Government MA for extension of time for payment of arrears for equalisation of OROP due to veterans since 1.07.2019 was heard in the court of CJI at 1230h onn9 Jan 2023.
Bench consisted of Honorable Judge Dr DY Chandrachud CJI
and Justice PS Narasimha.
Attorney General Mr R Venkataramni appeared from Govt.
IESM was represented by
Sr Lawyer Mr Hujefa Ahmadi
Mr Balji Srinivasan
M/s Garima
Present in SC
Maj Gen Satbir Singh SM
Gp Capt VK Gandhi VSM
AG confirmed in SC that OROP tables have been prepared by CGDA and are being checked for correctness and Govt should be given extension of three months for payment till 15 Mar 2023.
OROP lawyer Mr Hujefa Ahmadi strongly opposed extension for payment. He argued that Govt was supposed to pay by 15 June 22 as ordered by HSC vide the order dated 16 Mar 2022. Govt did not pay and asked for extension of three months till 15 Sept 2022. However HSC gave extension till 16 Dec 2022. A total of nine months extension has already been granted. Any further extension should not be granted and it will injustice to valiant ESM. He strongly put across that veterans’ OROP payment arrears have already been delayed from 2019 by three years and hence further extension should not be given.
He further stressed that in last three years about 4 lakh ESM and veernaris have died waiting for their legal arrears.
AG insisted that Govt has completed all action for payment and payment will be made in March 2023. He confirmed that Govt has already issued executive order on 4 Jan 2023.
Mr Hujefa Ahmadi strongly insisted that this undue delay in payment is not fair with ESM who have served the Nation. He further stated that if Govt is still not ready for payment and needs extension for executing HSC orders then veterans should be paid interest for the delayed period.
The bench patiently heard the arguments and agreed to give extension of time to Govt for payment of arrears by 15 March.
Mr Ahmadi again strongly opposed Government plan of payment of arrears in four half yearly instalments. He argued that third and fourth instalments, with this plan, would go in 2024, and in 2024 next equalisation would fall due thereby causing more problems of payment and calculation. He strongly requested the Honorable court that full arrears be paid to veterans in one instalment.
SC asked AG to look into this issue make payment to veterans in one instalment if possible.
HSC also gave freedom to IESM to file another MA if not satisfied with Govt action.
IESM has noticed that Govt vide the letter dated 4.01.2023 have denied OROP to veterans who have taken PMR from or after 1.07.2014. This contrary to the instructions given in letter dated 07.11.2015, wherein veterans opting for PMR on or after 07.11.2015 were denied OROP benefits. IESM and our lawyers have not taken up this issue today because then the arguments would have been hijacked from main issue of OROP.
IESM is fully ceased of this important aspect and will take up with Govt in writing. And if Govt doesn’t amend the date then a separate case will be filed by IESM in AFT.
Gen. Satbir, Chairman IESM, profusely thanked our team of lawyers and appreciated their dedication to the cause of veterans. He again thanked Mr Hujefa and Mr Balaji for representing veterans in this important case pro bono.
Gp Capt VK Gandhi
Vice Chairman IESM.
9 Jan 2023.
Exp:55%
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