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OROP: Seriously Consider Concerns Of Ex-Servicemen Who Have Served The Nation, SC Tells Centre [Read Order]

LIVELAW NEWS NETWORK
5 May 2019 5:55 AM GMT
OROP: Seriously Consider Concerns Of Ex-Servicemen Who Have Served The Nation, SC Tells Centre [Read Order]
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"It would be appropriate and in the interest of justice if these concerns, which have been expressed on behalf of personnel, who have served the nation as members of the Armed Forces of the Union before retirement.
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The Supreme Court has asked the Central Government to seriously consider the concerns raised by retired army personnels about One Rank One Pension.

It would be appropriate and in the interest of justice if these concerns, which have been expressed on behalf of personnel, who have served the nation as members of the Armed Forces of the Union before retirement, are duly considered by the Union government at an appropriate level, said a bench comprising of Justice DY Chandrachud and Justice Hemant Gupta.

Indian Ex-Servicemen Movement, the petitioners, had raised concerns about implementing OROP by adopting a modified definition of the expression under which the gap between the rates of pension of current and past pensioners would be bridged at "periodic intervals"

In the note, they submitted that the implementation of this new definition of OROP defeats the very principle of OROP by creating a class within a class of the same officers, which in practice tantamount to one rank different pension. They made following submissions:

  • Fixation of pension as per calendar year 2013 would result in past retirees (pre 2014) getting less pension of one increment than the soldier retiring after 2014
  • Fixation of pension as mean of Min and Max pension: Fixing pension as mean of Min and Max pension of 2013 would result different pensions for the same ranks and same length of service and the past retiree would get 1.5 increment lesser on account of such fixation.
  • Pension equalization every five years would result in the grave disadvantage to the past retirees.

Listing the petition in August, the bench observed:

"We are of the considered view that it would be appropriate if the Union government scrutinizes the grievances which are placed before the Court in the above note…We would expect the government to seriously consider the grievances and to determine whether and, if so, to what extent, justice can be provided for the satisfaction of all concerned."

Read Order


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