OROP Comments - Brig R Vinayak, VSM (Retd)

Dear Veterans,

Comments on Maj Gen SPS Vains SC judgement received from Former Member of AFT Primary Bench is as follows 

 

 

SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.5566 OF 2008

@ SPECIAL LEAVE PETITION (CIVIL) NO. 12357 of 2006

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have gone through the SC Judgement of Maj Gen SPS Vains and others.

Quote (.)

The SC has categorically stated that all Officers of the same rank cannot be differentiated in terms of pension based on a cut -off date. In this judgement it clearly talks of Maj Gens and equivalents. But interpreted otherwise will mean that the judgement is applicable to all ranks. In this case they have specifically restricted the arrears from the date of filing the petition.

 

In the court of law, any one holding a rank can thus quote this judgment to seek pension as per the newly retired same rank pers.

That is why, while the JM agitation was on, there was a strong lobby to take the Judicial route. I hope that this judgement is cited in front of the one man judicial committee, so as to obtain a favourable decision.

 

Also, going by this judgement, the 7th Pay Commission benefit can't be with-held from the pensioners under the garb of OROP. Unless, they make the 7th CPC award applicable to the Armed Forces as and when the 5 year period for OROP harmonisation is due. It will have other implications.

(.) Unquote (.)

Brig R Vinayak, VSM (Retd)


Click to View Judgment Copy
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