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D. Y. CHANDRACHUD, SURYA KANT, VIKRAM NATH
Indian Ex Servicemen Movement – Appellant
Versus
Union of India – Respondent
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
(1) Pension – Implementation of “One Rank One Pension” Policy for ex-servicemen of defence forces – It is not a legal mandate that pensioners who held same rank must be given same amount of pension –....
Pension entitlement is governed by existing rules, and any revisions depend on state policy, not individual claims based on service length.
Hon'ble Supreme Court held beyond shadow of any doubt that financial implication is a relevant criterion for State Government to determine as to what benefits can be granted pursuant to recommendatio....
Pension is a legal entitlement governed by rules, not at the discretion of the authorities, ensuring that pre-2008 retirees are also entitled to revised pension benefits.
The court upheld the government's policy decision to set a cut-off date for extending monetary benefits to retirees, affirming that such classifications are permissible under constitutional provision....
Sympathies cannot override the Rules and Regulations.
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