The Supreme Court on Monday pulled up the Defense Ministry over the delay in payment of One Rank-One Pension (OROP) dues to eligible pensioners of the armed forces and sought an explanation from the secretary concerned for issuing a communication seeking extension of the deadline. court-ordered payment.
The top court had on January 9 given the Center time till March 15 to clear the total OROP dues. But on January 20, the ministry issued a message that the dues would be paid in installments over four years, which has been challenged by a group of ex-servicemen.
Observing that the sanctity of the judicial process has to be maintained, a bench headed by Chief Justice DY Chandrachud asked the ministry to “set its house in order” and directed the secretary to file a personal affidavit explaining its position. Gave.
“We have given you time till March 15 to pay the dues. Now in the light of our order dated January 9, how can you issue notice that you will pay the amount in four equal instalments? Why don’t we take action against you ?” Secretary? Despite our order, how can you pass an order extending time by an administrative circular…”
“You tell your secretary that we are going to take action against him for releasing that communication. The sanctity of the judicial process has to be maintained. Either the secretary withdraws it, or we file a contempt of court order against the Defense Ministry.” Going to issue notice.” And it will be very serious,” the bench also comprising Justices PS Narasimha and JB Pardiwala.
The top court said that the ministry has no right to take law into its hands and issue unilateral communication to extend the time for payment.
“We have fixed March 15 and you have no right to say that the money will be paid in instalments. Here you are not fighting a war. Here you are fighting against the rule of law. Put your house in order. It isn’t.” way for the Ministry of Defense to go about it,” the bench observed.
At the outset, Additional Solicitor General N Venkataraman told the court that the ministry should be given time to carry out the exercise as ordered by the court.
The ASG said, “We have already started compliance of the order. It may come up for hearing in the second or third week of April, when we will be able to file a better compliance.”
Venkataraman submitted that out of 22 lakh pensioners, the government has already given an amount of Rs 2,500 crore to eight lakh pensioners.
“By March 31, we are planning to make one-time payment to family pensioners. We are not trying to stop it. We just want to pay,” he said.
The apex court was hearing a plea by the Indian Ex-Servicemen Movement (IESM) seeking payment of dues in one instalment, instead of four.
Senior advocate Huzefa Ahmadi, appearing for the army personnel, asked how the government could unilaterally modify the time limit set by the court.
He said, “When this court has passed an order, how can the department reserve the right to modify it? Meanwhile, four lakh pensioners have passed away and cannot claim pension. They will never get the benefit of it.” will get.”
The bench then directed the secretary to file a personal affidavit on the issue.
“We direct the concerned Secretary in the Ministry of Defense to file a personal affidavit in which the ex-parte decision to extend the time for payment was taken despite the express direction of this Court,” the apex court said in its order.
The bench also warned the ASG that interest at the rate of nine per cent would be levied if the dues were not paid by March 15. The apex court adjourned the hearing of the case after the Holi vacation.
The top court had earlier asked the Center to ensure that all dues are paid expeditiously to pensioners of the armed forces and there is no further delay.
The government had moved the top court in December 2022, seeking an extension of time till March 15, 2023, for payment of OROP scheme dues to all eligible pensioners of the armed forces.
This is the second extension given by the top court to pay the dues to the central government after first moving the top court in June last year and giving it three months to calculate and make the payment as per the March 16, 2022 judgment Was. Supreme Court.
The apex court’s 2022 verdict comes on a petition filed by the Indian Ex-Servicemen Movement (IESM) through advocate Balaji Srinivasan against the Centre’s formula.
It said with reference to the communication dated November 7, 2015, the benefit of OROP was to be effective from July 1, 2014 and the communication stated that “in future, the pension will be re-fixed every five years”.
“Such exercise can be done even after the expiry of five years, as the present proceedings are pending,” the bench had said. 2015, a reappraisal exercise will be carried out from July 1, 2019, at the end of five years.
“The arrears payable to all eligible pensioners of the Armed Forces shall be calculated and paid within a period of three months,” it had said.
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