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SC criticises Centre for delaying decision on One Rank One Pension, sets November 14 deadline
The Supreme Court on Tuesday pulled up the central government for delay in fixing the pensions for armed forces veterans under the One Rank One Pension (OROP) scheme, set November 14 as the deadline for deciding on clearing anomalies in fixing pensions for retired captains, and imposed a fine of ₹2 lakh for the nearly three-year-long delay.
The Supreme Court on Tuesday pulled up the central government for delay in fixing the pensions for armed forces veterans under the One Rank One Pension (OROP) scheme, set November 14 as the deadline for deciding on clearing anomalies in fixing pensions for retired captains, and imposed a fine of ₹2 lakh for the nearly three-year-long delay.
“For how many years will it go on like this. Either you (Centre) start paying 10% more (enhanced pension) or pay cost,” the bench, headed by justice Sanjiv Khanna, said.
It said the cost of ₹2 lakh shall be deposited in the welfare funds of the Army and warned the government that if the decision is not taken by November 14, it will direct for enhanced pension by 10% to the retired regular captains.
It listed the matter for further hearing on November 25.
Appearing in the court on behalf of the Centre, Additional Solicitor General Aishwarya Bhatti said six anomalies have been pointed out by the Kochi bench of the Armed Forces Tribunal (AFT), which need to be rectified, but the government is yet to take a stand in the matter.
“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,” the court said.
Bhatti said the government cannot take a piecemeal decision, it has to look at the issue holistically and consider all the six anomalies as the decision may affect others.
The bench, also comprising justice R Mahadevan said, “They are retired captains. They have no say. Where will they go. They have no access to you.”
In the past too, the court had directed the Centre to come out with a decision on pension anomalies as the decision of AFT was passed on December 7, 2021. In its last order passed on July 23, the court said, “This court has repeatedly adjourned to enable the appellant to take a decision. In these circumstances, we are inclined to impose exemplary costs and also direct that the regular Captains will get pension enhanced by 20% from the date the OROP Scheme is applicable.”
The Centre had constituted an expert body to fix the anomalies in pension of regular captains arising out of OROP and two reports were submitted in this regard in 2016 and December 2021.
