Supreme Court To Hear Plea For "One Rank One Pension" In Defence Forces On March 24

The Supreme Court on Friday adjourned to March 24th the plea seeking implementation of the "One Rank One Pension" in Defence Forces.

A division Bench of DY Chandrachud & Justice Subhash Reddy was hearing a plea filed by Indian Ex Servicemen Movement averring that despite assurance on floor of Parliament, what is being implemented is "different pensions for same rank depending on when the person retired"

During the hearing today, Justice DY Chandrachud observed that the Bench of Justices Chandrachud and Subhash Reddy was scheduled to sit only for one day, and therefore the OROP case could not be taken up. The Bench observed that the matter will be taken up on 14th March and the Court will hear arguments from both sides and dispose of the matter.

The petitioners through their plea have averred that the Koshiyari Committee on 19th December 2011 had recommended that one rank one pension implies that uniform pension is to be paid to the Armed Forces Personnel who retire on the same rank with the same length of service, irrespective of their date of retirement and any future enhancement in the rates of pension will be automatically passed on to the past pensioners.

The plea contended that the Union of India on November 7, 2011 under the guise of implementing OROP, altered the definition of OROP as being uniform payment of pension to retired servicemen retiring in the same rank with the same length of service, regardless of their date of retirement which implies bridging the gap between the rates and pension of current and past pensioners at "periodic intervals". However this according to the petitioners, goes to the very heart and soul of the OROP & alters it, as the OROP involves enhancement in the rates of pension being passed on to passed pensioners and OPOP is not merely about pension but about "justice, equity, izzat and status".

The plea stipulates that the new definition actually means "one rank different pensions" and would cause great injustice to 24 lakh ex-servicemen, 6.5 lakh war widows & veteran widows.

"It is necessary to revise the pensions benefits automatically instead of a periodic revision of 5 years because when next pay commission recommendations will be be applied past pensioners will still be kept 1.5 years behind because of this periodic revision.. it is submitted that therefore the UOI has by implementation of the new definition of OROP completely destroyed the spirit of OROP which was uniform pension to be paid to Armed Forces..." the plea read.

Supreme Court had in May 2019, asked the Central Government to seriously consider the concerns raised by retired army personnels about One Rank One Pension.

"We are of the considered view that it would be appropriate if the Union government scrutinises the grievances which are placed before the Court in the above note…We would expect the government to seriously consider the grievances and to determine whether and, if so, to what extent, justice can be provided for the satisfaction of all concerned." the Bench had observed.