You can’t take law in your own hands: SC to defence ministry

Ex-servicemen take part in a protest calling for a ‘One Rank One Pension’ ruling, in New Delhi on August 14, 2015. Pic/AFP

The Supreme Court on Monday said the Ministry of Defence cannot take law in its own hands by issuing communication on payment of One Rank-One Pension (OROP) arrears in four instalments.

A bench of Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala said the ministry's January 20 communication was completely contrary to its verdict and it cannot unilaterally say it will pay OROP arrears in four instalments. It directed the ministry to withdraw its communication immediately.

Attorney General R Venkataramani said the Centre has paid one instalment of OROP arrears to ex-servicemen but need some more time for further payments.

"First withdraw (your) January 20 notification on payment of OROP arrears, then we will consider your application for time," the bench told Venkataramani.

The bench said the defence ministry's January 20 communication was completely contrary to its verdict and it cannot unilaterally say it will pay OROP arrears in four instalments. It asked the attorney general to prepare a note giving details of the quantum of payment to be paid, the modalities to be adopted and what's the priority segment for the payment of arrears.

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"We want that there has to be some kind of categorisation and older people should be paid the arrears first. Over four lakh pensioners have died since the litigation started," the bench said.

The SC is hearing an application filed by Indian Ex-Servicemen Movement, seeking setting aside of the ministry's January 20 communication.

On January 9, the SC granted time until March 15 to the Centre for payment of total arrears of OROP.

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Day in January the communication came

Same-sex marriage: SC sends plea to constitution bench

The Supreme Court on Monday referred the pleas seeking legal validation of same-sex marriages to a five-judge constitution bench for adjudication, saying the issue is of "seminal importance".

A bench headed by Chief Justice D Y Chandrachud said the submissions on the issue involve an interplay between constitutional rights on the one hand and special legislative enactments, including the Special Marriage Act, on the other. It posted the matter for arguments on April 18 and said the proceedings will be live-streamed.

The Centre has opposed in the SC a batch of petitions seeking legal validation of same-sex marriages, claiming they will cause a "complete havoc" with the delicate balance of personal laws and accepted societal values.

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