The Supreme Court on Monday said the government had already disbursed ₹10,794 crore towards the One Rank One Pension (OROP) scheme for retired defence personnel.
“We cannot say the government has not done anything. It is not that they have not acted. They have disbursed substantial amounts,” Justice D.Y. Chandrachud observed orally.
The petition filed by the Indian Ex-Servicemen Movement, represented by senior advocate Huzefa Ahmadi and advocate Balaji Srinivasan and Shadan Farasat, accused the government of reneging on its promise to implement OROP.
The petitioner said OROP, despite assurances by the Minister on the floor of the House and Executive decisions which had become final, had become ‘One Rank Different Pension’.
The bone of contention in the petition is the government’s move on November 7, 2015 that equalisation of pension would happen periodically every five years. That OROP means a uniform pension would be paid to retired servicemen of the same rank with the same length of service, regardless of their date of retirement. The petition said the equalisation of pension should be automatic, that is whenever there is disparity.
But the government has said the equalisation would happen every five years. The petitioners have said that a gap of five years would leave them at a great disadvantage.
They said periodic equalisation would “cause great injustice to 24 lakh ex-servicemen, 6.5 lakh war widows and veteran widows and their families by creating a situation of One Rank Different Pension’.
“But there is an equalisation every five years ... It cannot be done every month,” Justice Chandrachud said.
“Today our armed forces work under trying conditions ...” Mr. Ahmadi submitted.
Seeks time
Solicitor General Tushar Mehta sought time to file a comprehensive affidavit in case the Ministry concerned has to bring any further development to the court’s notice. He sought three weeks’ time.
“Nobody is undermining the contributions of the armed forces,” Mr. Mehta replied to Mr. Ahmadi.
“Then give what is promised to them,” Mr. Ahmadi retorted.
Justice Chandrachud said the case dealt with “ex-servicemen pan India and not just one defence personnel.” The government should be given time to file its affidavit.
“We will however look into the issue of Article 14 [equalisation issue],” Justice Chandrachud assured.
The court fixed the next hearing for September 29.
