Supreme court directs govt to clear 28000 cr OROP Arrears

Supreme court directs govt to clear 28000 cr OROP Arrears

Subject : Schemes

Concept :

• The Supreme Court on Monday directed the Centre to clear all One Rank One Pension (OROP) arrears totalling Rs 28,000 crore for ex-servicemen by February 28 next year, saying the government is duty-bound to comply with its 2022 judgement on the matter.
• It noted that out of 25 lakh Defence pensioners, four lakh did not qualify for the OROP scheme as they were getting enhanced pensions.
• The bench at the outset refused to accept the sealed cover report submitted by Attorney General R Venkataramani and asked him to read the report as pertained to compliance of the court’s judgement.
• The bench said there cannot be anything secret about the report which cannot be divulged to the ex-service personnel seeking payment of OROP arrears.

One Rank One Pension Scheme (OROP)

• OROP for Defence Forces Personnel implies that uniform pension be paid to Personnel retiring in the same rank with the same length of service, regardless of their retirement date.
• Before OROP, ex-servicemen used to get pensions as per the Pay Commission’s recommendations of the time when they had retired.
• This will bridge the gap between the rates of pension of current and past pensioners at periodic intervals.
• The historical decision to implement OROP was taken by the Government in 2015, with benefits effective from 1st July, 2014.
• The implementation of the scheme was based on recommendation of the Koshiyari committee, a 10-member all-party parliamentary panel formed under the chairmanship of Bhagat Singh Koshiyari.
• Re-fixation of pension– Pension of the past pensioners would be re-fixed on the basis of pension of retirees of calendar year 2013.
• Pension will be re-fixed for all pensioners on the basis of the average of minimum and maximum pension of personnel retired in 2013 in the same rank and with the same length of service.
• Pension for those drawing above the average shall be protected.
• Arrears will be paid in four equal half yearly installments.
• However, all the family pensioners including those in receipt of Special/ Liberalized family pension and Gallantry award winners shall be paid arrears in one installment.
• In future, the pension would be re-fixed every 5 years.
• Nodal Implementation Agency – Department of Ex-Servicemen Welfare, Ministry of Defence.
• Payment – OROP is not paid as a separate element as it is an integrated part of pension.
• Inapplicability – Personnel who opt to get discharged henceforth on their own request under Rule 13(3)I(i)(b), 13(3)II(i)(b), 13(3)III(iv) or Rule 16B of the Army Rule 1954 or equivalent Navy or Air Force Rules will not be entitled to the benefits of OROP.

Sealed Cover Jurisprudence

• It is a practice used by the Supreme Court and sometimes lower courts, of asking for or accepting information from government agencies in sealed envelopes that can only be accessed by judges.
• There is no law specifying the sealed cover jurisprudence but the SC derives its power from –
• Rule 7 of Order XIII of the Supreme Court Rules and
• Section 123 of the Indian Evidence Act of 1872
• Under Rule 7 of Order XIII (“Copying”) of the Supreme Court Rules, 2013, if the Chief Justice or court directs certain information to be kept under sealed cover or considers it of confidential nature, no party would be allowed access to the contents of such information.
• Under Section 123 of the Indian Evidence Act of 1872, the unpublished official documents about state affairs are given protection and a public servant cannot be forced to disclose such information.

For further notes on sealed cover jurisprudence, refer – https://optimizeias.com/sealed-cover-jurisprudence/