The Armed Forces Tribunal, Chandigarh Bench, has issued notice to the Ministry of Defence on a petition challenging the notification issued by the Ministry regarding the one rank one pension (OROP) on February 3, 2016.
The petitioners contend that para 4.1 of the notification deprives reservist pensioners /DSC Pensioners and those who are in receipt of two pension and many other categories from the benefits of one rank, one pension from July 1, 2014, which is illegal, discriminatory, arbitrary, resulting in violation of the Articles 14 and 16 of the Constitution and infringement to the Right to Property .
The Bench of the AFT consisting of Justice Parkash Krishna and Lt Gen DS Sidhu ( Retd) issued notice for July 4, 2016, to the Ministry of Defence.
The petitions were filed by the chairman of the All-India Ex-servicemen Welfare Association, Bhim Sen Sehgal, on behalf of the petitioners Baldev Singh, Raghuvir Singh, Bhuri Singh, Raj Mal, Chand Kishore Sharma and many others reservist pensioners, DSC pensioners, as well as those drawing two pensions but deprived of the one rank one pension from July7, 2014.
The association has demanded setting aside of the portion of the notification and direction to the authorities for the grant of OROP to all categories of personnel, including the reservist pensioners, DSC pensioners and those drawing two pensions and the pensions of all these categories be revised from July 1, 2009, September 24, 2012 and then from July 1, 2014, onwards and all arrears be paid to them with interest and exemplary damages.
Sehgal, who appeared for the (PBORs) submitted before the Bench that these reservist pensioners of the Indian Army had served during emergencies of the Indo-China Aggression of 1962, Indo-Pak War of 1965 and 1971 and on completion of their regular and reserve service of 15 years were granted the reservist pension of Rs 40 pm in 1972 which was revised to Rs. 375 pm from January 1,1986, then Rs1,275 pm from January 1,1996 and then Rs 3,500 pm w.e.f January 1, 2006, but thereafter there was no increase in their pension from July, 2009, September 24, 2012, and then from July 1, 2014 (on OROP). The association had already submitted representation to the authorities concerned but nothing has been done till date, hence the association moves the Armed Forces Tribunal for the relief to these unfortunate soldiers who are in advance stage of their life