An OROP reprise: Comments by Brig C S Vidyasagar

 

An OROP reprise: Comments by Brig C S Vidyasagar 

Dear Veterans, 

The author of the article titled *An OROP reprise: The need for accountability:* We have to analyse how far what he writes is correct.

*Demand for OROP*. 

Firstly the demand of One Rank One Pension (*OROP*) came from Ex-Servicemen only from 1976 when the 3rd Pay Central Pay Commission fixed the pay and  pensions of Ex-Servicemen. There was much difference in pension of those retired in the month of Jan 1976 enjoying higher pension of 3rd CPC and those retired in Dec 1975 and not covered by 3rd CPC pension scale who got lesser pension. They saw for the same rank, same length of service different pensions on the date of retirement got different pensions when everyone needed the same roti, kapada and makan. Why should then pensioners of the same rank and same length of service in various ranks can not be given the same pension? That means a Veteran with 30 years of service retired in Dec 1975 and another Veteran retired in Jan 1976 should get the same pension is the demand of the Ex-Servicemen.

 I can quote my own example. I was drawing less pension as a Brigadier with 32 years of pensionable service compared to an officer of my Regt who joined me as 2Lt  when I was Colonel with 22 years of service in 1992 and then that 2Lt retired as Colonel in 2006. He got much higher pension for lesser rank and lesser length of service than I. 

Even the pension of Single ladies of all ranks was same. Different pension though husbands retired in the same rank and same length of service just because one retired earlier and another retired later. Many agitations were launched for OROP.

 IAS babus were dead against OROP and sarcastically used to challenge our Ex-Servicemen “OROP.

 You will get over our dead bodies”. Many committees of Ministers and Secretaries were formed to examine the demand of OROP. 

The ministers and secretaries said OROP demand is not feasible to be implemented as similar demand will come from Central Govt Civilian employees who also get different pensions based on different dates of retirement.

*Political Compulsions*. 

BJP which was in opposition all these years except for one 5 year term in 1999-2004 (with Mr Atal Behari Vajpayee as Hon’ble PM) sensed with corruption scandals of Congress party in the period 2004 to 2014 the best way to come to power is to grant OROP. Mr Narendra Modi who was elected as PM candidate of BJP promised OROP in the Ex-Servicemen rally held in  Sirsa, Haryana on 13 Sep 2013. Ex-Servicemen voted nemeses for BJP in 2014 general elections and that is how BJP could form the Government in May 2014.

*Is OROP Flawed?*.

 I am not a supporter of any political party nor supporter of Government in power. Let us be fair to all. 

Firstly OROP is not implemented even in advanced countries like USA, UK, Australia etc. OROP with all the anomalies has improved pensions of many. 

I am told that Def Accts Dept  consulted Service HQs while formulating  policy on OROP which finally came on 07 Nov 2015.

 We cannot blame IDAS officers only for anomalies in OROP.

 TSEWA identified 40 plus anomalies in OROP-I. 

These were presented to Justice L Narasimha Reddy, Chairman of One Man Judicial Committee when he came to Hyderabad in Aug 2016.

 Even the Hon’ble Supreme Court during their lengthy deliberations in the case filed by IESM from 2016 to Mar 2023 did not find any fault with policy on OROP. 

I wish they called Justice L Narasimha Reddy and heard him on the anomalies in OROP. 

IESM also did not bring the anomalies in OROP to the notice of Hon’ble Supreme Court. The main argument of IESM was to make revision of OROP every year. 

The method of pension fixation has  been found to be fair and correct as per the Hon’ble Supreme Court.

*Biggest Anomaly*. 

I found the ladies who are granted Special Family Pension and Liberalised Family Pension were given the benefit of full length of service even if the husband died with lesser length of service. 

Suppose a Capt with just 5 years’ service was martyred in war or war like situation as is prevailing in J & K and North East was treated to have put in 30 years of full length of service.

 Logic adopted by Govt of India is the Capt would have survived had he not gone to war and retired with full length of service. But the clever IDAS officers made it a rule that the length of service of officers martyred will be their actual length of service and not full length of service. I know many ladies are getting less pension as their husbands died with lesser length of service whereas prior to OROP – I they used to get higher pension due to full length of service.

*Why Some JCOs and Officers Get No Benefit in OROP – II?*   

The demand of Ex-Servicemen was to equate pension of retired much earlier to be jacked upto the higher pension of those retired later with the same rank and same length of service. The same method was adopted in OROP – II.

 If some JCOs and Officers retired in calendar year 2018 draw lesser pension than previous retirees unfortunately such earlier retirees i.e. Pre – 2019 retirees do not get benefit of arrears of OROP-II. Some of the family pensioners also unfortunately do not get arrears in OROP-II.

*Reason for Delay in OROP -II.* 

We got to understand Min of Fin is very smart in that they advise all ministries to see payouts are minimum. 

Therefore when IESM filed a case in Hon’ble Supreme court in 2016, the Min of Def sensed a sigh of relief not to implement OROP – II on the specious ground that the case has become sub -judice. That is when a case is filed in the court of law nothing should be done. This is a simple tactics the Govt of India adopts at a drop of a hat. Justice Dr DY Chandrachud, Chief Justice of India, in the India Today conclave openly said the biggest litigant is Govt of India.  

The Hon’ble Supreme Court came down heavily on Min of Def who fought cases of Disabled soldiers. But our Min of Def have thick skin. Their only argument is 

” We are protecting the finances of Govt of India.”. 

*Is Rs 28,000 crores of OROP- II  very Expensive?*. 

I totally agree with the author on this score. The Govt of India spends as per the Hon’ble Finance Minister Rs 2.85 lakh crores  every year to supply free rations to people living below poverty line. Govt of India spends Rs 26,000 crores per annum on Non Functional Financial Upgradation of Group A officers. Compared to this Rs 28,000 crores is not difficult for Govt of India to pay to Ex-Servicemen.

*Priority of Disbursement*. Priority for giving arrears in one go to single ladies is correct. Priority should have been given to elderly pensioners which the Hon’ble Supreme Court now directed Min of Def to pay by 30 Jun 2023.

*Capital Expenditure Vs Revenue Expenditure.*. 

The pension bill has gone up to Rs 1.32 lakh crores due to NFFU being given to all Group A officers of Defence Civilians. Their pension should not be clubbed with pensions of Armed Forces pensioners. Then only a true picture comes up.

Overall, I do compliment Brig Sinha for putting up OROP in correct perspective.

 Govt of India should be more sensitive to the genuine demands of Ex-Servicemen. Unless the Def Accts Dept  have mix of serving soldiers and Ex-Servicemen, we will always be at a great disadvantage. There are pensioners who are not getting their pension for months due to some silly reason. 

SPARSH has increased the problem of the migrated pensioners.

IESM who fought the case of OROP since 2016 deserves our compliments and gratitude. But for IESM we would not have got OROP- II.

Warm regards, 

Brig CS Vidyasagar (Retd)

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