OROP | 'Either Enhance Pension Of Regular Captains Or Pay Cost' : Supreme Court Pulls Up Union Over 'One Rank One Pension' Anomalies

Back in 2021, the Armed Forces Tribunal (AFT) Kochi had directed the Union to resolve this anomaly. However, the Union preferred an appeal against this order.

On July 24, the Top Court had warned the Union, saying that it was inclined to impose exemplary costs and also direct that the regular Captains will get a pension enhanced by 20%. However, as a last opportunity, the Court had relisted the matter for today.

Today, the matter was placed before Justices Sanjiv Khanna and R Mahadevan. At the outset, the Court made it clear that it wanted a decision in this matter to be taken. Thereafter, the Court suggested that it would enhance the pension by 10%.

However, Additional Solicitor General Aishwarya Bhati pleaded fervently for one last opportunity. When she submitted that the Union cannot take a piecemeal decision, the Court asked “When did this issue come up? How many years now?.” "I have nothing to say apart from apology", she responded.

However, Justice Khanna said “How many years will it go on like this? They are retired captains...they have no say...they have no access to you people. Either you start paying 10% more or pay cost..you take your option.”

Thereafter, ASG Bhatti pleaded for three months' time. Following this, the Court went on to record the enhancement of pension in its order. However, ASG Bhati promptly requested the Court to refrain from passing such an order.

Ultimately, the Court acceded and granted time till 14 November 2024 for the decisions to be taken on the anomalies/ issues which arise in the case of regular captain.

“In case decision is not taken…appropriate orders with regard to enhancement of pension for regular captain will be passed.,” the Court marked in its order.

On March 16, 2022, the Supreme Court, while upholding the OROP scheme, had directed the Centre to pay the arrears within a period of three months. The deadline was later extended by another three months in September 2022. In January 2023, the deadline was extended to March 15, 2023.

Later, the Defence Ministry issued a circular, unilaterally extending the deadline in the teeth of the Court order. The Supreme Court took great exception to the Defence Ministry's action and warned that the Defence Secretary would be hauled up for contempt. In March 2023, a final extension was given by the Supreme Court to clear the OROP arrears in instalments by February 2024.

Case Details: UNION OF INDIA & ORS. v. RC 128 L CAPTAIN M GOPALAN NAIR (RETD) & ORS., CIVIL APPEAL Diary No. 37429/2022