OROP challenge: Taking a powerful exception to Defence Ministry’s stand on One Rank-One Pension (OROP), the Supreme Court on Monday mentioned the ministry cannot take law in its own fingers by issuing a communication “unilaterally” that OROP arrears to pensioners of the armed forces shall be paid in 4 installments and sought a payment plan by March 20.
The apex courtroom additional mentioned noting that over 4 lakh pensioners have died because the OROP litigation began in 2016, asking the defence ministry to instantly withdraw its communication and informed Attorney General R Venkataramani to arrange a observe giving particulars of the quantum of payment to be paid, the modalities to be adopted and what is the precedence phase.Â
The January 20, 2023 communication had mentioned the OROP arrears shall be paid in 4 equal installments to ex-servicemen.
Govt’s path opposite” to SC verdictÂ
The courtroom noticed that the defence ministry’s January 20 communication was “directly contrary” to its verdict on March 16, 2022 that had directed payment of full arrears inside three months and it cannot unilaterally say it is going to pay OROP arrears in 4 installments.
During the Monday listening to, the lawyer normal submitted that the Centre has paid to some pensioners and shall be paying remainder of them one installment of OROP arrears by March 31, however wanted some extra time for additional disbursement.
“First withdraw (your) January 20 notification on payment of OROP arrears, then we will consider your application for time,” a bench of Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala sternly informed Venkataramani.
“Mr. Attorney General, the ministry cannot take law in its own fingers by issuing such communication on payment of OROP arrears in 4 installments. This January 20, communication is immediately opposite to our verdict.”
The bench informed Venkataramani that the priority of the courtroom is that ex-servicemen get their quantity on the earliest and there shouldn’t be any delay in payment of the arrears particularly those that are above 60-70 years.
“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.”
It posted the matter for additional listening to on March 20 and requested the Centre to file a observe by that date giving particular particulars as requested.
Venkataramani mentioned he’s personally in contact with the ministry over the payment of the arrears however the authorities has to look into the complete fiscal place and that there are a number of operational hurdles wanting on the large variety of 25 lakh ex-servicemen.
“After the tabulation chart was prepared and final vetting by the ministry over seven lakh pensioners have been paid the arrears”, he mentioned.
Senior advocate Huzefa Ahmadi, showing for the ex-servicemen affiliation, mentioned 4 lakh pensioners have already died in the course of the pendency of the unique OROP petition filed in 2016 and the federal government has been looking for extension of time to pay the arrears again and again.
“This court has upheld that equalization will be held every five years as per the formula of OROP. Now, the ministry wants arrears of 2019 equalization to be made in four installments, which will take it to 2024. Year 2024, will be another year of equalization. I don’t want to say much but they have money for other things but don’t have money for these ex-servicemen, who are solely dependent on their pensions”, he mentioned.
The prime courtroom is listening to an utility filed by Indian Ex-Servicemen Movement (IESM), by way of advocate Balaji Srinivasan, in which it has sought setting apart of the defence ministry’s January 20 communication.
Meanwhile, the Centre has moved an utility looking for modification of the February 27 order, which had requested the Centre to think about recalling of the January 20 communication of the ministry of defence.
“The Controller General of Defence Accounts has on February 20, 2023, knowledgeable that they’ve carried out revision in respect of 11.
21 lakh ex-servicemen pensioners and payment of arrears on account of OROP revision has been paid for 7.99 lakh and for remainder of pensioners from estimated variety of 25 lakh, course of is underway for revision and payment of first installment”.
It mentioned that an quantity of Rs 2,490 crore have been launched in February 2023 and credited to 7.99 lakh pensioners and by March 9, 2023, a payment of extra Rs 2,400 crore to roughly 5 lakh pensioners have been made.
“It is submitted that by the end of March, 2023, first phase of the exercise would be completed and pension to the tune of Rs 7,000 crore for approximately 21 lakh eligible ex-servicemen would be credited after revising the pension of all 25 lakh pensioners.”
The authorities mentioned that the variety of pensioners in whose circumstances arrears to be dispersed is 25 lakh ex-servicemen and the quantity involves roughly Rs 28,000 crore. Such an enormous monetary burden in one stroke will disturb the allocation already made for different public functions which might not be in bigger curiosity of the nation notably on the fag finish of the monetary yr 2022-23, it added.
It mentioned that the highest courtroom in its verdict final yr had upheld the OROP formulation of the Centre and mentioned that the November 7, 2015 communication doesn’t endure any constitutional infirmity.
The Centre mentioned that paragraph 3(IV) of the coverage communication dated November 7, 2015, evidently brings out the truth that arrears shall be paid in 4 equal half yearly installments besides in the case of particular/liberalized household pension and gallantry award winners, who shall be paid arrears in one installment.
It mentioned that the federal government truthfully believed that arrears must be paid in phrases of Paragraph 3(IV) of the coverage communication dated November 7, 2015. The Centre mentioned that the communication dated January 20, was not issued with any intention even remotely to defy or disrespect or dishonor the orders and instructions handed by this courtroom.
It added that there was a normal apply in the federal government to pay any arrears in instalments as a prudent fiscal measure and it’s normally carried out for DA (Dearness Allowance) arrears and was additionally a part of authentic OROP coverage of 2015 upheld by this courtroom.
On February 27, the highest courtroom pulled up the defence ministry over the delay in payment of OROP arrears to eligible pensioners of the armed forces and sought a proof from the secretary involved for issuing the communication extending the timeline for funds fastened by the courtroom.
On January 9, the highest courtroom granted time until March 15 to the Centre for payment of complete arrears of OROP. But on January 20, the ministry issued a communication that the arrears shall be paid in 4 yearly installments.
(With PTI enter)
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