SC questions government over implementation of OROP in Armed Forces

Satya Prakash
New Delhi, February 16

The Supreme Court on Wednesday posed several probing questions to the Centre over the One Rank, One Pension (OROP) policy and Modified Assured Career Progression (MACP) scheme in the armed forces 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,” a Bench led by Justice DY Chandrachud said while hearing a petition by Indian Ex-servicemen Movement (IESM).

“How have you implemented OROP…What happens after that…give us some examples of how people have benefitted,” it asked Additional Solicitor General N Venkataraman.

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

“We want to know how many people have got the MACP. You are saying persons who have got the MACP are a different specific class. If 80 per cent of sepoys get MACP, then will they get OROP? It seems MACP is a barrier to OROP”, it said while posting the matter for further hearing next week.

IESM has questioned the November 7, 2015, notification on implementation of OROP, alleging that the decision was arbitrary and mala fide, for it created a class within a class and actually granted one rank, different pensions, instead of OROP.

Pointing out that there is no statutory definition of OROP, the Bench said, “It’s a term of art and a policy decision. Their (petitioners) contention is that there is a discrepancy between what was said in Parliament and the policy which ultimately came. The question is whether that amounts to a violation of Article 14.”

On behalf of the Centre, ASG Venkatraman said the petitioners wanted the scheme to be reviewed automatically and not periodically and its review once in five years was not acceptable to them. Referring to a tabular chart, he showed a comparison between sepoys, who retired before 2015 and after 2015.

“Your policy is one rank and one pension which is the heart and soul. What actually has happened is that you gave different pensions due to MACP, which has acted as a barrier to equal pension,” the Bench told Venkataraman.

The ASG said successive governments were unable to deliver on OROP but the NDA government came out with a policy and ultimately tried to deliver. “It’s a policy which is non-arbitrary. We have already spent more than Rs 50,000 crores. Maybe after five years, we re-formulate the formula,” the ASG said.