Daily Order of the Supreme Court dated 01 May 2019 on OROP

ITEM NO.1 

COURT NO.9 SECTION X 

 S U P R E M E C O U R T O F I N D I A 

RECORD OF PROCEEDINGS 

Writ Petition(s)(Civil) No(s). 419/2016 

INDIAN EX SERVICEMEN MOVEMENT & ORS.Petitioner(s) VERSUS UNION OF INDIA & ORS.Respondent(s) 
(WITH IA 33253/2017 FOR AMENDMENT OF WRIT PETITION)Date : 01-05-2019 

This petition was called on for hearing today. 
CORAM : HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE HEMANT GUPTA 

For Petitioner(s)Mr. Huzefa Ahmadi, Sr. Adv.Mr. Balaji Srinivasan, AOR Mr. Arunava Mukherjee, Adv.Mr. Rohan Sharma, Adv.Mr. Siddhant Kohli, Adv.Ms. Pallavi Sengupta, Adv.Ms. Garima Jain, Adv.Mr. Abhishek Bharti, Adv.Ms. Pratiksha Mishra, Adv.Ms. Srishti Govil, Adv.Ms. Vaishnavi Subranmanyam, Adv.Mr. Rohitash Kr. Sharma, Adv. 

For Respondent(s)Mr. Rana Mukherjee, Sr. Adv.Ms. Priyanka Das, Adv.Mr. Charanya L. Kumaran, Adv.Mr. A.K. Sharma, Adv.Ms. Sheena Taqui, Adv.Ms. Kanika Sharma, Adv.Mr. Mukesh Kumar Maroria, AORUPON hearing the counsel the Court made the following

 O R D E R

 During the course of the hearing, the principal submission of the petitioners is that the recommendation of the Koshyari Committee for thegrant of One Rank One Pension (OROP) was endorsed by the Budgetary Speech of the Finance Minister on 17 February 2014 and by the Minister of Defence on 26 February 2014, following which the Controller General of Defence Accounts was directed to work out modalities. This was further re-affirmed on 10 July 2014 by the Finance Minister and on 2 December 2014 by the Minister of State for Defence. However, the Union government, on 7 November 2015, while implementing OROP adopted a modified definition of the expression under which the gap between the rates of pension of current and past pensioners would be bridged at“periodic intervals”. 

 The petitioners have highlighted specifically three aspects of the anomalies which have arisen. They are summarised in a written note of submissions tendered before the Court, which is extracted below: 

“(i)Fixation of Pension on calendar year of 2013 instead of FY of2014: Fixation of pension as per calendar year 2013 would result in past retirees (pre 2014) getting less pension of one increment than the soldier retiring after 2014.

(ii)Fixation of pension as mean of Min and Max pension: Fixing pension as mean of Min and Max pension of 2013 would result different pensions for the same ranks and same length of service and the past retiree would get 1.5 increment lesser on account of such fixation.For example, if 8(i) and (ii) are implemented, two soldiers who have served for same length of years, holding the same rank will draw different pension. A Sepoy (Group Y) who retired prior to 31 Dec2013 will get Rs.6665 p.m. and another Sepoy (Group Y) who retired on and after 1 Jan 2014 would get Rs 7605 p.m. Further, on account of such implementation, a higher rank Naik soldier who retired before 31 Dec 2013 would draw a lesser pension of rs.7170p.m., than a junior rank Sepoy who retired after 1 Jan 2014 as his pension would be Rs.7605. This fact is illustrated by a tabular chart which is enclosed. (See Pg.1, CC). 

Therefore, implementation of this new definition of OROP defeats the very principle of OROP by creating a class within a class of the same officers, which in practice tantamounts to one rank different pensions. This is also contrary to the judgment by this Hon’ble Court in Union of India v SPS Vains, (2008) 9 SCC 125.

Another fallacy in the new definition of OROP which detracts from the principle of OROP is: (iii) Pension Equalization every five years: It is submitted that Pension equalization every five years would result in the grave disadvantage to the past retirees.”

Certain concrete examples have been indicated in charts which are annexed to the note submitted before this Court by Mr Huzefa Ahmadi, learned senior counsel appearing on behalf of the petitioners. 

At this stage, we are of the considered view that it would be appropriate if the Union government scrutinizes the grievances which are placed before the Court in the above note. It would be appropriate and in the interest of justice if these concerns, which have been expressed on behalf of personnel, who have served the nation as members of the Armed Forces of the Union before retirement, are duly considered by the Union government at an appropriate level. 

We would expect the government to seriously consider the grievances and to determine whether and, if so, to what extent, justice canbe provided for the satisfaction of all concerned. 

List the Writ Petition on 6 August 2019. 

(SANJAY KUMAR-I)            (SAROJ KUMARI GAUR) 

AR-CUM-PS                         COURT MASTER

This is a copy paste from the website of the Supreme Court.

E & O E

An update: Raucous debate in Twitter over #NFU2Fauj

This post is meant to have us thinking of how NFU should be implemented because the bureaucrats will keep using the DoP&T policy letters to delay implementation of the Court's judgment. This post in NOT meant to deprive anyone of NFU, as has been alleged in an email.

Further, comments of a personal nature are not appreciated as this blog is to provide information and have intelligent minds thinking of solutions.

Thank youi 

I spent a better part of eleven months witnessing and some times commenting on the demand, vociferous and raucous at times, strident and verging on malevolence at other times on why the Armed Forces should not be denied NFU. 

Yes, why should the Armed Forces be denied NFU if every other GoI organisation is being made eligible?

OK, as the matter is sub-judice awaiting an order from the honourable Supreme Court, I will not venture into that area but, supposing the Court does award the NFU to Armed Forces, how will it be implemented?

Over the past few years, after discussions with officers from Army and Air Force Pay Cells, I have framed a few aspects for the consideration of all logical rational, sane thinking readers of this blog. Here are my observations.

  

1. The scheme, effective 1.1.2006 is that all Organised Group A Services who have not been considered for promotion when an All India Services (IAS, IFS, IFoS, IPS) batch has been empanelled for promotion will be awarded the NFU i.e. one increment and next higher grade pay.

For example given in the GoI letter – if 1987 batch of AIS are empanelled for promotion, all Or Gp A Org Services people will get one increment and the next higher Grade Pay. This was in the Sixth CPC regime.

2. In the Seventh CPC regime as Grade Pay has been abolished, is the NFU essentially one increment in the same (existing) level? Or does one cross over to the next higher Level i.e. it is a promotion and not a NFU?

Implications for Armed Forces: 

3. Army, Navy and Air Force have same time frames for promotion from Lt & equivalent to Lt Col & equivalent i.e. Commissioning + 2 years  Lt to Capt; Commissioning +6 years Capt to Major and Commissioning + 13 years Major to Lt Col and finally Commissioning + 26 years Lt Col to Col (TS).        

4. However, Army has further micro-time framed it i.e. different time frames, say for Col (Sel) – Commissioning + 16 years for Arms (Armd Corps, Infantry, Arty etc); Commissioning + 17 years for Support Arms (AD Arty etc) and Commissioning +18 years for Support Services (AOC, ASC, etc). For more details see the judgment in the Command-Exit policy case judgment.

5. Then there are different time frames in the Navy – Executive and other Branches and in Air Force – Flying, Technical and Ground Duties.

So how will Armed Forces set the Benchmark

6. So the common bench mark like 1987 batch AIS vis-à-vis 1985 batch Org Gp A Services may have to be discarded. Then, will each Service have different promotion time frames based on Cadre (Arms/Support Arms/Service in Army; Executive/Non-Executive/Technical in Navy; and Flying/Technical/Ground Duties in Air Force)? 

7. If that happens, then what happens to OROP because next increment is awarded to some one 2 years later but his batch mate(s) awarded Col (Select) Rank & equivalent is/are already enjoying 2 increments @ one increment per year?

Will Promotion policies & Retirement ages have to be modified?

8. Will they have to be changed by

8.1.Empanelment will have to be year–wise and not course 

wise or Cadre wise.

8.2. Then there cannot be supercession because NFU cannot be awarded to one who has been considered as “not having met the grade for promotion”. So based on Minimum Performance Level (MPR) all will be empanelled?

8.3. Then, will Services have to promote based on merit i.e maintain 3 lists – all empanelled, all placed in order of merit and all considered not fit for promotion. 

                                                                                        

8.4. Presently in the Air Force's Ground Duties branches, Gp Capt (TS) superannuate at 57 years of age (Supreme Court judgment in UoI Vs Gp Capt Atul Shukla & Others). All other Gp Capts & equivalents in Army and Navy superannuate at 54 years of service. Will this retirement age have to be modified for Army and Navy's equivalent ranks in TS?

Food for thought?