Karnataka High Court Dismisses Plea Seeking Removal Of Alleged Anomalies In Centre's 'OROP Policy'

A division bench of Chief Justice Ritu Raj Awasthi and Justice S R Krishna Kumar dismissed the petition filed by Wing Commander G B Athri (Retired).

The plea had sought for directions to the respondent to take immediate steps to re-fix the one rank one pension for ex-service men (OROP) w.e.f. 01.07.2019 and consequently disburse the same with arrears with immediate effect.

Assistant Solicitor General Shanthi Bhushan H appearing for the respondent filed a memo dated 24.03.2022 enclosing the copy of the judgment passed by the Apex Court in the case of Indian Ex Servicemen Movement &Ors. versus Union of India & Ors. [2022 LiveLaw (SC) 289] and submitted that the subject matter of the present petition is directly and squarely covered by the aforesaid judgment and consequently, nothing further survives in the present petition.

In the said case, the Supreme Court upheld the manner in which the Central Government introduced the "One Rank One Pension"/ ("OROP") scheme in defence forces as per its notification dated November 7, 2015. It also said that there is no legal mandate that pensioners who hold the same rank must be given the same pension.

The counsel for the petitioner did not dispute the submission made by Assistant Solicitor General.

Following which the court said, "In view of the aforesaid facts and circumstances and in the light of the judgment of the Apex Court referred to supra, nothing further survives for consideration in the present petition and the same is accordingly dismissed."

Case Title: Wing Commander G B Athri (Retired) v Union Of India

Case No: Writ Petition No.4237 Of 2021

Citation: 2022 Livelaw (Kar) 109

Date Of Order: 5th Day Of April, 2022

Appearance: Advocate Ganesha R A/W Advocate S V Prakash For Petitioner; Asg Shanthi Bhushan H, For R-1 To 3.

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