Sanjha Morcha

Court No.1 Item No.17 INDIAN EX SERVICEMEN MOVEMENT (AN ALL INDIA FEDERATION OF MILITARY VETERANS ORGANISATION REPRESENTED BY ITS GENERAL SECRETARY) BALAJI SRINIVASAN Versus UNION OF INDIA DEPARTMENT OF EXSERVICEMEN WELFARE MINISTRY OF DEFENCE SECRETARY

Court No.1 Item No.17
INDIAN EX SERVICEMEN MOVEMENT (AN ALL INDIA FEDERATION OF MILITARY VETERANS ORGANISATION REPRESENTED BY ITS GENERAL SECRETARY) BALAJI SRINIVASAN
Versus
UNION OF INDIA DEPARTMENT OF EXSERVICEMEN WELFARE MINISTRY OF DEFENCE SECRETARY

Draft Order

By the judgment of this Court dated 16.03.2022, the pension which were required to be paid in pursuance of the One Rank One Pension (OROP) were directed to be paid within a period of three months to all pensioners. The relevant para of the above judgment is extracted below. Thereafter, on the application filed by the Union Ministry of Defence a further extension of time of three months was granted by an order dated 16.09.2022. By an order dated 09.01.2023, a further extension of three months has been granted. In the meantime, a communication has been issued by the Department of Ex-Servicemen Welfare Organisation in the Union Ministry of Defence on 23.01.2023. The paragraph 6 of the communication states as follows:
Page 100 Annexure 7

The paragraph 76 which has been extracted above, which seeks to defer implementation in four half-yearly instalment is contrary to the order of this Court by which time has been extended until 15.03.2023.

We direct the concerned Secretary in the Union Ministry of Defence entrusted with the duty of overseeing the Department of Ex-servicemen Welfare Organisation to file a personal affidavit explaining circumstances in which such a unilateral decision to extend time for payment was made in spite of clear directions of this Court. We are issuing these directions in order to furnish an opportunity to the Union Government to comply with the binding directions of this Court’s order dated 09.01.2023.
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