Centre faces SC wrath over OROP dues

Satya Prakash
Tribune News Service
New Delhi, July 30

Taking exception to the Centre’s failure to clear the pension dues of retired regular Captains of the Army in terms of the ‘One Rank, One Pension’ (OROP) scheme, the Supreme Court on Tuesday gave it one last opportunity to resolve the issue by November 14.
“For how many years will this go on? Either you pay an enhanced pension by 10% or we are imposing a cost on you. We wanted a decision to be taken, but you have not taken it. This matter came up in 2021 but still no decision has been taken,” a Bench led by Justice Sanjiv Khanna told the Centre and imposed Rs 2 lakh costs on it to be deposited in the Army Welfare Fund in four weeks.

The Bench – which also included Justice R Mahadevan – warned that if the issue was not resolved by November 14, it would enhance the pension of retired regular Captains by 10%. It listed the matter for further hearing on November 25. On behalf of the Centre, Additional Solicitor-General (ASG) Aishwarya Bhatti said six anomalies had been pointed out by the Kochi Bench of the Armed Forces Tribunal (AFT), which needed to be rectified. Maintaining that the government could not take a decision in a piecemeal manner, she said it had to look at the issue holistically and consider all anomalies as the decision might affect others.
“All I can do is tender my apology. Please give us one more chance, we will take a decision in this regard. We will file an affidavit. Give us three months’ time to take a decision,” she said.

“What is this? If the government is not taking a decision, I cannot do anything. This does not give solace to these officers. They are retired Captains. They have no say. They have no access to you people. Either you start paying 10% more or pay the cost,” the Bench told the ASG. According to a December 2021 order of the AFT Kochi Bench, the government was required to take a decision on the pension payable to the retired regular Captains as there were anomalies that needed to be resolved for proper implementation of OROP.
However, the Centre challenged the AFT order. On July 23, the apex court had threatened to direct that the regular Captains would get pension enhanced by 20% from the date the OROP scheme was applicable, but it finally chose to give a last opportunity to the Centre.
The OROP was introduced in 2015 when the pension of current as well as past retirees was fixed. But there were certain anomalies in the pension tables for Captains and Majors.