The Centre informed the Supreme Court that it will not accept a 10% pension hike for retired Army captains under the OROP scheme. The decision follows an AFT order for resolution of pension anomalies. The Supreme Court criticized the government’s delay, setting a hearing for December 12 to determine further actions amidst ongoing legal disputes.
New Delhi: The Centre on Thursday informed the Supreme Court that it has decided not to accept the recommendation for a 10% pension hike for retired regular Army captains under the One Rank One Pension (OROP) scheme.
The announcement came during a hearing before a bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and Manmohan, where Additional Solicitor General (ASG) Aishwarya Bhati represented the Centre.
“We have made a decision and we have not accepted the recommendations,” ASG Bhati stated during the proceedings.
The bench was hearing an appeal by the Centre against a December 7, 2021, order by the Armed Forces Tribunal (AFT) in Kochi that required the government to resolve pension anomalies for retired regular captains under the OROP scheme.
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The bench urged the counsel for the retired Army captains, including M Gopalan Nair, to challenge the Centre’s decision, emphasizing the urgency of the matter. The hearing was adjourned to December 12 after the counsel sought time to take instructions.
Earlier, the Supreme Court had criticized the Centre for its prolonged indecision, imposing a fine of ₹2 lakh for failing to address the issue despite years of delay.
The bench warned the government of stricter directives if no resolution was reached, stating:
“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.”
Introduced in 2015, the OROP scheme aimed to bring parity between the pension rates of past and current retirees in the armed forces. However, the pension tables for captains and majors included anomalies due to insufficient data for officers in these ranks.
Key points of contention include:
- Regular captains and majors were excluded from pensionable service data, as the minimum rank for retirement with pension benefits is lieutenant colonel.
- The Ministry of Defence appointed a One Man Judicial Committee (OMJC) in 2016 to resolve the discrepancies. However, no decision was taken based on its recommendations.
In 2021, the Kochi Bench of the AFT directed the Defence Ministry to address the issue within a stipulated timeframe, leading to the current litigation.
With the Centre rejecting the pension hike, the Supreme Court emphasized that “time is of the essence in such matters”, underscoring the significance of resolving disputes that directly affect the lives of retired Army officers.
The upcoming hearing on December 12 will likely determine the next steps in this prolonged legal battle.
The delay in addressing pension anomalies has had a significant impact on retired Army captains, many of whom are awaiting parity under the OROP scheme. As the Supreme Court deliberates, the decision will set a crucial precedent for how anomalies in defence pensions are resolved in the future.
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