A Format in nutshell for a Petition to be filed by X Group Air Veterans in courts ( for reference )

BACKGROUND:

1. The Petitioner is a retired Air veteran from the Indian Air Force and has served the nation with honor and distinction. The petitioner challenges the recent implementation of the One Rank One Pension (OROP-2) scheme, specifically regarding the determination and calculation of pension for all pre-2016 retirees, focusing on the recognition of the X Group Pay benefits as mandated by the 7th Central Pay Commission (CPC).

2. FACTUAL MATRIX: a. The 6th CPC established a uniform X Group Pay of Rs. 1400 for Technical trades. Under the 7th CPC recommendations, this pay was appropriately bifurcated into Rs. 6200 (for trades possessing AICTE equivalent diplomas) and Rs. 3600 (for non-AICTE equivalents).
   b. The X Group Pay of Rs. 6200 is critical in calculating a retiree's Basic Pension and Dearness Allowance (DA), ensuring correct financial recognition for those qualifying under AICTE standards, irrespective of their retirement date. c. Revised Pension Payment Orders (EPPOs) affirming the revised eligibility for the X Group Pay have been issued for all pre-2016 retirees who are qualified, reflecting the updated financial entitlements under the 7th CPC and marking a significant advancement in the pension system to reflect the true service rendered.

3. LEGAL FRAMEWORK: a. The Cabinet-approved methodology for pension calculation outlined by the 7th CPC uniformly includes all reckonable elements in determining basic pension for pre-2016 retirees. This encompasses Military Service Pay (MSP), X Group Pay, and other applicable allowances. b. The notional calculation of pension revisions, articulated in various Ministry of Defence (MOD) communications, emphasizes the mandatory inclusion of all reckonable elements to secure equitable treatment for every armed forces personnel.

4. JUDICIAL PRECEDENTS: a. It has been firmly established by various judgments of the Supreme Court that the recommendations of Pay Commissions, which consist of experts in the field, should not be interfered with by the courts. Such recommendations represent a considered assessment of the needs and requirements of the defense personnel, and any alteration from the prescribed methodology would undermine the established legal framework. b. The principles of equality and non-discrimination, as enshrined in Articles 14 and 16 of the Constitution of India, must guide the application of OROP, thereby mandating that analogous classes of pensioners must receive equal treatment.

5. GRIEVANCE: a. The petitioner seeks to highlight that any endeavor to bifurcate or exclude the reckonable elements—specifically the X Group Pay of Rs. 6200 and MSP—from the pension calculations under OROP-2 is not only arbitrary but deeply discriminatory. b. The legally mandated notional fixation of pensions, with all reckonable components, must remain universally applicable to future pension revisions to fulfill the promise of OROP and maintain equitable financial treatment for veterans.

6. SPECIFIC LEGAL INSTRUCTIONS: a. The MOD Letters No. 17(01)/2017/(02)/D (Pension/Policy) dated 05/09/2017, and subsequent communications, provide clear directives regarding the eligibility of all pre-2016 Armed Forces pensioners for the revised pension calculations. b. Paragraph 3 of the MOD letter affirms the examination of the recommended formulation by 7th CPC, underlining an obligation for all governing bodies to adhere to this formulation in calculating pensions for individuals who served the nation.

7. PRAYER FOR RELIEF: a. The petitioner respectfully urges this Hon’ble Court to issue a writ of mandamus, directing the respondents to ensure that the pension calculations for all eligible pre-2016 retirees incorporate the legally recognized X Group Pay of Rs. 6200 in conjunction with other reckonable elements as per the provisions of the 7th CPC. b. Further, the petitioner seeks a declaration that any exclusion of these reckonable elements from OROP-2 calculations violates the established legal framework, thus contravening constitutional principles of fairness and equity.

8. FOR THESE REASONS, the petitioner humbly prays that this Hon’ble Court may be pleased to:
   (a) Admit the writ petition,
   (b) Issue the writ of mandamus as sought above,
   (c) Pass such other orders as this Hon’ble Court may deem fit and proper in the interest of justice.

   Dated this __________ day of __________ 2024.
   Place: New Delhi

   (PETITIONER)
   [Name, Address, and Contact details]
   (Advocate for the Petitioner)
   [Name, Address, and Contact details]

9. Please Note That:- This is a nutshell of a petition to be filed in courtsC which has to expanded further by using circulars/Policy letters wherever applicable & the same as Annexures..

10. Annexure-1

    AICTE Approval Letter F.No. AICTE/UG/G-41 dated: 10/03/2003 regarding Approval Air force training Institutes & Names of Training courses conducted by them as Equavalant to AICTE Standards.

    Annexure-2
    Para 4(a) & 4 (b) of 7th CPC Cabinet Resolution dated: 05-09-2016 Authorising X Group Pay Rs.6200 / Rs 3600 to Group X trades on the basis of Equvalancy of AICTE/NON-AICTE Qualification Respectively

    Annexure-3
    Eligible Trades for X Pay 6200 Vide Air HQ Letter No. Air HQ/99141/1/AFPCC dated: 08 May 2017

    Annexure-4
    Ministry of Defence (MOD) Letter No. 17(01)2017(02)D(Pension Policy) dated: 05/09/2017 ( Refer Para 3 & 4 )
    Revision of Pension of Pre-2016 Defence Forces Pensioners/Family Pensioners

    Annexure-5
    PCDA Circular No. 585 dated: 21/09/2017
    Revision of Pension of Pre-2016 Defence Forces Pensioners/Family Pensioners

    Annexure-6
    MOD Letter No. 17(01)2017(02)D(Pension Policy) dated: 17/10/2018
    Revision of Pension of Pre-2016 Pensioners/Family Pensioners in 7th CPC by Concordance Tables

    Annexure-7
    PCDA Circular No. 608 dated: 26/10/2018
    Revision of Pension of Pre-2016 Pensioners/Family Pensioners in 7th CPC by Concordance Tables

    Annexure-8
    Dte of PA Air HQ (V B) Letter No. Air HQ/40802/7/PA-1, ACAS (Accounts & AV) dated: 12/11/2018 Issue of Diploma Certificates to Airmen Proceeding on Discharge

    Annexure-9
    Air HQ Letter No. Air HQ/99144/6/AFPCC dated: 20/06/2023
    Requesting Review of MOD, DESW Decision on X Pay 6200

    Annexure-10
    

    AIR HQ Diploma Equivalency - Confirmation by Air HQ of Diploma Issued under Authority of Government of India, Ministry of Education and Social Welfare (Department of Education) OM Number F-18-5275-T-2/T-2 dated: 22/07/1977 being equivalent to Diploma issued under AICTE Letter No. AICTE/UG/G-41 dated: 10/03/2003