'Ex-Army personnel should get money’: SC to Centre on OROP

The SC bench asked the ministry to immediately withdraw its January 20 communication, which said OROP arrears will be paid in four instalments

The Supreme Court on Monday asked the Ministry of Defence to give a roadmap for the payment of arrears under the One Rank One Pension (OROP) scheme by next week, saying the government cannot take law in its own hands by issuing communication on payment of arrears in four instalments.

A bench of Chief Justice D Y Chandrachud and Justices P S Narasimha told Attorney General R Venkataramani to submit a comprehensive note by Monday next week showing steps taken so far and also the shortest possible time to pay the arrears.

“Our concern is that our ex-Army personnel should get the money…. It is also sad that four lakh people have died….come with a good note on Monday.... what exactly is the quantum which has to be paid. Two, what are the modalities for payment, and three, what are the prioritisation. The oldest people, you can take widows first of Army personnel, you can have some categorisation”.

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Senior advocate Huzefa Ahmedi, representing the petitioner, contended before the court that four lakh pensioners have died since the filing of the OROP petition.

The bench asked the ministry to immediately withdraw its January 20 communication, which said OROP arrears will be paid in four instalments.

“First withdraw this (January 20 notification)….then we will consider your application for extension of time,” the bench told the AG.

During the hearing, the bench asked the AG when the government was planning to pay.

Venkataramani contended that one instalment of OROP arrears to ex-servicemen has been paid but needs some more time for further payments.

The AG said by March 31, another Rs 2,000 crore will be paid.

The top court made it clear that the defence ministry’s January 20 communication was completely contrary to its verdict and it cannot unilaterally say it will pay OROP arrears in four instalments.

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At the outset, the bench said, “We saw that communication of January 20, the ministry cannot law in its own hand….issued letter.... after we had fixed time”.

On February 27, the court had slammed the Ministry of Defence over its January 20 communication in connection with the payment of arrears of OROP in instalments to eligible pensioners of the armed forces.

The apex court was hearing an application filed by Indian Ex-Servicemen Movement (IESM) through advocate Balaji Srinivasan, in which they have sought setting aside of the defence ministry’s January 20 communication.