Govt moves to clear pending OROP payments after Supreme Court rap

Following the top court’s observations, the defence ministry on Monday instructed the Controller General Defence Accounts (CGDA) to release all OROP arrears in a single instalment, a government spokesperson saidGovt moves to clear pending OROP payments after Supreme Court rap

Govt moves to clear pending OROP payments after Supreme Court rap

ByUtkarsh Anand

Feb 28, 2023 08:30 AM IST

Following the top court’s observations, the defence ministry on Monday instructed the Controller General Defence Accounts (CGDA) to release all OROP arrears in a single instalment, a government spokesperson said

The Supreme Court on Monday reproached the Union government for delaying payments to around 1.6 million army pensioners under the one rank, one pension (OROP) scheme, observing that the armed forces are not expected to go against the rule of law.

The Supreme Court bench took strong exception to a letter issued by an officer in the concerned department of the ministry seeking to extend the timeline issued by the court through its order in January. (ANI)

“Here, you are not fighting an enemy. You are going on a war against the rule of law. You cannot do this... sanctity of the judicial process has to be maintained,” said a bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud, which sought an explanation from the secretary concerned in the defence ministry.

Following the top court’s observations, the defence ministry on Monday instructed the Controller General Defence Accounts (CGDA) to release all OROP arrears in a single instalment, a government spokesperson said. All outstanding arrears will be paid to ex-servicemen by March 15, he added.

The bench, which also comprised justices PS Narasimha and JB Pardiwala, took strong exception to a letter issued by an officer in the concerned department of the ministry seeking to extend the timeline issued by the court through its order in January . On January 9, the bench directed the government to clear the pension arrears of nearly 2.5 million ex-servicemen by March 15.

This was the third extension granted to the Centre, following the March 2022 judgment of the top court affirming the OROP scheme, which entailed equal pension to military personnel retiring in the same rank with the same length of service, regardless of the date of their retirement. The first extension of three months was granted in June 2022 and the second for the same length of time in September.

However, on January 20, a communication was issued by the ministry, stating that it may release the amount in four instalments for gallantry award winners and those availing of family pension.

During the hearing on Monday, senior advocate Huzefa Ahmadi, along with advocate Balaji Srinivasan, complained that the communication seeks to tweak a judicial order by unilaterally deciding to extend the timeline fixed by the court in its January 9 order.

“Since the petition was instituted, nearly four lakh pensioners have died awaiting to receive their due. The payments were supposed to be made in 2019 and we are now in 2023. And look at the gall of the officer issuing this communication. He arrogated to himself the power to modify the judgement of this court. This is extremely telling,” said Ahmadi, appearing for an association of ex-servicemen.

On its part, the Centre, represented by additional solicitor general N Venkataraman, pointed out that eight lakh army pensioners have received the payments, which amounted to ₹2,500 crore. “My instructions are that gallantry award winners and family pensioners will also be settled by March 31. Some problems happened due to the formula to arrive at the benefits,” Venkataraman added.

But the court was irate over the January 20 communication, and asked Venkatraman how such a letter could be issued in the face of the court order issued on January 9. “We have been extending time since March 2022. Tell the secretary that we are going to take action against him for this letter on January 20. Either he withdraws the January 20 communication, or we issue a contempt notice. There cannot be a defence to such a communication,” it said.

The bench then proceeded to record in its order that the January 20 letter seeking to defer the implementation of payments to ex-servicemen in four half yearly instalments is contrary to the order of the top court that set the deadline at March 15.

“We direct the concerned secretary in MoD to file a personal affidavit explaining the circumstances in which this unilateral decision was taken despite the order of this court,” stated the court order, fixing the next hearing in the third week of March.

It also said that any further delay in the disbursement will prompt the court to also consider granting interest to the ex-servicemen for the delayed payments at the rate of 9%.

By its March 2022 judgment, the top court affirmed the Centre’s November 7, 2015, notification on OROP. The scheme had to be implemented with effect from July 2014 and envisaged a revision every five years.

In December, the Union cabinet headed by Prime Minister Narendra Modi approved the revision of pension of ex-servicemen and family pensioners under the OROP scheme, with effect from July 01, 2019, with arrears to be paid for the period July 2019 to June 2022.

In a media briefing, information and broadcasting minister Anurag Thakur announced on December 23 that the move would benefit more than 2.5 million defence pensioners who would be paid arrears amounting to ₹23,638 crore.

The arrears were to be paid in four half-yearly instalments to veterans, except family pensioners and gallantry awardees, who will get their dues in a single instalment, HT reported on December 24.

Military affairs expert Lieutenant General DB Shekatkar (retd) said it’s best for the defence ministry to release the OROP arrears for all defence pensioners in one go, as instructed by the Supreme Court.

“If the ministry was not in a position to pay the arrears, it should have gone back to the court, given the reason why it can’t be done and sought more time. If you remain quiet on the SC’s instructions, it conveys the wrong message to the common man that even the directions of the top court can be ignored,” Shekatkar added.

(With inputs from Rahul Singh)