 Million Units) of electricity in 2013-14, with overall capacity factor of 83% and availability factor of 88%. Till date, NPCIL has logged over 405 reactor years of safe operation and this is reflected in several other operating achievements. The Unit-5 of Rajasthan Atomic Power Station completed 765 days of continuous operation on September 6, 2014. This is the highest in the world in the last two decades, and the second highest in the entire 60-year history of nuclear power. Such

performance is a singular testimony for the strength and maturity of the Indian Nuclear Power Programme. The operation of RAPS-5 has also helped in avoiding 4.25 million tons of carbon-dioxide emission to the environment. Moreover, the sale of electricity produced by this plant over nearly four and half years of commercial operation has already met the cost of its construction. Madras Atomic Power Station Unit-2 (MAPS-2) achieved 370 days of continuous run on October 4, 2014, prior to being shut-down for planned maintenance. This is the 15th time one of our power reactors has recorded over one year of continuous operation. In India's maiden Mars mission, Mangalyaan, DAE Units ECIL, BARC and RRCAT have made specific contributions. ECIL and BARC provided the 32 meter Indian Deep Space Network (IDSN) antenna that is tracking the Mars Orbiter Mission. The antenna will continue to play an important role in receiving data and photographs from the Mars Orbiter. The high resolution vacuum ultra violet beam- line, set up by BARC at Indus-1 synchrotron radiation source at RRCAT, Indore, was used for calibrating the Lyman Alpha Photometer (meant for measurement of Deuterium to Hydrogen abundance ratio) placed on-board the Mangalyaan. For the May 2014 Lok Sabha elections about 8.5 lakhs Electronic Voting Machines (EVMs) have been supplied by ECIL to the Election Commission. This constitutes about 50% of all the EVMs used..

------------ Nuclear Power Generation by NPCIL (2006-14)

Year Gross

Generation (MUs)

Capacity Factor (%)

Availability Factor (%)

2013-14 35333 83 88

2012-13 32863 80 90

2011-12 32455 79 91

2010-11 26472 71 89

2009-10 18803 61 92

2008-09 14927 50 82

2007-08 16930 54 83

2006-07 18634 63 85

---------------- GSAT-16 Mission (ISRO website on Jan 6, 2015)

GSAT-16

GSAT-16, an advanced communication satellite, weighing 3181.6 kg at lift-off, has been inducted into the INSAT-GSAT system. GSAT-16 is configured to carry a total of 48 communication transponders, the largest number of transponders carried by a communication satellite

News Letter of AERWA Vol 16 No 2 Mar-Apr 2015 [11]

developed by ISRO so far, in normal C-band, upper extended C-band and Ku-band. GSAT-16 carries a Ku-band beacon as well to help accurately point ground antennas towards the satellite.

*********** Welcome to New Life (L)/ Patron (P) Members

M No Name Phone Area

P-2594 Rao B Syama S 4027174372 Hyderabad L-2595 V.G. Mohan nayar 9445003811 Kalpakkam P-2596 G Srikrishna Murty 28121754 MiraRoad(EP-2597 Brajendra Kumar 27726824 Nerul P-2598 Krishnan T.S. 0402980162 Hyderabad P-2599 Gupta Santosh K 25253598 LokhandeMP-2600 Arora Sham Sunder 25560592 Deonar/GovP-2601 Pande B.P. 0402773040 SecunderabP-2602 Bhardwaj S.A. 9969201370 Nerul P-2603 Ramanujam A. 0222520651 Chembur P-2604 Viswanathan S 0402351323 Hyderabad P-2605 Kulkarni Swati

***

P-2606 C.R.P. Setty 0402717489 Hyderabad L-2607 Rai Ashok Kumar 0402373043 Hyderabad L-2608 Khanijo Ravinder 9920353192 Nerul L-2609 G.P. Reddy 0838225487 karwar P-2610 T Dayal Mathur 0265263595 Vadodra P-2611 Harwalkar Sulabha 26838083 Vileparle(E) P-2612 Gowri N Jayaram 0402780046 SecunderabP-2613 B.K. Bhandary 0824248149 Manglore P-2614 Venkataraman 25584782 Deonar/GovP-2615 Pillai K P P Nerul L-2616 Sanjay Kumar 83822640 karwar P-2617 Somanadhan K 27560446 Belapur P-2618 C.K.Srikanta 0802657499 Bengaluru P-2619 A.Sridharan 21718080 Thane P-2620 Shiv Dutta 25930304 Mulund(W) P-2621 Deshmukh S M 25224506 Kurla P-2622 Mohamed H S Kazi 8879829375 Malad-E L-2623 M. Sankarapandian 4427451649 Chennai L-2624 Vinod J Agrawal 9930374792 Vashi Total Live Members 1724

*** Information not available --------------

Contribution towards S-21 Court Case

Shri Ananth Desai P-2572 Rs 2000

Donations to AERWA

Name Rs

Name Rs

Shri G Srikrishna Murty 500 Shri R V Raman 500

Prime Minister National Relief Fund for J&K Name Rs Name Rs

DrG D Jindal 10000 ShriB S Huligerimath 2000

ShriB M Misra 5000 DrS P Garg 2000

DrN M Gupta 5000 ShriKTP Balkrishnan 1500

DrN.Saratchandran 4000 ShriR C Pant 1000

DrBL Bhargava 3000 ShriK. C. Kunju 1000

DrM.B. Bajpai 2251 ShriA K K Pillai 1000

DrV K Manchanda 2100 Total 39851

A draft for Rs. 38851 has been sent earlier to PMNRF and the receipt from PMNRF is awaited. A separate draft for Rs.1000 is being sent to PMNRF. Thank you. AERWA expresses gratitude to the members for making generous contributions.

***************** Welcome to Platinum Club (≥75 yrs) (With Birth Day from 1st Mar to 30th Apr) Members marked ** have joined AERWA only during last 2 months. AERWA welcomes them as members of our prestigious Platinum Club. 75 Yrs (Congratulations for getting Full Pension)

Name Tel DOB

**B.K. Bhandary 0824-2481491 6-May-27

**C.K.Srikanta 080-26574997 26-Jan-30

**Krishnan T.S. 040-29801627 10-Jul-32

**Pande B.P. 040-27730403 20-Nov-32

**G Srikrishna Murty 28121754 11-Jul-35

**Viswanathan S 040-23513235 17-Dec-35

**Shiv Dutta Wadhawa 25930304 24-Jul-36

**Pillai K P P 30-Mar-37

C.R.P. Setty 040-27174892 7-May-38

Gowri N Jayaram 040-27800460 17-Sep-38

Pandey Anirudhh 25550439 01-Mar-40

Meghal Atul M 26244070 05-Mar-40

Sankaranarayanan T K 27898989 07-Mar-40

Prasad M A 27722869 16-Mar-40

Mary Kutty Thomas 27619087 21-Mar-40

Warrier A S 23-Mar-40

Jhamb N K 01-Apr-40

Patil Vijay S 25232089 02-Apr-40

Sachdeo S Singh 02-Apr-40

Dere A V 27897880 07-Apr-40

Koppikar Satish V 27571037 10-Apr-40

Sayyad M S 27469259 13-Apr-40

Vasavan Nanu 28624070 24-Apr-40

76-79 Years

Name Tel DOB

Sirsi R T 25559021 4-Mar-36

Pai M S 27650504 5-Mar-36

Bhatia G M 28577528 6-Mar-36

Vaidya B S 25126436 10-Mar-36

Sahasrabudhe P V 21-Mar-36

Ghumre J P 28883069 4-Apr-36

Modi P S 27701117 5-Apr-36

Dabhadkar Suresh B 9323699216 10-Apr-36

Jakkal V S 27821249 20-Apr-36

Varma R K 22-Apr-36

Chandrasekharan K 27547799 15-Mar-37

Kunhiraman K 27706955 15-Mar-37

Kane Chintaman D 25430677 16-Mar-37

News Letter of AERWA Vol 16 No 2 Mar-Apr 2015 [12]

Ramakrishnan V A 27703575 18-Mar-37

Pillai K P P 30-Mar-37

Pitale Nivrutti M 25418094 1-Apr-37

Kandekar V D 1-Apr-37

Sipahimalani A T 27661327 1-Apr-37

Shitut N R 25406015 12-Apr-37

Krishnamoni S 24144008 22-Apr-37

Awatramani A S 26792495 28-Apr-37

Asolkar S V 25574162 1-Mar-38

Neelakantan S 27745738 15-Mar-38

V T Srinivasan 18-Mar-38

Gomathy Ramaswamy 26200543 18-Mar-38

Pillai Rbalakrishna 19-Mar-38

Rao S M 19-Mar-38

Santha Singh V K 27815428 22-Mar-38

Kamala Rudran 23-Mar-38

Panicker Devaraj O V 25298694 23-Mar-38

Parameswaran C 27705733 27-Mar-38

Sadarangani S H 25576420 30-Mar-38

Varkey V C 28944219 4-Apr-38

Shukla S G 26140891 5-Apr-38

Vaidyanathan S 25069207 5-Apr-38

Janardhanan K K 25558032 8-Apr-38

Madan Lal 27820952 8-Apr-38

Sah B M L 24555317 9-Apr-38

Pawa Manohar Lal 27750070 14-Apr-38

Rastogi R C 25580927 15-Apr-38

Iyer V N 22-Apr-38

C M Kothari 22-Apr-38

Kotak D N 27491084 1-Mar-39

Pruthi D D 27716620 13-Mar-39

Raut A R 23618380 15-Mar-39

Sharma G N 27563902 18-Mar-39

Pankajakshan K 23-Mar-39

Gangadharan P P 27704996 29-Mar-39

V.N.Chaudhary 27722959 1-Apr-39

Sane K G 986718230 4-Apr-39

Kulkarni B G 27802951 8-Apr-39

Varier K V S 27664233 11-Apr-39

Jayandranath M 28651150 12-Apr-39

Navaratna M R 25515378 12-Apr-39

Desai Sudha S (Smt) 9920760425 16-Apr-39

Walvekar A P 27711338 17-Apr-39

Rao P S 27654006 21-Apr-39

80 yrs and above

Name Tel DOB

Chadha M S 26202596 10-Apr-28

Kelkar V Y 2370232 3-Mar-29

Choughuley Ahmed S 5-Mar-30

Srinivasan K A 26140674 21-Mar-30

Ganganaik M Shripad 28670022 23-Mar-30

Narahari P 9818327876 1-Apr-30

Tambe P S 28880295 2-Apr-30

Ravindran P V 25968531 9-Apr-30

Kolambekar P R 25400470 18-Apr-30

Barde M L 9421609404 31-Mar-31

Mahadevan V S 19-Apr-31

Warty V K 28374376 22-Apr-31

Mule V Yashwant 14-Mar-32

Sundaram S M 26340858 24-Mar-32

Patgaonkar V R 26117315 2-Apr-32

Sabharwal Ved Vyas 25559519 17-Apr-32

Pillai K C 25567696 19-Apr-32

Nair S G 27617959 4-Mar-33

Ghadge T D 25200629 8-Mar-33

Bhalerao R G 28957680 9-Mar-33

R.R. Wamorkar 25203282 10-Mar-33

Dhumwad R K 26424890 10-Mar-33

Pillai K P R 9388820904 11-Mar-33

Kaul Shiv N 25576506 27-Mar-33

Rijhsinghani K R 24015756 12-Apr-33

Mistry I G 27894522 15-Apr-33

Phalke K D 21630720 8-Mar-34

Junnarkar Prabhakar N 24053985 15-Mar-34

Badheka A C 26142202 17-Mar-34

Rangachari S S 27897236 26-Mar-34

Viswanathan K S 7-Apr-34

Vaghela M G 25519313 23-Apr-34

Burkule A S 25320925 26-Apr-34

Theyyunni T K 25242740 15-Mar-35

Srinivasan V 27894555 16-Mar-35

Vaze P K 27526418 27-Mar-35

Venkatasubramanian V 25565459 3-Apr-35

Panicker N K 27740089 4-Apr-35

Hiremath S P 27701533 9-Apr-35

Kavishwar B D 9-Apr-35

Sharma Narendra 27652529 20-Apr-35

Laghate N G 27700034 24-Apr-35

Congratulations for getting additional Basic Pension and DR (both for pensioner and family pensioner): 20% for ≥80 yr; 30% for ≥85 yr; 40% for 90 yr; 50% for ≥95yr and 100% ≥100 yr.

Birth Day Greetings: Wishing a healthy and peaceful life to all members of Platinum Club – AERWA

********************* Those who Left us behind: (Tel: 25576273) (By SP Garg: AERWA mentoring Programme)

1. Shri V N Sathe, age 94yr (P-132) expired on 17/2/15. He was extremely proud of the fact that Dr Homi Bhabha interviewed him for this appointment. He had ever smiling face even when angry.

News Letter of AERWA Vol 16 No 2 Mar-Apr 2015 [13]

2. My father Mr.K.M.Vagal (L-740) 82 yrs of age expired on 14th March 2014. Regards, Nikhil Vagal (message received from the son on 20-Jan-2015). 3. Sri S V Moghe from Panvel demised on 9/10/2013, survived by wife, married sons and daughter. AERWA expresses its heartfelt condolences to the bereaved families.

************* Letter to Editor 1. Ramsar site in Tamilnadu and Orissa Salim Ali Centre for Ornithology and Natural History (SACON) has come out with a desk calendar for 2015, in which photos from 12 Ramsar sites in India are printed. Ramsar Sites are internationally recognized wetlands. In India there are 26 Ramsar sites.

We [my daughter, my wife and myself have done a 4-year bird survey programme at Point Calimere, the only Ramsar site in Tamilnadu and have done bird census programme in Chilika Lake, a unique freshwater lake in Orissa and a Ramsar site. The photo from Point Calimere, taken by me [shown above] and that taken at Chilika lake by my daughter, Prabhadevi, have been included in this calendar. This has given us recognition for our enormous effort. Dr B.Venkataramani,Tamilnadu: 04312708213 2. I look forward to receive AERWA News Letter (NL). I wish to congratulate AERWA Management for an excellent package of very useful information provided in every issue of NL. Dr V. K. Iya 2. Encounter with Tiger at Kanha National Forest Trip during Dec 2014 The photograph shown on the next page here is not of an ordinary tiger, Dr Pradhan has claimed that this tiger was just a few feet away from him and his family at Kanha National Forest. And yes he is safe and back to Mumbai.

Dr Pradhan has written “We spotted the tiger crossing the road ahead at some distance and then tracked him in our safari jeep. While waiting for him, it suddenly appeared from behind our jeep at a distance of 10 to 15 feet. He stopped and stared at us for a moment and thankfully changed his way in another direction without bothering us anymore.” Dr Ambika S Pradhan

-------------- Message to Members 1. AERWA invites members to write views/ queries/ suggestions etc under “Letter to Editor”. We shall be happy to publish them in the News Letter AERWA. 2. Direct deposit of cheque is very convenient, safe and faster way to make payments to AERWA. However, SBI does not provide information about the depositor’s identity. It is therefore mandatory to inform Name, Tel/ Mob No either by post or by email (address given on page 1) to: dr.veenasagar@gmail.com and to: gargsp2246@gmail.com 3. Following Deposits in AERWA SBI A/c are without any information about the Depositors: Deposit from Unknown Persons:

No Deposit Dt Cheque No Amt

1 10-Sep-14 685059 1000

2 15-Oct-14 Cash 1000

Following New Members have paid their Membership Fee but have not provided their addresses:

No Memb No Title Name

1 P-2559 Shri Kishore Kumar C

2 P-2615 Shri Kulkarni Swati Balkrishna

The above mentioned new members will not receive AERWA News Letter due to lack of information 4. AERWA News Letter from following members has been returned undelivered: 1. L-534 Shri Parab V T, Chembur, 2. P-593, Nair K K V, Trissur, 3. P-2518 Dr D V Gopinath Please inform their new addresses if available to anyone. Posting of News Letter will be discontinued till a correct address is informed.

News Letter of AERWA Vol 16 No 2 Mar-Apr 2015 [14]

5. AERWA will inform members about recent developments of interest to members by email. Those in future do not receive emails may please update their emails with names and membership no. to:

<aerwa12@gmail.com> & <gargsp2246@gmail.com>

**************** All India Consumer Price Index for

Industrial Workers-AICPI (IW)

Month CPI base 1982= 100

Twelve months total

Twelve monthly average

%increase Above 115.76 for DA/DR

Jan-14 237 2802 233.50 101.71

Feb-14 238 2817 234.75 102.79

Mar-14 239 2832 236.00 103.87

Apr-14 242 2848 237.33 105.02

May-14 244 2864 238.67 106.17

Jun-14 246 2879 239.92 107.25

Jul-14 252 2896 241.33 108.48

Aug-14 253 2912 242.67 109.63

Sep-14 253 2927 243.92 110.71

Oct-14 253 2939 244.92 111.57

Nov-14 253 2949 245.75 112.29

Dec-14 253 2963 246.92 113.30

DA/DR is expected to increase by 6% (a total of 113%) wef 1/1/2015. It is yet to be announced by Govt.

***************** PRINTED PERIODICAL

If not delivered please return to:

Atomic Energy Retirees Welfare Association (Regd) Regd. Off. 501 Emerald Heights, 32, Union Park, Chembur. Mumbai 400071; Tel: 09967357264. Publisher and Printer: Braj Mohan Misra on behalf of AERWA Printed at Sai Enterprises, 6-Shah Industrial Estate and published at: 501 Emerald Heights, 32, Union Park, Chembur. Mumbai 400071. Editor: R C Pant (Phone – 39246719)

RNI No.MAH/ENG/2000/706