Why directly filing Writ Petition in HSC under Article 32?
This
Petition is arising out of the misconception by MOD regarding the applicability
of X Group Pay of Rs.6200 to Pre-2016 Veterans, consequent to the
implementation of HSC laid down principles in Judgement delivered by HSC in
WP(C) 419/2016.
Since a
disputed Subject contained Judgement of HSC cannot be challenged in HC under
Article 226, we are approaching this Apex court to deliver a Speedy judgement
in the disputes raised by MOD in an already settled & long debated casein
in this Apex court.
2) The
Petitioners being very old & many of them are in their last leg of life due
to the long-time taken for the final judgement in original case WP (C)
419/2016.
3) The
Petitioners are satisfied and in full agreement with the modalities &
Methodology adopted in the Original OROP Notification dated 07/11/2015.
4) The
Petitioners are also satisfied and in full agreement with the modalities &
methodology adopted in OROP revision Notification dated 04/01/2023
5) The
Petitioners are also highly pleased by the principles laid down by the HSC in
Judgement of WP (C) 419/2016.
6) However,
the Petitioners are aggrieved by the Arbitary and discriminatory treatment meted out to them
during the implementation of the above two notifications & HSC laid down
principles in WP (C) 419/2016.
The
modalities & Methodology contained in the above two Notifications do not
have any provision for cut-off dates as Pre & Post 2016 for any benefits.
However, it
is a fact that Para 48 i) &ii) have allowed cut-off dates only for MACP
which is misused as a tool to introduce a cut-off date in X Group Pay which
recommended to be bifurcated based on qualification only by the 7 TH CPC and
approved by the union cabinet in Para 4 a) of the cabinet resolution dated
05/09/2016.
7) The
Direction set by the HSC in 48 i) is Regarding MACP with Example & 48 ii)
is a natural continuation of 48 i) and both should be read together to get a
meaning that MACP cannot have retrospective effect. Para 48 ii) cannot be
segregated from Para 48 i) to get a universal application of Para 48 ii) for
other components which are approved to be based on qualification,
Para ii) has
been misinterpreted by MOD with a universal application as a new benefit to
deny X Group Pay of 6200 to X group Veterans.
8) The MACP
as mentioned in para 48 i) and ii) of Judgement in WP (C ) 419/2016 is based on
Number of years of qualifying service ( viz 8,16,24) in leu of not being
promoted to next cadre, where as X group pay is purely based on qualification.
9)The X
Group Pay of Rs.6200 was duly Recommended by the 7th CPC & approved by
Cabinet resolution 4 a) dated 05/09/2016 based on qualification only & no
mention of it was either made by Petitioners or the respondents in their
petitions during the arguments in WP (C) 419/2016. The HSC Observations &
any part of HSC Judgement also do not mention the X group pay and its
bifurcation between Post & Pre 2016.
10)This
Petition Pray for the intervention of this highest court of justice in this
discrimination meted out to the former soldiers of the country and to restrain
Gross violation of Cabinet Resolution by MOD & Misinterpretation of Para 48
i) ii) of HSC judgement in WP© 419/2016, hence the need for approaching this
Highest court of Justice of the land with a writ P0etition under Article 32 of
the constitution.
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