The Supreme Court on Wednesday ruled that the 'One Rank, One Pension' policy in the armed forces was a policy decision of the Centre and suffered no constitutional infirmity.
A bench of Justices D.Y. Chandrachud, Surya Kant and Vikram Nath said the Centre's policy decision of OROP is not arbitrary and it is not for the court to go into the policy matters of the government.
The top court disposed of a plea filed by Ex-servicemen Association seeking implementation of the OROP as recommended by the Bhagat Singh Koshyari Committee with an automatic annual revision, instead of the current policy of periodic review once in five years.
Pronouncing the operating part of the verdict, Justice Chandrachud said that all pensioners who hold the same rank may not form a homogenous class while taking into account the assured career progression and modified assured career progression.
There is no legal mandate that pensioners who hold the same rank must be given the same pension as they do not constitute a homogenous class, the top court said.
The Congress responded to the Supreme Court decision by alleging the Centre had denied OROP and betrayed ex-servicemen and the armed forces.
Congress spokesperson Randeep Singh Surjewala tweeted, “OROP Denied - it is now ‘One Rank, Five Pensions’! Ex Servicemen & Armed Forces betrayed by our own Govt, which opposed right of persons ‘holding the same rank, with the same length of service to get same pension, irrespective of date of retirement’.”
Surjewala questioned the prime minister and defence minister, asking “why did you deny and oppose OROP in Supreme Court”. It also asked why the Narendra Modi government refused to implement an order of the previous UPA government from April 2014 that granted OROP.
Surjewala shared a news article from December last year that quoted Defence Minister Rajnath Singh as promising several important decisions for ex-servicemen in 2021. Accusing the government of betraying ex-servicemen in the five states where assembly polls were recently held, Surjewala asked “Was the promise of OROP made with much bravado in Uttarakhand-U.P-Punjab a mere facade for vote catching and to be denied in Supreme Court.”
Surjewala urged the government to “implement OROP as per UPA-Congress Govt’s decision of 24th April, 2014. Electoral victories are meant to honour promises, not break faith of our Armed Forces & Ex Servicemen”.
