OROP CASE _UPDATE ON MISCELLANEOUS APPLICATION (MA) OF IESM

FINAL DELIBERATIONS IN SC ON OROP WP(C) 419/2016

OROP CASE _UPDATE ON MISCELLANEOUS APPLICATION (MA) OF IESM 

MA for OROP case was listed in Supreme court in court no 1 on 20 Mar 2023, today, in court of CJI Dr DY Chandrachud, 

HMJ Mr PS Narsimaha

HMJ Mr JB Pardiwala

IESM was represented by

Mr Hujefa Ahmadi Sr lawyer

Mr Balaji Srinivasan AOR

Mr Rohan Dewan

Mr Arunava Mukherjee

Mr Rohan Sharma

M/s Garima Jain

In attendance 

MAJ Gen Satbir Singh SM 

GP CAPT VK Gandhi VSM 

MOD was represented by Mr 

R Venkatramani and his team

Our turn came for hearing at 11.30 hrs.

Govt had submitted an affidavit by Sec DESW explaining reasons for issuing Govt letter dated 4.01.23 and 20.1.23 for payment of arrears in four instalments. The affidavit clearly stated that Govt did not mean to disobey HSC order dated 15.3.22 and 09.01.

Government submitted an affidavit that letter dated 20.1.23 is being withdrawn. 

Attorney General made a strong plea for making payment of arrears in four instalments and submitted an affidavit in closed envelope to Honourable SC. Honourable judges asked whether this affidavit has been give to petitioners lawyer. AG confirmed that Govt cannot share this information with public.

 Honourable judges remarked that this could have been shown to petitioners lawyer by calling him to your chamber. Since the affidavit has not been shared with petitioners lawyers, SC refused to take it on record and returned the affidavit. CJI also commented that he is personally against information in sealed envelope in courts. All the deliberations in the courts are supposed to be transparent and open to all. 

AG made stronger plea that keeping in mind the fiscal responsibility of Govt to maintain and fund other welfare services, request of Government to make payment of arrears in four instalments till July 24 may be accepted. He further confirmed that Govt is committed to make payment of arrears as per prescribed timeline given below. 

1. Arrears payment to family pensioners and gallantry award winners and disabled soldiers by 30.6.23. 

2. Arrears to past pensioners, above 70 yrs of age, by 30.9.23

3. Arrears to remaining veterans in three instalments, last being in July 2024. 

AG further elaborated that releasing of Rs 28000/ crores as arrears of OROP in one go will result in delay of other welfare schemes of Govt and request of Govt timeline may be accepted.

CJI and bench refused to accept this time line and said that while they understand fiscal difficulties of Govt but they cannot delay the arrears to ex servicemen as proposed by the Govt. 

Our lawyers Mr Hujefa Ahmadi very strongly argued 

1. That Govt was supposed to pay these arrears on 1.07.2019 as per their own letter dated 7.11.2015. Govt has failed to follow their own order. 

2. Govt also could not abide by the order of this honourable court dated 15.3.2022 that all arrears of ex servicemen should be paid by 15.6.2022. 

3. Govt filed a MA and requested for extension of time for payment of arrears by three months. HSC granted six month extension till 15 Dec 22 as against three months ex extension asked by Govt to make payment of full arrears. Mr Ahmadi asserted that Govt failed to make payment of arrears to valiant ex servicemen even by  15.12.2022 and Govt had then filed another MA for further extension. This MA came up for hearing on 9 Jan 23 and court granted further extension and ordered that payment of all arrears to be completed by 15 Mar 23 as per order dated 15 Mar 22. 

4. Govt issued a letter dated 20.1.23 for payment of arrears to ex servicemen in four half yearly instalments. This letter is being withdrawn. 

5. IESM filed MA that Govt has wilfully disobeyed orders of this honourable court and payment of arrears for OROP must be completed by 15 Mar 23 as ordered by HSC vide their order dated 15.3.22 and 9.1.23. 

6. On 27.2.23 HSC ordered that Govt letter dated 20.1.23 

must be withdrawn completely before any other submission. 

7. Mr Hujefa further argued that argument of shortage of funds by Govt is not correct as Govt issued a letter on 27.2.23 that full arrears of OROP must be paid by 15.3.23 by Govt. Further CGDA had also issued circular 667 for payment of arrears by 15.3.23. Honourable judges read the letters and took note of the contents. 

In view of above Mr Hujefa Ahmadi IESM senior lawyer strongly opposed any extension for payment of arrears of OROP. 

After hearing arguments Honourable court opined that Rs 28000/ crores in one go may be a huge fiscal burden on Govt. 

Mr Hujefa Ahmadi sensed that honourable court is inclined to grant extension for payment and accept the request of Govt. He once again very strongly argued that 

1. Govt has no shortage of funds as  all schemes of Govt are being implemented without any restrictions. 

2. Ex servicemen have served our country valiantly and sacrificed their life and limbs for security of country. They are not demanding even a single paisa more than their due pensions. Hence their legal and rightful dues should not be delayed. 

3.  However if the HSC still feels that further extension is justified because of fiscal difficulties of the Govt then the gallant ex servicemen should be granted interest on their delayed payments for delayed periods. He further stressed that this honourable court had been granting interest on delayed payments to many petitioners and approval of interest on delayed payments to ex servicemen will be recognition of their sacrifices and the respect. 

After listening to the arguments HSC ruled that arrears on account of OROP to ex servicemen will be paid as per following timeline. 

1.  OROP arrears payment to family pensioners, gallantry award winners and disabled soldiers is to be paid by 30.4.23

2. OROP arrears payment to ex servicemen above 70 yrs age is to be paid by 30.6.23. 

3. Remaining pensioners are to be paid balance three equal instalments on 31.8.23,  30.11.23 and 28.2.24.

4. All arrears are to be cleared positively by 28.2.24. 

5. On the request of Mr Hujefa Ahmadi HSC ordered that equalisation of OROP due on 01.07.2024 will not be delayed because of the deferred payment of OROP equalisation of 2019. 

IESM recognises the guidance and encouragement given by SH Ram Jethamalani for fighting the OROP with Govt and getting the OROP approved from Govt. IESM also thanks unrelenting support of Mr Ram Jethmalani and his offer to fight OROP case for IESM PRO BONO. IESM on behalf of all ex servicemen and their families pray for shanti of his soul. 

IESM, on behalf of 25 Lakh ex servicemen and families, is thankful to our team of lawyers for representing OROP PRO BONO. A big salute to our team of lawyers. 

1. Mr Hujefa Ahmadi Sr lawyer

2. Mr Balaji Srinivasan AOR

3. Mr Arunava Mukherjee

4. Mr Rohan Sharma

5. M/s Garima Jain 

6. M/s Pratiksha 

7. Mr Rohan Dewan

IESM also thanks all veterans for their unrelenting support and reposing faith on IESM and supporting the Governing Body for taking OROP fight with GOI and then taking up Writ Petition in Supreme Court. 

IESM assures all ex servicemen that IESM will take appropriate cases at all courts for welfare of ex servicemen and their families. 

Gp Capt VK Gandhi VSM. 

Vice Chairman IESM 

 20 March 23.

The Original judgement is given below.