Friday, September 11, 2015

Expected Hearing Of A Case With A Possible Bearing On OROP

In their order dated 16 Feb 2015, in the case Civil Appeal No(s). 2966/2011, the Hon'ble Supreme Court of India had "...granted three months' time finally to work out the modalities for implementation of the one rank-one pension..." to the Government of India. The next hearing for the case is likely to be on 28 Sep 2015. How the case relates to OROP in general, is for legal experts to outline for the enlightenment of others. But in view of the recent "announcement", the court order could have some effect on, or relationship with, the rolling out of OROP.


*Does the outcome of the case apply only to the respondents or would it imply implementation of OROP for all?

*Does the announcement of OROP on 05 Sep 2015 meet the requirement of the Hon'ble Supreme Court for the appellants to "work out the modalities for implementation" or would it require the issue, by due date (which has already expired) of the notification and issue of Government orders for implementing OROP?

*What if the Hon'ble Supreme Court finds that non-issue of the implementation order constitutes "contempt"? Would a contempt order then be issued?

*Whether the order leads to implementation of OROP or counsel for appellants submits that OROP has been implemented as directed by the Hon'ble Supreme Court, would it have any bearing on the various claims to credit for having implemented OROP or for having obtained its implementation, considering that it would be seen to have resulted on account of a judgment of the Hon'ble Supreme Court?

Though the ongoing dialog on OROP and its implementation would be central to the collective interest and focus of all stake holders, there is just a chance the hearing and judgment could prove to be relevant as well.

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