HON’BLE SUPREME COURT JUDGEMENT DATED 11 JUL 2019 IN RELEVANT TO OUR OROP CASE(CIVIL APPEAL NO.10857 OF 2016)

Dear Friends,

         The Hon’ble Supreme Court in another important Judgement dated 11 Jul 2019 in a civil appeal No. 10857 of 2016 by All Manipur Pensioners Association Vs UOI has held that “All the Pensioners, irrespective of their date of retirement, viz. A particular fixed date viz Pre-1996 retirees shall be entitled to revision in pension at par with those pensioners who retired post that fixed date ie Post-1996” (Relevant extract of judgement is enclosed.)

2.       This exactly is our OROP  Case in Hon’ble Supreme Court that any change in the rates of pensions is to be passed to the past pensioners automatically and not periodically as has been notified by the Govt in its Notification dated 07 Nov 2015 which has fixed equalisation of OROP  Pension after every five years.

3.       The above Hon’ble Supreme Court Judgement reaffirms DS Nakra (Supra) case Judgement and Maj Gen SPS Vains and others Vs UOI & Others case judgement dated 04 Mar 2010.

4.       During Meeting on 01 Jul 2019 we had briefed Hon’ble Raksha Mantri on the anomalies arising out of 07 Nov 2015 Notification, Hon’ble Supre Court order dated 01 May 2019 and had requested for the removal of the anomalies before our next hearing in HSC on 06 Aug 2019.

5.       Let us hope for positive response from our new Raksha Mantri Sh. Rajnath Singh Ji who was the President BJP during 2013 and had assured our delegation on 07 Sep 2013 that OROP will be implemented if BJP came to Power.  This was prior to the  15 Sep 2013 Rewari Ex Servicemen Rally addressed by then Prime Minister candidate Sh. Narendra Modi where he had also assured ex servicemen that OROP will be implemented if his Govt came to Power.

            With regards,

Yours Sincerely,

Maj Gen Satbir Singh, SM (Retd)                                                   

Advisor United Front of Ex Servicemen and                                

Chairman Indian Ex-Servicemen Movement (IESM) Mobile:9312404269,01244110570                                                  

Email:satbirsm@gmail.com

-----------------------------------------------------------------------------------

Extract of Judgement

REPORTABLE IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 10857 OF 2016

All Manipur Pensioners Association .                                 .Appellant

by its Secy VersusThe State of Manipur and others ..Respondents

J U D G M E N T

8.1 As observed hereinabove, and even it is not in dispute that as such a decision has been taken by the State Government to revise the pension keeping in mind the increase in the cost of living. Increase in the cost of living would affect all the pensioners irrespective of whether they have retired Pre-1996 or Post-1996. As observed herein above, all the pensioners belong to one class. Therefore, by such a classification/cutoff date the equals are treated as unequals and therefore such a classification which has no nexus with the object and purpose of revision of pension is unreasonable, discriminatory and arbitrary and therefore the said classification was rightly set aside by the learned Single Judge of the High Court. At this stage, it is required to be observed that whenever a new benefit is granted and/or new scheme is introduced, it might be possible for the State to provide a cutoff date taking into consideration its financial resources. But the same shall not be applicable with respect to one and single class of persons, the benefit to be given to the one class of persons, who are already otherwise getting the benefits and the question is with respect to revision.

9.      In view of the above and for the reasons stated above, we are of the opinion that the controversy/issue in the present appeal is squarely covered by the decision of this Court in the case of D.S. Nakara (supra). The decision of this Court in the case of D.S. Nakara (supra) shall be applicable with full force to the facts of the case on hand. The Division Bench of the High Court has clearly erred in not following the decision of this Court in the case of D.S. Nakara (supra) and has clearly erred in reversing the judgment and order of the learned Single Judge. The impugned judgment and order passed by the Division Bench is not sustainable and the same deserves to be quashed and set aside and is accordingly quashed and set aside. 

The judgment and order passed by the learned Single Judge is hereby restored and it is held that all the pensioners, irrespective of their date of retirement, viz. pre1996 retirees shall be entitled to revision in pension at par with those pensioners who retired post-1996.The arrears be paid to the respective pensioners within a period of three months from today.

10. The instant appeal is allowed accordingly. However, in the facts and circumstances of the case, there shall be no order as to costs.

                                                              ……………………………………J.

                                                                              [M.R. SHAH]

NEW DELHI;                                                   ……………………….J.

JULY 11, 2019.                                                 [A.S. BOPANNA]

  

(Source : Via e-mail)