The implication of the
HSC findings in the OROP case is that pensioners of the same rank may not form
a homogeneous class, which has created a new definition of OROP in addition to
the one formulated by the Executive.
There appear to be four different definitions of OROP
that the executive can use to suit their own sweet will.
The definition made by the Koshiyari committee
The definition made by Petitioners
The definition made by executive order.
The definition made by HSC
It is obvious that the definition as ordered by HSC supersedes
the other definitions.
The executive is now not bound to refer to any of its
earlier circulars on refixation.
Still, many people who declare themselves as the
masters of the subject misguide others by referring to earlier circulars.
Please bear in mind that the term "OROP" is
not found in any of the Pay Pension regulations of the three forces. It is not
related to the defence pension regulation because it is a benefit bestowed
outside of it. The courts can not intervene in this exicutive order unless any provisions of the same is challenged as discriminatory/arbitory.
The most important implication of the assertion of the court that "pensioners of the same rank may not form a homogenious class" is that the court has confirmed that there is no infirmity in the principle of average of maximum and minimum to be adopted for refixation of OROP.
The main lacuna of the petition filed by the
petitioners of WP(C) 419/2016 was that they did not challenge the original OROP
Notification, instead they relied purely on the Koshyari Committee report and
other political statements in and outside Parliament, which have no locus
standi.
The petitioners even failed to mention the OROP
anomaly commission, termed the OMJC. Another blunter by not taking up the same
in Review Petition instead of pointing out Judges’ Pension Scheme. It was a
scenario like a son asking his father if he got more and if he got less. They also failed to convince the court that the exicutive themselves have acknoledged the existance of anomalies in the notification,thus constituted a one one man judicial commission(OMJC) headed by a retired Judge. The Notification itself contains many contradictions regarding its objective.
Now it is better to reconcile with what we are going
to get instead of reading its horoscope &lamenting over a lost soul.
