SC 7th May Order

Let us not pay too much attention to the OROP 
imbroglio. As far as we are concerned it is a mirage.
OROP is a special gift to the armed forces for the sacrifices 
they have made in defending our borders and it has to be 
understood that it is given only to the uniformed personnel 
and not to all civilians.


That being the truth how are we concerned about the delay or non compliance of the earlier commitment by GOI. Let us think about our own cases, the likely unexpected obstacles we may have to face in the light of the unclear SC order of MAY 7 and if any earlier SC judgments could come to our rescue especially with regard to the doubt whether the 20% arrears will be paid to all and whether it will comprise both the DA ANAMOLY AND PENSION UPGRADATION. 

These doubts get momentum especially when JUNE 18 is not far off and there is no semblance of the respondent LIC having initiated any machinery to collect the required data. At the cost of repetition I have to draw our attention to the following two judgments of the SC which could assuage some doubts entertained by the pensioner’s fraternity :-

1. KA ANSARI & OTHERS VS INDIAN AIRLINES ( SC) 28-11-2008 :

….. If they have any doubt or if the order was not clear it was always open to them to approach the court for clarification of the said order. Without challenging the said direction or seeking clarification IA could not circumvent the same ON ANY GROUND WHATSOEVER.DIFFICULTY IN IMPLEMENTATION OF THE ORDER PASSED BY THE COURT HOWEVER GRAVE ITS EFFECT MAY BE IS NO ANSWER FOR ITS NON-IMPLEMENTATION.

Delhi court judgment WP(C) 184/2007

2. There being complete identity of the issues raised we would record that THE LAW DECLARED BY THE JAIPUR BENCH HAS TO BE APPLIED IN REM … LIC WILL GIVE BENEFIT OF THE VIEW TAKEN BY THE RAJASTAN HC TO ALL THE PENSIONERS AND WOULD TREAT THE DECISION IN REM.


R.K.VISWANATHAN