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OROP: SC pulls up Centre over delay in resolving pension anomalies
A bench of Justices Sanjiv Khanna and R Mahadevan gave one last opportunity to the Centre till November 14 for resolving the anomalies with regard to the pension of such retired officers under the scheme
New Delhi: The Supreme Court came down heavily on the Centre on Tuesday for failing to take any decision for years on the pension payable to retired regular captains of the Army in accordance with the One Rank One Pension (OROP) scheme and imposed a fine of Rs 2 lakh on it. A bench of Justices Sanjiv Khanna and R Mahadevan gave one last opportunity to the Centre till November 14 for resolving the anomalies with regard to the pension of such retired officers under the scheme.
It said the cost of Rs 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 per cent 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.
The bench said, “For how many years will this go on? Either you pay an enhanced pension by 10 per cent or we are imposing a cost on you. 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.” 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.
“All I can do is tender my apology. Please give us one more chance, we will take a decision in this regard. We will file an affidavit in this regard. Give us three months’ time, we will take a decision,” the additional solicitor general said. The bench initially refused to give any further time to the Centre and accept any affidavit and said it will direct an enhanced pension to these retired officers. Justice Khanna said, “What is this? If the government is not taking a decision, I cannot do anything. This does not give solace to these officers. They are retired captains. They have no say. They have no access to you people. Either you start paying 10 per cent more or pay the cost. The choice is yours.” As soon as the bench started dictating the order for enhanced pension for the retired captains, Bhatti asked it to kindly impose a cost because that will serve equity better than enhanced pension.
