Pointing out that the Ministry of Defence cannot take the law into its own hands by issuing communication on payment of One Rank, One Pension (OROP) arrears in four instalments, the Supreme Court Monday asked the Ministry to immediately withdraw its January 20 communication. The circular issued by the Centre had stated that OROP arrears would be paid in four instalments.

When the central government informed the apex court that it has paid one instalment of OROP arrears to ex-servicemen but that it needs some more time to complete the payment of arrears, a bench of Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala said: “First withdraw your January 20 communication on payment of OROP arrears, then we will consider your application for more time.”

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The bench said the defence ministry’s January 20 communication was completely contrary to its verdict and it cannot unilaterally say it will pay OROP arrears in four instalments. It asked the attorney general to prepare a note giving details of the quantum of payment to be paid, the modalities to be adopted and what’s the priority segment for the payment of arrears.

“We want that there has to be some kind of categorisation and older people should be paid the arrears first. Over four lakh pensioners have died since the litigation started,” the bench said, news agency PTI reported.

The court made the observation while hearing an application filed by the Indian Ex-Servicemen Movement (IESM), through advocate Balaji Srinivasan, in which they have sought to set aside the Defence Ministry’s January 20 communication.

The top court had on February 27 taken exception to the letter issued by the secretary in the ministry, and directed him to file a personal affidavit explaining his position.

“You tell the secretary we are going to take action against him for that January 20 communication. Either withdraw it, or we are going to issue a contempt notice to the Ministry of Defense. Sanctity of the judicial process has to be maintained,” the bench also comprising Justices PS Narasimha and JB Pardiwala said.

In January, the government had moved the top court seeking an extension of time till March 15, 2023, for payment of arrears of the OROP scheme to all eligible pensioners of the armed forces.

Pointing out that the Ministry of Defence cannot take the law into its own hands by issuing communication on payment of One Rank, One Pension (OROP) arrears in four instalments, the Supreme Court Monday asked the Ministry to immediately withdraw its January 20 communication. The circular issued by the Centre had stated that OROP arrears would be paid in four instalments.

When the central government informed the apex court that it has paid one instalment of OROP arrears to ex-servicemen but that it needs some more time to complete the payment of arrears, a bench of Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala said: “First withdraw your January 20 communication on payment of OROP arrears, then we will consider your application for more time.”

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The bench said the defence ministry’s January 20 communication was completely contrary to its verdict and it cannot unilaterally say it will pay OROP arrears in four instalments. It asked the attorney general to prepare a note giving details of the quantum of payment to be paid, the modalities to be adopted and what’s the priority segment for the payment of arrears.

“We want that there has to be some kind of categorisation and older people should be paid the arrears first. Over four lakh pensioners have died since the litigation started,” the bench said, news agency PTI reported.

The court made the observation while hearing an application filed by the Indian Ex-Servicemen Movement (IESM), through advocate Balaji Srinivasan, in which they have sought to set aside the Defence Ministry’s January 20 communication.

The top court had on February 27 taken exception to the letter issued by the secretary in the ministry, and directed him to file a personal affidavit explaining his position.

“You tell the secretary we are going to take action against him for that January 20 communication. Either withdraw it, or we are going to issue a contempt notice to the Ministry of Defense. Sanctity of the judicial process has to be maintained,” the bench also comprising Justices PS Narasimha and JB Pardiwala said.

In January, the government had moved the top court seeking an extension of time till March 15, 2023, for payment of arrears of the OROP scheme to all eligible pensioners of the armed forces.