Both ‘same rank’ and ‘same length of service’ necessary for availing of OROP benefits, Centre tells SC

Satya Prakash

New Delhi, February 22

Under fire from the Supreme Court for its ‘hyperbole’ on ‘One Rank One Pension’ (OROP) policy for the armed forces, the Centre has told the Supreme Court that both ‘same rank’ and ‘same length of service’ are necessary conditions for availing of OROP benefits.

In an affidavit filed in the top court, the Ministry of Defence said petitioner Indian Ex- Servicemen Movement’s contention on OROP defeated one of the core values of the OROP—which was not only same rank but with the same length of service. Maintaining that “the comparison sought to be made by the petitioners is between comparable and non-comparable and between apples and oranges,” the Centre urged the top court to dismiss the petition.

“This pair (‘same rank’ and ‘same length of service’) cannot be impaired. One cannot take only the same rank and ignore the length of service and similarly one cannot merely take the length of service. It is important to highlight that the expression “same” appears twice as “same rank” and “same length of service”. By any stretch of imagination, it cannot be read as the same rank, different length of service or same length of service different ranks,” it submitted.

Last week, a Bench led by Justice DY Chandrachud had posed several probing questions to Additional Solicitor General N Venkataraman, representing the Centre, over OROP policy and Modified Assured Career Progression (MACP) scheme and sought to know how it has been implemented. “The problem is your hyperbole on the OROP policy presented a much rosier picture than what is actually given to the pensioners,” the Bench had said.

It had wondered if after agreeing in principle to OROP the Centre had gone back on its decision to automatically pass on any future enhancements in pension to existing pensioners.

“It is important to highlight this condition “in the same rank with the same length of service” had remained constant throughout. Therefore, it is not left to the petitioners to contend that one should go by only the same rank and not the same length of service and still grant OROP benefits. Such a plea is unsustainable both on facts and law,” the affidavit read.

Highlighting the financial implications of the petitioners’ demand, the Centre said at the time of implementation of OROP, the annual financial implication was Rs 7123.38 crore and the arrears which need to be computed from July 1, 2014 to December 31, 2015 was Rs 10,392.35 crore. Matching non-MACP persons with MACP would involve Rs 9,411.71 crores and the arrears for the period July 1, 2014 to December 31, 2015 would be Rs 13,731.03 crore, it added.