Name Of Complainant
Mahananda Biswas
Date of Receipt
20/06/2022
Received By Ministry/Department
Prime Minister’s Office
Grievance Description
Honourable Prime Minister Sir,
I am a Defence Pensioner and thus is a beneficiary and stakeholder by any
revision or refixation of Defence pension. Government of India, Ministry of
Defence issued a notification on 07.09.2015 for implementation of One Rank One
Pension with effect from 01.07.2014 for Defence Pensioners with well-defined
salient features. The OROP notification clearly stipulated that: “The pension
would be re-fixed every 5 years.”
Unfortunately, till now Department of Ex-servicemen Welfare failed to re-fix
the pension on expiry of 5 years I.e., with effect from 01.07.2019 despite the
order of Honourable Raksha Mantri as early as in 14 June, 2019. So, in effect
Department of Ex-servicemen Welfare has violated the Government notification to
the peril of pensioners like me and millions of other Defence Pensioners.
Though there was no suspension or injunction order of any Court of Justice on
the OROP Re-fixation process, the Secretary, Ex-servicemen Welfare stated in a
SCOVA meeting that the Re-fixation process was held up as the matter was sub
judice. He was referring to HSC case WPC (C) 419/2016.
At present, that case is no longer sub judice, as the case is settled, and
jurisdiction passed on 16 March 2022 by Division Bench of HSC. The Jurisdiction
is attached herewith.
Sir, please refer to the points 50 and 51 of the HSC jurisdiction, where the
Division Bench of HSC directed and ordered Government of India that “in terms
of the communication dated 7 November 2015, a re-fixation exercise shall be
carried out from 1 July 2019, upon the expiry of five years. Arrears payable to
all eligible pensioners of the armed forces shall be computed and paid over
accordingly within a period of three months”.
To utter disregard to its own notification and gross violation of HSC order,
Ministry of Defence neither re-fixed the pension nor paid any arrears to me or
any of the eligible pensioners
The failure of the executive to comply with an order of Highest Judiciary of
the country is a grave cause of concern to me and millions of Defence Pensioners
as a whole. It is emanating a wrong signal to the total ex-servicemen
fraternity as well as to the serving soldiers.
I, as a Defence Pensioner is filing this complaint and urge you to direct
Ministry of Defence, Government of India to immediately comply to the GOI
notification and HSC order to re-fix the OROP pension with effect from
01.07.2019 and pay arrears to all eligible pensioners.
I am sure that your pro-active initiative to iron out the grievances of large
section of society would lead us to the path of peace and progress.
Jai Hind.
Yours Faithfully
Mahananda Biswas
Ex-Sergeant of Indian Air Force.
Dear Sir,
I am a beneficiary and a stakeholder of benefits accrued consequent to the judgement in OROP Case WPC (C) 419/2016.Dear Sir,
I am a beneficiary and a stakeholder of benefits
accrued consequent to the judgement in OROP Case WPC (C) 419/2016.
As per the judgement in the above case, you were
ordered and directed to Refix OROP and pay the arrears within three months.
The time limit set forth by the HSC has expired on
June 16, 2022. Hence this RTI Request for sharing following details:
1) Kindly share necessary steps taken by you for
not being treated as wilfully defying the court order & direction in the
above case.
2) Kindly share the steps taken by you to ensure
that you are not passing a wrong message to the entire public that the
Executive themselves have disregarded HSC Order and Direction in the above case.
Yours Faithfully,
M B Chandran Menon
EX- Sergeant (Affected Military Veteran)
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