Defence Ministry Can’t Issue A Communication On Payment Of OROP Arrears In Installments SC

The Supreme Court today stated that the Ministry of Defence cannot take the law into its own hands by issuing communication on payment of One Rank-One Pension (OROP) arrears in four installments.

A bench comprising Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala asked the ministry to immediately withdraw its January 20 communication, which said OROP arrears will be paid in 4 installments.

Attorney General R Venkataramani said that the Centre has paid one installment of OROP arrears to ex-servicemen and needed some more time for further payments.
The bench told Venkataramani that “First, withdraw (your) January 20 notification on payment of OROP arrears, then we will consider your application for time.”

The bench states the defense ministry’s January 20 communication was completely contrary to its verdict and it cannot unilaterally say it will pay OROP arrears in 4 installments. It asked the attorney general to prepare a note giving details of the quantum of payment to be paid, the modalities to be adopted and what’s the priority segment for the payment of arrears.

The bench said that “We want that there has to be some kind of categorization and older people should be paid the arrears first. Over four lakh pensioners have died since the litigation started.”

The top court heard an application filed by the Indian Ex-Servicemen Movement (IESM), through advocate Balaji Srinivasan where they have sought to set aside the defense ministry’s January 20 communication.

The top court pulled up the defense ministry on February 27, over the delay in payment of OROP arrears to eligible pensioners of the armed forces and sought an explanation from the secretary concerned for issuing the communication extending the timeline for payments fixed by the court.

On January 9, the top court granted time till March 15 to the Centre for payment of total arrears of OROP. But on January 20, the ministry issued a communication that the arrears shall be paid in 4 yearly installments.