'Defence Ministry Can't Take Law In Its Hands' : Supreme Court Warns Centre Over OROP Pension Arrears

The Supreme Court on Monday warned the Ministry of Defence against "taking the law in their own hands" in the matter concerning the disbursement of arrears to eligible pensioners of the armed forces under the One Rank One Pension (OROP) scheme. The bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala also directed the Ministry to provide a note concerning the quantum and modalities of the pension. The court had earlier ordered the Centre to disburse the arrears to eligible pensioners of the armed forces by 15th March 2023. 

On February 27, the Court had expressed unhappiness over the Defence Ministry unilaterally extending the deadline in the teeth of the Court directions by issuing a communication dated January 20 as per which pension arrears will be paid in four equal half-yearly installments.

In today's hearing, CJI DY Chandrachud warned the Ministry of Defence to not attempt to take the law into its own hand. The CJI told the Attorney General for India that the Court will consider only the Centre's application to extend the deadline only after the earlier communication is withdrawn.

"Mr AG, the Defence Ministry cannot take the law in its own hand! The notification Defence Secretary issues is directly against our orders. After he withdraws the communication of 20th, then we can hear your application"

He then asked when the pension would be paid.

The Attorney General for India R Venkatramani submitted that the arrears would be rolled out shortly and that the first installment shall be paid before the 31st March. The AG assured that he was personally overseeing the matter. He stated that there were a total number of 25 lakh pensioners whose pensions' tabulation had come to the Ministry for final vetting and out of the same, 7 lakh application had been cleared. He argued that there had been a lot of "operational hurdles".

Senior Advocate Huzefa Ahmadi appearing on behalf of the petitioners, including Indian Ex Servicemen Movement, apprised the Bench that around 4 lakh pensioners had already died while waiting for the pension. He argued–

"They(Ministry) have made four applications seeking extensions, now they seek more extensions and this will affect equalisation in 2024. This is very very unfair. They have enough money for other things but they do not have money for the pensioners. 4 Lakh pensioners have died."

CJI DY Chandrachud asked the Ministry to provide a note providing details concerning amount paid so far, future payments to be made, and prioritisation as per which arrears were to be disbursed. He remarked–

"Our only concern is that the army personnel get the amount. Show us the note on Monday– Give it to us in two parts – What has been paid, what is the modality for future payments, some categorisation, what is the prioritisation. The oldest people and the widows can be taken up first..."

The matter will now be heard on 20th March 2023.

Case Title: Indian Ex Servicemen Movement v. UoI MA 270/2023 in WP(C) No. 573/2022 PIL