Supreme Court said - Ministry of Defense cannot take law in hand

Supreme Court said - Ministry of Defense cannot take law in hand: Notification on One Rank One Pension against our orders, withdraw only then hearing

Mar 13, 2023 - 14:20
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Supreme Court said - Ministry of Defense cannot take law in hand

The Supreme Court has made a strong comment on the notification of the Ministry of Defense to pay the arrears of One Rank One Pension in four instalments. The Supreme Court said that the Ministry of Defense cannot take the law into its hands for payment. The Defense Secretary should immediately withdraw the notification issued on January 20 for this.
In fact, on January 9, the SC had given the Center time till March 15 to clear the total arrears of One Rank One Pension. But on January 20, the ministry issued a release that the dues would be paid in four annual instalments.
After this, the Indian Ex-Servicemen Movement (IESM) filed a petition demanding the cancellation of the notification of the Ministry of Defense.
CJI DY Chandrachud said- The notification is directly against our orders. When they withdraw the order of the 20th, then only we can hear the application of the government.
According to reports, the number of beneficiaries has crossed 25 lakhs including the soldiers who retired after July 1, 2014. 8,450 crore on the government due to this. There will be an additional burden of Rs. After the amendment, the arrears or arrears from July 2019 to June 2022 will also be given to the pension scheme. That is, a total of Rs 23,638.07 crore will be given.
If the government fails to make the payment by March 15, interest at the rate of 9% will be charged on the outstanding amount. That's why the Center had applied to the court to extend this deadline.
Here the Central Government told the Supreme Court that it has paid one installment of OROP dues to the ex-servicemen, but some more time is needed to clear the dues. On this the CJI again said- First withdraw your January 20 letter on payment of OROP dues, then we will consider your application for more time.
CJI DY Chandrachud asked AG R Venkataramani, who was arguing on behalf of the government - when will you pay it? After all, it is a pension. On this AG said that the first installment will be released before 31st March.
Senior Advocate Huzaifa Ahmadi said that even after applying for an extension 4 times, he wanted more extensions. This is wrong. They have enough money for other things but they don't have money to give to pensioners. 4 lakh pensioners have died.
The Supreme Court had on January 9 given the Center time till March 15 to clear the total OROP dues. Meanwhile, on January 20, the Ministry of Defense issued a letter to pay the dues in 4 installments, which was challenged by the ex-servicemen in court. On this, the bench headed by CJI DY Chandrachud said, we had given time till March 15. How can you order payment in installments?
One Rank One Pension (OROP) means the same rank and same pension for the same period of service. The date of retirement does not matter in this. That is if an officer served in the armed forces for 15 years from 1985 to 2000 and another officer served from 1995 to 2010, both would get the same pension. This will benefit 25 lakh ex-servicemen.

Muskan Kumawat Journalist & Writer