GRANT OF #ONE RANK ONE PENSION

29th July 2022 #UPDATE ON THE REVIEW PETITON (11943/2022) FOR GRANT OF # Veterans

You are all aware that OROP petition filed by IESM bearing diary no 419 of 2016 was disposed of by HSC vide judgment dated 16 Mar 2022 on the grounds that the court does not find any legal infirmity in the letter of MOD dated 7 Nov 2015. As per letter dated 7 Nov 2022, OROP equalization is to be carried out every five years. Honorable Supreme Court has ordered that MOD should pay pension equalization as per letter dated 7 Nov 2015 (due on 1 July 2019) with arrears within three months of the judgement that is before 15 June 2022. However IESM was not satisfied with this judgment and decided to file Review Petition to present case for full OROP.

IESM found more authenticated documents to present its case for full OROP and filed a Review Petition on 13 Apr 2022 bearing diary no 11943 of 2022. New evidence was included in the RP. The evidence was that Government had ruled to fix pension of JCOs/ORs on the max pension of the year as per letter no 1(13)/2012/D(Pen/Pol) dated 17 Jan 2013 and 10 PC10(1)/2009-D/Pen/Pol dated 8 Mar 2010. Para 2 of the letter states that, as per recommendation of the committee, The President is pleased to decide that with effect from 1st July 2009, service pension/special pension/invalid pension/service element of invalidity  (in release cases only) of pre 1.01.2006 PBORs pensioners of Army, Air Force and Navy (including DSC and TA) shall be reckoned at 50% of Notional pay in the post 1.1.2006 revised pay structure corresponding to the Maximum of the Pay Scales applicable from 10.10.1997 of the rank and group continuously held for the last 10 months. Further it says that pension of pre 1.1.2006 JCO/OR pensioners may be determined on the basis of NOTIONAL MAXIMUM for the ranks and group across three services. RP was filed on the grounds that GOI was paying pension to Armed Forces personnel based on max pension of the year then how and why the pension has been reduced to mean of max and min pension of one year behind. 

Further IESM also attached HSC judgment in the case of 4248-4249 of 2014 dated 31 Mar 2014; where in all judges of High Courts have been awarded One Rank One Pension irrespective of number of years of service. The operative para is given is:

“In most of states, the judgeship of High Court is offered to advocates who are in the age group of 50-55 years, since pre-eminence at bar is achieved normally at that age. After remaining at the top for few years, a successful lawyer may show indication to accept judgeship, since that is culmination of the desire and objective of most of the lawyers. When persons holding constitutional office retire from service, making discrimination in the fixation of their pensions depending upon the source from which they were appointed is in breach of Article -14 and 16(1) of the constitution. ONE RANK ONE PENSION must be the norm in respect of constitutional office.”

IESM is disappointed that despite such strong new evidence RP (diary no 11943/2022) for grant of ONE RANK ONE PENSION for Armed Forces has been dismissed. HSC order for RP has been uploaded on the HSC website after 1700h on 28 July 2022

It is for information of veterans that GOI had submitted an application on 9 June 2022 for extension of time for payment of equalization due on 1 July 2019 as per GOI letter dated 7 Nov 2015. HSC had ordered that the arrears must be paid to all veterans by 15 June 2022. HSC has so for not accepted the application of GOI and so for not given extension of time. As per our information HSC has found some errors in the application and GOI has been asked to rectify the errors and resubmit the application. The application has still not been resubmitted in the HSC. IESM lawyers will oppose this extension and will request HSC to give arrears with 8% interest for the extension period if granted by HSC.

Gp Capt VK Gandhi 

Vice President #IESM

29 July 2022