Monday 24 August 2020
WHAT HAPPENED TO OROP CASE 419/2016 IN SUPREME COURT ON 24/08/2020
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
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) |
| Category | 3900-Matters Pertaining To Armed Forces & Paramilitary Forces |
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
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
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