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  • Monday, 24 August 2020

    OROP CASE PROCEEDINGS REPORTS FROM SUPREME COURT

    Today 24 Aug 2020 OROP case was heard and argued through video conference in court no 3 of Justice Dr Chandrachud and Justice Joseph. Our case was listed at s no 24 and our turn came at 1240.
    Govt was represented by SGI Mr Tushar Mehta and his team
    Our side was represented by
    Mr Hujefa Ahmadi Sr lawyer
    Mr Balaji Srinivasan AOR
    Mr Arunava Mukherjee lawyer
    Mr Rohan Sharma lawyer
    M/s Garima lawyer
    MAJ Gen Satbir Singh and Gp Capt VK Gandhi attended virtual hearing through video conferencing.
    To start with SGI Mr Tushar Mehta requested for physical hearing of the case and requested for three weeks time to study and make further submissions if felt necessary.
    Our lawyers contested tooth and nail the submission of SGI Mr Tushar Mehta and argued.
    1. All required submissions have been made to the Honourable court. And no further submissions are needed.  This in fact is delaying tactic on part of Govt.
    2. Our lawyer submitted that our last note given to HSC on 6 Aug was final and Govt had submitted an affidavit in response to our submission. It has taken more than one year since HSC asked GOI to find solutions to anomalies pointed out by pensioners.
    3. This delay is depriving of 25 lakh soldiers and five lakhs widows of full and legitimate OROP.
    4. Mr Hujefa insisted that we are ready for final arguments and submitted that Govt had promised One Rank One Pension but has given one rank many pensions. This is hurting soldiers and veterans.
    On hearing arguments of both counsel Justice Chandrachud stated that Govt has given RS 10000 crores on account of OROP. He agreed to give time to Govt as requested by SGI.
    Our lawyers again requested for arguments but Honourable court decided to grant time to Govt.
    Mr Balaji Srinivasan requested the court that let that be final hearing on that court made a note and fixed 29 Sept as next date for hearing.
    IESM sincerely thanks our team of lawyers under the leadership of Mr Hujefa and Mr Balaji Srinivasan who are standing for veterans for OROP pro bono.
    Next date for hearing in HSC for OROP is 29 Sep 2020.
    Gp Capt VK Gandhi VSM
    Vice Chairman IESM.
    24 Aug 2020
    Diary No.- 19818 - 2016
    INDIAN EX SERVICEMEN MOVEMENT (AN ALL INDIA FEDERATION OF MILITARY VETERANS ORGANISATION REPRESENTED vs. UNION OF INDIA DEPARTMENT OF EXSERVICEMEN WELFARE MINISTRY OF DEFENCE SECRETARY

    Diary No.
    19818/2016 Filed on 09-06-2016 04:14 PM
    PENDING
       [SECTION: X]
    Case No.
    W.P.(C) No. 000419 / 2016  Registered on 15-06-2016
    Present/Last Listed On 24-08-2020 [HON'BLE DR. JUSTICE D.Y. CHANDRACHUD and HON'BLE MR. JUSTICE K.M. JOSEPH] [CL.NO. : 0]
    Status/Stage Pending - (Motion Hearing
    [TOP OF THE LIST (FOR ADMISSION)]) List On (Date) (29-09-2020)-Ord dt:24-08-2020
    Tentatively case may be listed on (likely to be listed on) 29-09-2020 (Computer generated)
    Category3900-Matters Pertaining To Armed Forces & Paramilitary Forces

    PROCEEDURE FOR RE-IMBURSEMENT OF EMERGENCY ADMISSION EXPENDITURE IN NON-EMPANNELED HOSPITALS

    Sunday, 23 August 2020

    NEW POLITICAL OUTFIT TO TAKE UP THE CAUSE OF EX-SERVICEMEN WITH DESW

    The Recently formed political Party conjointly by retired soldiers and Kisan namely Bharatheeya jawan kisan Party (BJKP)is committed to exservicemen fraternity. One of the most worrying problem among so many is the proceedure  and expenditure for changing the date of birth and correcting/changing the  name  of dependents of retired  Armed forces soldiers. Hence BJKP humbly submit the following for your kind intervention to alleviate the hardship of retired soldiers who always given predominant consideration to our great Nation than their personal benefits or comforts 
             Sir,  PCDAs have started issuing ePPOs for pre 2016 pensioners. It has been noticed that particulars endorsed in most of the  ePPOs especially the name and date of births of spouse are found to be wrong  with the education /birth certificates,  adhar , pan card, passport,  voter id card and like civil documents.Since the introduction of Adhar card every institutions are demanding to submit adhar card as a proof for Date of birth. Instances have occured that the widows are denied family pension as the particulars endorsed in PPO is not matching with adhar card and other documents. The proceedure for correcting the names are not similar  in every arm of the Armed Forces and it is different in the cases of  various Record offices of Army . This may be caused due to not  apprising the concerned Record Offices   either by ESM organisations  or by the ESMs individually.
             Poor ESMs getting  only minimum pension(9000/- basic pension )  spend more than one month of their pension (upto 15000/-) to rectify the   errors caused inadvertently either by ESMs or in the  Record Office.
           most commonly, the  Records offices  demand Gazette Publication and news paper advertisement, marriage certificate, affidavit by judicial first class majistrate (compulsory for some Record Offices ) or by Notary alongwith other documents.Gathering the above documents are  a himalayan task. At least 3 months Streneous efforts, frequent visits to various Govt offices and a heavy expenditure   required for the poor ESMs to rectify these minute errors     while Retired officers drawing pension near to lakh could be rectified  the same errors on submiting a self application with an expense of only 5 Rupees for the envolope to submit their application.         Correction in names are not to be considered as change of name since lion part  of these  are  spelling mistakes, initial placed before or after names,Name of spouse recorded by  adding the name of  husband or  Etc and mismatch of date of birth recorded in Military  Documents  with original birth /education certificates.
           Zila Sainik Welfare Offices (ZSWOs)are meant and functioning in every Districts and the expenses of these  offices are borne by the people of the country for the welfare of soldiers.   Genuiness of the application for change of birth and correction of name can be verified and vetted by ZSWOs  themselves  and recommend to correct the  perticulars for  endorsing in the  pension payment order and military documents  thereby the finacial and physical hardship of these poor ESMs and expenditure of the Govt. could be curatiled  to almost NIL.. Our poor soldiers are suffering this hardship since independence .
            Hence we humbly request the following
    1.  The same proceedure for Retired officers to be made applicable to the retired soldiers also
                Or
    2.  Implement uniform proceedure for all and   Simplify the proceedure.
    3.   The application for rectifying the above could be allowed to send either through EMAIL or online application like applying for the various schemes in Kendriya Sainik Board. 
    3.  The above problem is the only one among many. Hence we humbly request the time convenient to meet you in person  for our President, Secretary and one of our cordinator  to apprise the problems of our poor ESMs.
    Thanking you in anticipation of an early action
    With warm regards
    President