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Video Tags: By the judgment of this Court dated 16 March 2022, the arrears in pursuance
of the One Rank One Pension (OROP) scheme were directed to be paid within
a period of three months to all pensioners. Paragraph 51 of the judgment of
this Court dated 16 March 2022, is extracted below:
“We accordingly order and direct that in terms of the
communication dated 7 November 2015, a re-fixation exercise
shall be carried out from 1 July 2019, upon the expiry of five
years. Arrears payable to all eligible pensioners of the armed
forces shall be computed and paid over accordingly within a
period of three months.”
2 The period of three months expired on 16 June 2022.
3 On an application filed by the Union Ministry of Defence, a further extension
of time of three months was granted by an order dated 16 September 2022.
4 By an order dated 9 January 2023, a further extension of three months has
been granted.
5 In the meantime, a communication has been issued by the Department of
MA 219/2023
3
Ex-Servicemen Welfare in the Union Ministry of Defence on 20 January 2023.
Paragraph 6 of the communication states as follows:
“6. Arrears on account of revision of pension from 01.07.2019
till date of its implementation shall be paid by the Pension
Disbursing Agencies in four half yearly installments.
However, all the family pensioners including those in
receipt of Special/Liberalized family pension and all
Gallantary award winners shall be paid arrears in one
installment.”
6 Paragraph 6 above, which seeks to defer implementation in four half yearly
installments is contrary to the order of this Court by which time has been
extended until 15 March 2023 to pay the entire arrears. The submission of Mr
N Venkataraman, Additional Solicitor General is that arrears due to family
pensioners and gallantry award winners will be disbursed by 31 March 2023.
This would not fulfill the requirement of the above orders of this Court.
7 We direct the concerned Secretary in the Union Ministry of Defence
entrusted with the duty of overseeing the Department of Ex-Servicemen
Welfare to file a personal affidavit explaining the circumstances in which
such a unilateral decision to extend time for payment was made in-spite of
the clear directions of this Court.
8 We are issuing these directions in order to furnish an opportunity to the
Union Government to comply with the binding directions of this Court
contained in the order dated 9 January 2023.
9 List the Miscellaneous Application on 13 March 202