The Supreme Court on Monday granted time till March 15 to the Centre for payment of arrears of One Rank-One Pension (OROP) to all eligible pensioners of the armed forces.  A bench of Chief Justice DY Chandrachud and Justice PS Narasimha asked the Centre to ensure that all arrears are paid expeditiously to the pensioners of the armed forces and that there is no further delay.  The top court granted liberty to ex-servicemen association to file an application, if they feel aggrieved by any action of the Centre on payment of arrears of the OROP.  Attorney General R Venkataramani, appearing for the Centre, said the tabulation process has been completed by the Comptroller General of Defence Accounts (CGDA) and now the tables have been sent to the Ministry of Defence for final approval.  “By March 15, the money will start flowing into the accounts of 25 lakh pensioners of armed forces”, Venkataramani said.  Last month, the government has moved the top court seeking extension of time till March 15, 2023 for payment of arrears of OROP scheme to all eligible pensioners of the armed forces.   This is the second extension given by the top court to the Union government to pay the arrears after it had first moved the top court in June, last year and sought three months to compute and make payments in accordance with the March 16, 2022 verdict of the top court.  The top court’s 2022 verdict came on the plea filed by the Indian Ex-servicemen Movement (IESM) through advocate Balaji Srinivasan against the Centre’s formula. It had said in terms of the communication dated November 7, 2015, the benefit of OROP was to be effected from July 1, 2014 and the communication states that “in future, the pension would be re-fixed every five years”. — PT

Extension of 3 months and disbursement in 4 instalment granted by HSC.

AG R Venkatramani: i am personally keeping a watch and this will be rolled out shortly. there are 25 lakh pensioners. The tabulation has come to ministry for final vetting and its with Defence ministry finance accounts

Sr Adv Huzefa Ahmadi: 4 lakh pensioners have died waiting for pension and this is the same reason which was cited last time also. Now in Jan they say it will be disbursed in 4 monthly installments.

Ahmadi: now this will be used to even deny the equalisation. at least this has to be paid in one installment CJI: Please see it is done by March 15, 2023

CJI: AG says tabulation for nearly 25 lakh defence pensioners has been completed by controller of defence accounts Allahabad. Now it is pending with defence ministry and the time now stands extended till March 15, 2023

Ahmadi: now they may disburse in 4 installments..

CJI: There is an issue with outflow. something is needed for modernisation etc. let them complete the exercise by March 15, 2023 and if any issue then come back to us. we are here

CJI: Please see there is no delay in payment and installments since payment was due in 2019

ADDITIONAL INFORMATION

Government MA for extension of time for payment of arrears for equalisation of OROP due to veterans since 1.07.2019 was heard in the court of CJI at 1230h onn9 Jan 2023.
Bench consisted of Honorable Judge Dr DY Chandrachud CJI
and Justice PS Narasimha.
Attorney General Mr R Venkataramni appeared from Govt.
IESM was represented by
Sr Lawyer Mr Hujefa Ahmadi
Mr Balji Srinivasan
M/s Garima

AG confirmed in SC that OROP tables have been prepared by CGDA and are being checked for correctness and Govt should be given extension of three months for payment till 15 Mar 2023.

OROP lawyer Mr Hujefa Ahmadi strongly opposed extension for payment. He argued that Govt was supposed to pay by 15 June 22 as ordered by HSC vide the order dated 16 Mar 2022. Govt did not pay and asked for extension of three months till 15 Sept 2022. However HSC gave extension till 16 Dec 2022. A total of nine months extension has already been granted. Any further extension should not be granted and it will injustice to valiant ESM. He strongly put across that veterans’ OROP payment arrears have already been delayed from 2019 by three years and hence further extension should not be given.

He further stressed that in last three years about 4 lakh ESM and veernaris have died waiting for their legal arrears.

AG insisted that Govt has completed all action for payment and payment will be made in March 2023. He confirmed that Govt has already issued executive order on 4 Jan 2023.

Mr Hujefa Ahmadi strongly insisted that this undue delay in payment is not fair with ESM who have served the Nation. He further stated that if Govt is still not ready for payment and needs extension for executing HSC orders then veterans should be paid interest for the delayed period.

The bench patiently heard the arguments and agreed to give extension of time to Govt for payment of arrears by 15 March.

Mr Ahmadi again strongly opposed Government plan of payment of arrears in four half yearly instalments. He argued that third and fourth instalments, with this plan, would go in 2024, and in 2024 next equalisation would fall due thereby causing more problems of payment and calculation. He strongly requested the Honorable court that full arrears be paid to veterans in one instalment.

SC asked AG to look into this issue make payment to veterans in one instalment if possible.

HSC also gave freedom to IESM to file another MA if not satisfied with Govt action.

IESM has noticed that Govt vide the letter dated 4.01.2023 have denied OROP to veterans who have taken PMR from or after 1.07.2014. This contrary to the instructions given in letter dated 07.11.2015, wherein veterans opting for PMR on or after 07.11.2015 were denied OROP benefits. IESM and our lawyers have not taken up this issue today because then the arguments would have been hijacked from main issue of OROP.