OROP case was listed in Supreme court

 OROP case was listed in Supreme court 

OROP WP(C) 419/2016

*UPDATE ON MISCELLANEOUS APPLICATION (MA) OF IESM FOR OROP CASE* 

MA for OROP case was listed in Supreme court in court no 1 on 13 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 Arunava Mukherjee

Mr Rohan Sharma

M/s Garima Jain

In attendance 

Maj Gen Satbir Singh

Gp Capt VK Gandhi

MOD was represented by Mr 

R Venkatramani and his team

Our turn came for hearing at 12.30 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 16.03.22 and 09.01. 2023.

Govt also submitted another MA in HSC on 11.03.23 with a request to modify SC dated 16.03.22 and 09.01.23 and permitting Govt to pay arrears to ex-servicemen in four half yearly instalment. However this MA was not listed as it was submitted late. 

Our lawyers had also submitted an MA with a request that: 

1. Further extension for payment  of arrears of OROP should not be granted to Govt. 

2. Payment of arrears be made in one instalment as per order of HSC dated 16.03.22 and 09.01.2023.

3. Issuance of letter dated 4.01.23 and 20.01.23 for payment of arrears to ex-servicemen in four instalments as against one instalment as ordered by HSC vide their above referred orders is amounting to defying HSC orders. 

CJI accepted the affidavit submitted by the Sec DESW and once again pointed that no one has any authority to change orders passed by this court and take law in his hands. AG expressed his regret and explained there was no intention to disobey the Honorable court’s order. He further explained that Govt has to work out pension arrears of more than 20 lakh ex-servicemen. It is a very time-consuming exercise and it is not possible to calculate these details by 15 Mar 23. Further the arrears are likely to amount to more than Rs 27000/ crores and GOI will not be able to release such large amounts without disturbing the allotment to other welfare schemes. 

AG further requested HSC to amend its order dated 16.3.22 and 09.01.23 to authorise GOI to make payment of OROP in four half yearly instalments. 

CJI categorically mentioned that this court will take any request only after Government letter dated 4.01.23 and 20.01.23 are withdrawn as these orders are issued in violation of this court’s order.

Our Senior lawyer Mr Hujefa Ahmadi requested the Honorable court that OROP order, for payment of full OROP arrears by 15.03.23, was given by this honorable court for release of OROP payment as per judgement of HSC dated 16 Mar 2022 and then on 09.01.2023. HSC has clearly stated that order of HSC must be followed in letter and spirit. He further explained that GOI had issued instructions to make payment in one instalment by 15 Mar 2023 to all ex-servicemen. Accordingly, CGDA had also issued circular 667 on 28 Feb 23. However, this circular was withdrawn without giving any reason on 1 Mar 23. He further pointed out that this is gross violation of order of HSC dated 27 Feb 23. Mr Hujefa Ahmadi further emphasized Government is misleading the court by saying that the Government is short of funds because this Government has money to build statues and for G-20 but is shying away for payment to valiant ex-servicemen. He further stated that 4 lakh ex-servicemen have died in this period without getting their legitimate pension and many lakhs more will die waiting for their dues if any extension is granted. 

He further argued that more than sufficient time has been granted to Govt since 2019 by this court but the Govt has failed to complete the calculations. He emphasized that any further extension will be gross injustice with ex-servicemen, who have served valiantly our mother land.

Honorable CJI taking note of arguments then asked the AG to submit a detailed calculation sheet in the court by Monday 20 Mar 23 and only then the Honorable court will pronounce its judgment. 

The case was adjourned till 20 Mar 23 for final judgement. 

Gp Capt VK Gandhi 

Vice Chairman IESM 

13 Mar 23

Further important developments 

A letter dated 13.03.2023 by CDA to all AGMs and Chief Managers and all CPPC to make the payment of OROP to all ex-servicemen by 15 Mar 23 is in circulation. Its authenticity will only be confirmed if we get payment in our account today.

In further development CDA has withdrawn the above referred letter thus adding more confusion.