A bench of CJI DY Chandrachud and justices PS Narasimha and JB Pardiwala directed the defence ministry secretary to file a personal affidavit explaining why a “unilateral” direction was passed when SC had ordered that the payment be made by mid-March this year. Last month, the ministry said payments would be made by way of four equal half-yearly instalments.
“This is not a war but under the rule of law. Set your own house in order. If not, we will issue a contempt notice to the ministry of defence,” the CJI warned.
Appearing on behalf of the petitioners, senior advocate Huzefa Ahmadi questioned how the government could unilaterally alter the deadline set by the top court. “When this court passed an order, how can the department reserve the right to modify it? Four lakh pensioners have passed away in the interregnum and they cannot claim the pension,” Ahmadi argued.
SC warned that interest at the rate of 9% will have to be paid if arrears are not cleared by March 15.
Last March, the court had upheld the Orop scheme introduced by the Centre through its notification of November 7, 2015. In the ruling, it, however, said a refixation exercise must be conducted by the government for five years with regard to pension payable to Army personnel as stated in the Orop policy in accordance with the November 7, 2015, notification. It had then said that the arrears should be paid within three months. It was extended by another three months in September 2022. On January 9 this year, SC granted another extension and fixed March 15 as deadline.
However, the Centre then on January 20 this year issued a communication that payment will be made quarterly in four half-yearly instalments.
For all the latest world News Click Here
