Indian Ex Servicemen Movement vs Union of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(SC) 226

D. Y. CHANDRACHUD, SURYA KANT, VIKRAM NATH
Indian Ex Servicemen Movement – Appellant
Versus
Union of India – Respondent

Advocates appeared:
For the Petitioner(s):Huzefa Ahmadi, Balaji Srinivasan, Arunava Mukherjee, Garima Jain, Rohan Sharma, Pallavi Sengupta, Lakshmi Rao, Aakriti Priya, Md. Shahrukh, Prateek Yadav, Suhail Ahmed, Advocates
For the Respondent(s):N. Venkatraman, Priyanka Das, Akshay Amritanshu, Apoorv Kurup, Rajat Nair, Ankur Talwar, Shyam Gopal, Chinmayee Chandra, A.K. Sharma, Mukesh Kumar Maroria, Raj Bahadur Yadav, V. Chandrasaekara Bharathi, S. Ram Narayan, Advocates

JUDGMENT

Dr Dhananjaya Y Chandrachud, J

This judgment has been divided into the following sections to facilitate analysis:

A	Factual Background	3
B	Submissions of Counsel	11
C	Analysis	24
C. 1	Concept and genesis of OROP	26
C. 2	Plea of Discrimination	38
C.2.1	ACP-MACP	44
C.2.2	Financial Implications	46
C.2.3	Average to Maximum	48
C.2.4	Periodic revision every five years	49

A. Factual Background

1 The petition under Article 32 of the Constitution addresses a challenge to the manner in which the “One Rank One Pension”¹[“OROP”] policy for ex-servicemen of defence forces has been implemented by the first respondent²[Also referred as the “Union Government”] through a letter dated 7 November 2015 issued to the Chiefs of three defence forces. The letter defines OROP as the payment of uniform pension to armed services personnel retiring in the same rank with the same length of service, irrespective of the date of retirement. OROP, in terms of the letter, aims to bridge the gap between the rate of pension of current an

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2022 Supreme(SC) 226

D. Y. CHANDRACHUD, SURYA KANT, VIKRAM NATHIndian Ex Servicemen Movement – AppellantVersusUnion of India – Respondent

Cases Referred (11)

D. Y. CHANDRACHUD, SURYA KANT, VIKRAM NATH
Indian Ex Servicemen Movement – Appellant
Versus
Union of India – Respondent