SC gives three more months to Centre to clear ‘One Rank One Pension’ arrears
New Delhi, September 18
The Supreme Court has asked the Central Government to disburse the arrears of One Rank One Pension (OROP) Scheme to eligible pensioners of the Armed Forces in three months.
A Bench led by Justice DY Chandrachud – which had earlier granted three months to the Government to clear the arrears – extended it by three months after being told that a Cabinet note in this regard has already been put up for consideration.
“Time period of 3 months fixed in the judgment of this Court passed on 16.03.2022 is extended until 3 months from today,” the Bench – which also included Justice Hima Kohli—said on Friday. It expressed the hope that the Government would clear all dues at the earliest.
The Supreme Court had on March 16, 2022 upheld the Centre’s OROP Policy for Defence Forces, saying there was no constitutional infirmity in it.
“The Central government has taken a policy decision. Such a decision lies within the ambit of policy making powers of the government. We do not find any constitutional infirmity on the OROP principle and the notification dated November 7, 2015,” the top court had said, adding there was limited scope of judicial review of policy decisions taken by the Executive in such matters.
Acting on a petition filed by Indian Ex-servicemen Movement, it had directed that the re-fixation exercise in terms of the OROP policy should be carried out from July 1, 2019 and arrears should be paid to the beneficiaries within three months.
On behalf of petitioners, senior counsel Huzefa Ahmadi pointed out that the payment of arrears had to be made in three months but the Centre has not complied with the order till date. The Government must be directed to pay interest on the arrears for the delayed period.
