Thread by @barandbench

The Supreme Court will pronounce today its judgment on a plea filed by Indian Ex-Servicemen Movement seeking implementation of the "One Rank One Pension" (OROP) in Defense Forces.

The Bench will pronounce the judgment at 10:30 am

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In its affidavit, Centre had in certain terms stated that both 'same rank' and 'same length of service' in defense services are necessary conditions for claiming One Rank One Pension benefits.

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Just in: The Bench headed by Justice Chandrachud will assemble for judgment after hearing before the special bench matter listed in Chief Justice's Court at 10:30 AM is over.

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The Bench assembles.

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Judgment: We must remember that (judicial) adjudication isn't a right recourse in policy matters.

This is not to say that this Court will be shy in setting aside the policy when found in violation of the Fundamental Rights

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Court: It is not a legal mandate that the person who held the same rank must have the same pension.

Applying the above principle, we do not find any constitutional infirmity on the OROP principle and the notification dated November 7, 2015.

The government has taken a policy decision. Such a decision lies within the ambit of policy making powers of the Government.

The OROP definition as argued by the petitioner, is not found to be arbitrary by this Court.

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We accordingly direct that a refixation exercise must be conducted by the Govt. for a period of 5 years with regard to pension payable to Army Personnel as stated in the OROP policy in accordance with the November 7, 2015 notification.

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Refixation exercise to be carried out from July 1, 2019 and arrears to be paid to Army personnel within 3 months.

We dispose of the petition.

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[BREAKING] No Constitutional infirmity in 'One Rank One Pension' policy introduced by Central Govt: Supreme Court

report by @tiwari_ji_

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