Addendum to Common Cause Appeal to UNAT - Case # 2009-001

ADDENDUM TO THE UNAT COMMON CAUSE APPEAL SIGNED/SUBMITTED

ON 27 AUGUST 2009 BY M/S SUNDARAM, MUTHUSWAMI & SRINIVASAN

UNAT CASE # 2009-001

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SHOULD BE READ IN CONJUCTION WITH

SECTION IV. LEGAL BASIS/ARGUMENT , OF THE ORIGINAL COMMON CAUSE APPEAL

Para 29.A – “Noblemaire Principle”

The pay and emoluments as well as service conditions of the serving staff of the UN family are, among other things, governed by the noble Noblemaire Principle, viz., matching or even surpassing the best conditions offered to staff among the civil services of the Governments of the Member States.

29.b Retired staff, as the UN Secretary General, proudly proclaimed thus -----

“TO US YOU ARE FORMER INTERNATIONAL CIVIL SERVANTS ON PAPER ONLY; IN PRACTICE YOU REMAIN VALUED MEMBERS OF THE UNITED NATIONS FAMILY.”

Further on, he added:

“ACCUMULATED WISDOM, INSTITUTIONAL MEMORY OF FORMER INTERNATIONAL CIVIL SERVANTS COMPLEMENT DEDICATION OF TODAY'S UNITED NATIONS STAFF.”

and they are, thus the extension of the currently serving staff and hence the Rules and Terms that applied during their tenure of services with the UN, should logically be extended to their period of retirement. In short, the Noblemaire Principle (or any other service conditions) that were applicable before their retirement should also prevail. We don't suddenly get disjointed.

29.c As we all know, some of the National Civil Service Pension Schemes limit the period of commutation to a fixed duration, for those who took the lump sum option, after which their full pension was automatically restored. If the best of the Government Pension Schemes allow for the restitution of the full pension after a period of (actuarially determined) years. these terms should also govern the Rules and Implementation of the UN Pension, according to the coveted Noblemaire Principle. It is not logical or reasonable to argue that UNJSPF is different from national Pension Schemes. While the level or calculation of our pensions may not be the same in every case, the UNMISTAKABLE FACT is that the lump sum practice is identical in all cases. We are here talking only about the lump sum operation and with the application of the Noblemaire Principle, the best terms offered by any of the Governments, should be applied.

29.d Hence, our Appeal includes this additional argument: "Don't discriminate between present and former UN staff but treat both categories the same in respect of policy and implementation, governed by the Noblemaire Principle (or any other Terms and Conditions) applicable."

END OF ADDENDUM

SIGNED: S.P. SUNDARAM (R#28009) ----------------------------------------
(signed by the following signatory as requested by Mr Sundaram who is not in Chennai & unwell)


V.MUTHUSWAMI (R#63374) (Signed)



G.S. SRINIVASAN (R#66715) (Signed)


Chennai, India : 30 September 2009 (Also Notarised & RECD AT UNAT)