AFT On OROP: Armed Forces Tribunal (Armed Forces Tribunal – AFT) has dismissed the policy of the Central Government with the refusal to benefit the ‘One Rank One Pension’ (OROP) scheme to the military officers taking pre-machure retirement (PMR). The tribunal described it a violation of Article 14 and 16 of the Constitution, which guarantees the right of equality and equal opportunity in public employment.
AFT On OROP: Military Officers filed petition
This main bench of the Armed Forces Tribunal included Justice Rajendra Menon and Rear Admiral (Retd) slow wig. The bench ruled on January 31. In this case, many officials from Talsena, Naval and Air Force had filed petitions, who had challenged to be deprived of OROP based on pre-machure retirement.
Prior to the decision of the Armed Forces Tribunal, the officers taking pre-machure retirement were divided into three categories. These were the officers in Categorie A who had taken retirement before July 1, 2014, which was given the benefit of OROP. In Categorie B, he was the officer who took retirement between 1st July 2014 to 7th November 2015. While categorie C had included officers who had taken retirement after 7th November 2015, which were not given the benefit of OROP.
At the same time, the Armed Forces Tribunal ruled in favor of the officers of the Categorie C, which was deprived of the benefit of OROP from the government’s policy.
AFT On OROP: Everything Before 1973 Got OROP
Before 1973, all military personnel were given the same pension based on the same service term and the same rank, which was called ‘One Rank One Pension’ (OROP). But, the Third Pay Commission (3rd Pay Commission) closed it. Subsequently, an inequality occurred in the pension based on the date of retirement, thereby increasing resentment in former troops.
OROP Update: Big updates on One Rank, One Pension Scheme, Army Headquarters paid additional pension and pension deductions
From 1987 to 2000, the OROP was discussed in the 5th and 6th Pay Commission, but there was no concrete action on it. In 2004, the government spoke of implementing it, but denied in 2008, after which the former troops across the country performed massive protests. In 2009 War Waiters returned their medals.
The Government has to set up a 10-member "Koshyari Committee" on the basis of these protests, which recommended to apply OROP in its report in 2011.
Controversy Starting From Cutoff Date
The government made an Alan to implement OROP in 2014 and spoke of applying it from the financial year of 2014-15. But a controversial cutoff date was laid in the policy issued in November 2015, with the provision of the officers taking pre-machure retirement after July 1, 2014 not to benefit OROP.
The government’s decision was opposed, as the judicial commission, constituted in 2015, had no comments on the officials taking pre-machure retirement, outside the OROP.
Armed Forces Tribunals: Be the Supreme Court Bolla- Srinagar, Jammu, Shimla and Dharamshala, the bench of AFT, not to do for the profession on dates long journey
AFT told the cutoff date unconstitutional
The Armed Forces Tribunal said in his decision that it is non-legal to base a cutoff date to give OROP benefits. "It is unconstitutional to differentiate based on the cutoff date in a similar group," said the bench in judgment. It violates the right of equality under Article 14 and 16. The Tribunal also said that the State Government has to adhere to the equality under the Constitution and should not discriminate by making the base on any date. According to the Armed Forces Tribunal, all pre-machure retirement officers under OROP should get the same benefits and the decision of the government is similar to ‘classification n class’, which is against the spirit of the Constitution.
Government has to take a new decision on OROP
The Armed Forces Tribunal directed the government by dismissing the policy of 2015 that the Pre-Matchure Retirement Officers should also benefit the OROP as other authorities. After this decision of the bench, the government now has the option to issue either new guidelines or then appeal to the Supreme Court.
The wave of joy in former soldiers
After the decision of the Armed Forces Tribunal there is a wave of joy in former troops. "This decision is the victory of our struggle," said a former military officer. Those who are retired after 2015 must have similar behaviors even with them. "Therefore, some experts say that the government should now apply it completely transparently by removing all the discrepancies of OROP.
At the same time, after this historical decision of the Armed Forces Tribunal, it has now become the responsibility of the government to include all pre-machure retirement officers under OROP. However, the government may challenge this decision in the Supreme Court, but it would be difficult to overturn this decision based on the Constitution and judicial examples. After this decision, it has also increased the chances that the government can now review OROP and make a permanent policy to give equal pension to all soldiers in the future.
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