Please be careful while drafting the petition for challenging Table 8—don't get into the trap laid by DESW and PCDA.

 At the outset, request that all the legal teams of the litigants be offensive rather than defensive. We have very effective and legally valid documents to substantiate that the revised XGP Pay of Rs 6200 is on the basis of possessing the required qualification, which is well defined in Paragraph 4(a) of the Cabinet Approved Resolution dated September 5, 2016. This is the only authority for the policy-making body of MOD, and they cannot violate the cabinet decision in this regard. The cabinet resolution does not contain any cut-off date.

The respondent cannot take the stand that OROP has nothing to do with any previous government orders which is illegal since OROP is based on the pay of all those who are retired during the calendar year 2018 with their pay and all other reckonable emoluments are based on previous government orders.

We have to challenge them to produce any document that issued by the 7^th CPC for bifurcation of X group with a cut-off date.

The respondent has fixed the pension of all pre-2016 X group veterans as per their vide circular issued on 05/09/2017 on the authority of cabinet resolution dated 05/09/2016 with Rs 6200 as XGP Pay wherever eligible.

The Air Head Quarters has issued Air HQ Circular Air HQ/99141/1/AFPCC dated 08/05/2017showing their trades eligible for XGp Pay of Rs 6200 on the basis of Qualification,

The respondent is wrongly interpreting the revised X group   pay of Rs 6200 under 7th as a new benefit to take advantage of Para 48 ii of the HSC Judgement dated March 16, 2022.

At the same time, the respondent also wrongly stated that the 7^th CPC has divided the XGP Pay between pre- and post-2016 retirees without any valid document or authority. Even if it takes for academic inquiry, if previous government orders are not applicable to OROP, they are making contradictory statements in reply to veteran grievances. The very basis of OROP is taking the Basic Pay & all other reckonable elements drawn by veterans retired during the calendar year 2018 which is based on Previous Govt Order.

The illegal letter issued by DESW dated April 8, 2022, after the judgement in the OROP case is in violation of cabinet resolution dated September 5, 2016, and takes advantage of Paragraph 48 (ii) of the judgement that a new benefit can be bifurcated.

Hence, here we are on the defensive role to prove it is not a new benefit, and the main mission of the MOD is to tie up us in this matter and divert our attention from the matter of qualification-based X pay, which is a nuclear weapon in our hands. This is the reason that neither DESW nor PCDA mention any other reason for the bifurcation of X pay. They want our veterans to fall into the trap laid by them.

We cannot entirely depend on the principle that a Homogeneous group cannot be bifurcated since many courts have given divergent views on this principle, and even the D. S. Nakara case was not allowed to be pleaded in this case by HSC.

I hope the necessity of being offensive with our valid and most powerful document would be wiser than getting into the trap of DESW.