The favourable Verdict of ATF, in Majors' Pension case was expected & I had pointed this out when the case was filed by Lt Cdr Avtar singh. The success is mainly due to the fact that the case was not filed, siting various other cases where the SC, to the interpretation of some Veterans, had pointed towards the acceptense of the priciple of OROP. This case was mainly fought on the merits of interpretaion of a Govt Order, which was a blatant & deliberate misinterpretation. The following quote from Maj Navdeep Singh is valid.
"To be fair to the Department of Pensions and Pensioners’ Welfare, they tried their best to reason out with the Department of Expenditure that their (DOE's) interpretation of pension fixation for pre-2006 retirees was not right and that it needed to be corrected and the clarification revised. But despite the fact that the Ministers (MoS) of both the Finance and the Personnel Ministries were in favour of the correction in the right spirit of the 6th CPC recommendations, it was ensured by the lower level babus at the Ministry of Finance that it did not happen. The case was taken up time and again by the DoP&PW but was always rejected by the DoE".
However, this victoty is not a pointer towards OROP at all. But contrary to the usual practice, the Govt may not prefer an appeal against the Verdict in the SC, because the case so far was pursued by very low level bureaucrats of the concerned Ministry.
Col (Retd) TN Raman
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