Ministry of Defence rapped over payment of OROP arrears

New Delhi, February 27

The Supreme Court on Monday took strong exception to a communication issued by the Ministry of Defence for payment of One Rank, One Pension (OROP) arrears in four quarterly instalments to eligible pensioners of the armed forces.

Sanctity of judicial process vital: CJI

We are going to take action against the Secretary for the Jan 20 communication. Either he withdraws it or we are going to issue a contempt notice to MoD. The sanctity of judicial process has to be maintained. Bench led by CJI DY Chandrachud

“You tell the Secretary we are going to take action against him for that January 20 communication. Either he withdraws it or we are going to issue a contempt notice to the Ministry of Defence. The sanctity of the judicial process has to be maintained,” a Bench led by Chief Justice of India DY Chandrachud told Additional Solicitor General N Venkataraman.

The Bench asked the Secretary in the Defence Ministry overseeing the work of the Department of Ex-Servicemen Welfare to file a personal affidavit explaining his position. Venkataraman urged the Bench to post the matter for further hearing in April, saying the Ministry needed more time to carry out the exercise as per the court’s order.

However, the Bench posted the matter for hearing after Holi vacation. On behalf of the petitioners, senior counsel Huzefa Ahmadi alleged that around four lakh pensioners had already died waiting for the OROP benefits and the government had unilaterally extended the payment deadline fixed by the court. The petitioners should be paid 9 per cent interest on the amount due to them, he demanded.

The Supreme Court on January 9 granted time till March 15 to the Centre to clear the OROP dues of all eligible pensioners of the defence forces.

“I will personally look into it…. By March 15, the money will start flowing into the accounts of 25 lakh pensioners of armed forces,” Attorney General R Venkataramani had assured the Bench.

This was the second extension given by the top court to the Central Government to clear the OROP.

In June last year, it had sought three months to compute and make payments in accordance with the March 16, 2022, verdict of the top court which had asked the Centre to pay the arrears in three months.

The verdict had come on the plea filed by the Indian Ex-servicemen Movement (IESM). The top court had said in terms of the communication dated November 7, 2015, the benefit of OROP was to be effected from July 1, 2014, and the communication stated that “in future, the pension would be re-fixed every five years”.

“Such an exercise has remained to be carried out after the expiry of five years possibly because of the pendency of the present proceedings,” the Bench had said, adding that “we accordingly order and direct that in terms of the communication dated November 7, 2015, a re-fixation exercise shall be carried out from July 1, 2019, upon the expiry of five years”.

Next hearing after Holi festival

• Additional Solicitor General urged the Bench to post the matter in April, saying the MoD needed more time to carry out the exercise
• The Bench, however, posted the matter for hearing after Holi vacation