The Supreme Court on Monday expressed concerns over non-payment of pensions to personnel from the armed forces. This is the second time SC has taken cognisance of the case this past month.
A three-judge bench headed by CJI DY Chandrachud expressed displeasure over recent communications by the Union Defence Ministry and urged them to withdraw the same.
The Supreme Court said the Ministry of Defence cannot take law in its own hands by issuing communication on payment of One Rank-One Pension (OROP) arrears in four installments.
CJI Chandrachud said, “Our concern is that ex-army personnel should get paid. It is sad that 4 lakh personnel have died so far.”
Attorney General R Venkataramani said the Centre has paid one installment of OROP arrears to ex-servicemen but need some more time for further payments.
“First withdraw (your) January 20 notification on payment of OROP arrears, then we will consider your application for time,” the bench told Venkataramani.
The apex court urged the attorney general to file a note regarding the recent developments and enquired about the developments so far.
The top court asked the Defence Ministry to withdraw its January 20 communication in connection with the payment of arrears of OROP in instalments to the eligible pensioners of the armed forces.
SC’s February Hearing
Last month, the Supreme Court had slammed the Defence Ministry over the same issue when a bench headed by Chief Justice D.Y. Chandrachud and comprising justices – PS Narasimha and JB Pardiwala heard the case.
JB Pardiwala had told Additional Solicitor General N. Venkataraman: “Here, you are not fighting a war. Here, you are fighting a battle under the rule of law, you better set your house in order. This is not the way for the Ministry of Defence to go about it.”
The Chief Justice had said: “You tell the secretary that we will take action against him for issuing that communication on January 20, he better withdraw it before the next date… the sanctity of the judicial process has to be maintained. Either the secretary withdraws that communication or we will issue a notice of contempt… no business to take law in your hands”.
Centre’s ‘Formula’
Last year in March, the apex court had delivered a judgment on the plea filed by the Indian Ex-servicemen Movement (IESM) through advocate Balaji Srinivasan against the Centre’s formula.
The apex court on January 9, had granted time till March 15 to the Centre for payment of total arrears of OROP to all eligible pensioners of the armed forces.
Later, the government moved the apex court seeking extension of time till March 15 for payment of arrears of OROP scheme to all eligible pensioners of the armed forces.
(With IANS Inputs)
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