Supreme Court seeks government response on ex-servicemen plea on OROP

Supreme Court seeks government response on ex-servicemen plea on OROP

New Delhi: Supreme Court today sought the government’s response on a plea of an ex-servicemen’s body seeking implementation of One Rank One Pension (OROP) as recommended by the Koshyari Committee with an automatic annual revision, instead of the current policy of periodic review once in five years.

A bench comprising Justices Dipak Misra and C Nagappan issued notice and sought the response from the government in eight weeks.

The Indian Ex-servicemen Movement (IESM) and others have challenged the government’s policy of periodic review of pension once in five years, saying such an approach was dilution of the February 26, 2014 announcement by which the revision in pension was to automatically pass on to the past pensioners on an annual basis.

They have contended that five-yearly periodic review did not meet the demand of the ex-servicemen seeking OROP for the service personnel who had retired with same length of service in the same rank.

“OROP is the uniform desire of all three defence services. Ex-servicemen are presently drawing pension that is not consistent with their rank and/or length of service. In fact, some ex-servicemen are even drawing lesser pension than other ex-servicemen who retired with a subordinate rank or (in the same rank) which is unjust and unconstitutional,” the petition said.

It said that the Centre’s February 3, 2016 letter sent to the chiefs of Army, Navy and Air Force on OROP was “unjust, arbitrary and violative of Article 14 and 21 of the constitution.”

The plea sought a direction to the Centre “that the pension of past pensioners be automatically and contemporaneously enhanced, whenever there is any future increase or enhancement in the rates of pension.”
It further said the government should be directed to fix the pension on the basis of highest pension of financial year 2014-15 and not 2013.

IESM in its petition has referred to the December 19, 2011, report of Rajya Sabha’s Petition Committee then headed by Bhagat Singh Koshyari which rejected all reservation advanced by the government while “strongly recommending” OROP.

In its 142nd report, the Koshyari Committee had said, “the Committee strongly recommends that Government should implement OROP in the defence forces across the board at the earliest”.

PTI

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IESM LETTER TO RM ON OROP ANOMALIES

IESM LETTER TO RM ON OROP ANOMALIES

21st January 2016

The Raksha Mantri
South Block, Ministry of Defence
New Delhi

Urgent Need to Rectify Anomalies in OROP

in Govt notification dated 7 Nov 15

Dear Shri Manohar Parrikar ji

Please refer to Govt executive letter dated 26 Feb 14, press release dated 5 Sep 15, Govt notification dated 7 Nov 15 and 14 Dec 15. Please also refer to the statement made by MOS Defense Sh Rao Inderjit Singh in Parliament on 2 Dec in reply to question asked by Sh Rajeev Chandrashekhar regarding implementation of OROP. (All attached)

One Rank One Pension was approved by UPA Govt in budget dated 17 Feb 14 and then by NDA Govt in their budget dated 10 Jun 14. UPA Government issued an executive order dated 26 Feb 14 for the implementation of OROP dues to veterans at the earliest. This was never implemented by the MOD nor a demand note was ever raised. The approved definition of OROP by two Governments is given below.

    "One Rank One Pension (OROP) implies that uniform pension be paid to the Armed Forces Personnel retiring in the same rankwith the same length of service irrespective of their date of retirement and any future enhancement in the rates of pension to beautomatically passed on to the past pensioners. This implies bridging the gap between the rate of pension of the current pensioners and the past pensioners, and also future enhancements in the rate of pension to be automatically passed on to the past pensioners."

OROP implies that a senior rank soldier should never draw pension less than his junior rank soldier. This cardinal principle is the soul of OROP and must never be violated.

Government issued a notification on 7 Nov 15 for implementing OROP. Government reiterated above-mentioned definition of OROP in the letter but introduced some conditions in the notification that completely destroy the definition approved by two parliaments. These conditions have created four anomalies which completely violates the definition and thereby, the soul of OROP. These anomalies are discussed in detail in succeeding paragraphs.

    1) Fixation of Pension on calendar year of 2013 instead of FY of 2014: Fixation of pension as per calendar year 2013 would result in past retirees getting less pension of one increment than the soldier retiring today. This will result in past retirees drawing lesser pensions than present retirees. This will completely destroy definition of OROP approved by two Parliaments and will also result in loss of one increment across the board for past pensioners in perpetuity.

    2) Fixation of pension as mean of Min and Max pension: Fixing pension as mean of Min and Max pension of 2013 would result in more anomalies wherein same ranks with same length of service will draw two or more different pensions thus violating the very principle of OROP. This issue was discussed with RM in various meetings and after due deliberations it was decided that accepting highest pension of each rank in the year would meet the requirement as base of pension.

    3) Payment wef 1st Jul 14 instead of 1st Apr 14: OROP has been approved in budget of 2014-15 by two parliaments. As per norms of Government, all proposals approved in budget are applicable from 1st April of that FY. In the case of OROP, the Govt had issued specific orders to its applicability wef 1st April 14. Hence implementation date for OROP from 1st July will be against the Parliament approval. Changing the date would result in loss of 3 months emoluments for OROP across the board. However, if OROP implementation date is to be kept as 1st July, then the base pension should also be accepted as per the PPOs of July 2014.

    4) Pension Equalisation every five year: Pension equalisation every five year will result in a senior rank soldier drawing lesser pension than a junior rank soldier for five years thus OROP definition will be violated for five years. This will also result in permanent violation of definition as fresh cases will come up every year.

These anomalies will result in lesser pensions to widows, soldiers, NCOs and JCOs than what will be due to them on approval of OROP. This will result in veterans not getting OROP as per approved definition and will create large discontentment across all ranks.

There is a need to have a relook at the pensions of Hon Nb Subedars, Majors and Lt Cols.

    a) Some Havildars are granted rank of Hon Naib Subedar in view of their exemplary service. These soldiers are not granted pension of Naib Subedar thus making the Hon rank just ceremonial. It is requested that Hon Naib Subedars should get pension of a Naib Subedar rather than that of a Havildar. Similarly, this must be accepted as a principle and it should be applicable to all Hon ranks in case of NCOs and JCOs.

    b) There are only a few Majors as veterans. Moreover no officer is retiring in Major rank now. In the past, officers were promoted to Major rank after completing 13 yrs of service whereas present officers are getting promotion of Lt Col in 13 yrs. It will be justified to grant all pensioners of the rank of Major, minimum pension of Lt Col as they cannot be compared to present retirees as officers are not retiring as Majors any more. Number of such affected officers is not more than 800 and will not cause heavy burden to Govt.

    c) Similarly, all pre-2004 retiree Lt Cols should get the minimum pension of full Col. Presently all officers retire in the rank of Colonel hence all Lt Col equivalents should be granted min pension of Colonels.

In view of above you are requested to rectify these anomalies and issue addendum to notification issued on 7 Nov 15 for implementation of OROP. We strongly believe that there will be no requirement of judicial committee for attending to anomalies creeping up in implementation of OROP. Grant of increase in pension in case of honorary ranks and Majors and Lt Col must also be approved as a good will gesture.

This letter is being signed by three major organizations with the approval of more than 200 organizations. List of such organizations is attached.

sd/- Lt Gen Balbir Singh Chairman IESL Advisor UFESM

sd/- Col Inderjit Singh Chairman AIEWA Chairman IESM

sd/- Maj Gen Satbir Singh Chairman UFESM Advisor UFESM

Copy to:

  1  Mr Arun Jaitley, Finance Minister, North Block, Finance Ministry, Government of India
  2 Mr Jayant Sinha, MoS, Finance, North Block, Finance Ministry, Government of India
  3  General Dalbir Singh, PVSM, UYSM, AVSM, VSM, ADC, Chief of Army Staff
  4 Air Chief Marshal Arup Raha, PVSM, AVSM, VM, ADC, Chief of the Air Staff & Chairman Chiefs of Staffs Committee (CoSC)
  5  Admiral RK Dhowan, PVSM, AVSM, YSM, ADC, Chief of Naval Staff

Source: http://ex-servicemenwelfare.blogspot.in/

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Dream of OROP has moved a step closer to its approval: IESM

Dream of OROP has moved a step closer to its approval: IESM

OROP LATEST NEWS BY IESM

Dear Members

Further to the information given in the report of rally held on 1 Feb 15. On 1 Feb 15 a delegation of 30 ESM including four veernaris met RM at Kotah house. RM had promised to take action on OROP latest by 17 Feb 15.

IESM has a good news for you. Your dream of OROP has moved a step closer to its approval.

As promised by RM to IESM delegation that he will personally monitor the progress on OROP. True to his promise he has chaired a meeting today of OROP action committee. The meeting was attended by CGDA, DESW, MOD and Army pay cell Maj Gen Aggarwal and Col Pruthi. Col Rathore also attended the meeting. It is confirmed that OROP file has finally reached MOD.

Following decisions have been taken in the meeting today 17 Feb 15.

1. OROP will be as per approved definition.
2. In most of cases ESM will get fixed at highest of their rank pay band. 
3. OROP equalization will be done annually.
4. Some issues of Major’s pension are under discussion and will be sorted out soon.

RM gave special instructions to Gen Aggarwal to inform Gen Satbir singh about this development. Gen Aggarwal informed IESM asap he came out of the meeting. File is under final scrutiny and preparation and file will be dispatched to MOF on 23 Feb as RM is going to attend Annual Aero Show at Bangaluru from 17 to 22 Feb.

 CGDA has already issued circular no 536 giving increase in pension of widows w.e.f. 24 Sep 12. This circular fixes the pension of widow at 60% of the pension of the ESM as given in circular 500. Widows will get this enhanced pension from 24 Sep 2012. They will further get arrears from 1 Jan 2006 as and when the MOD issues such instructions.

 Dear Members hold your celebration till budget. We will finally come to know how much funds get allotted for OROP in this years budget and will raise a toast for OROP on that day.

IESM salutes sincerity of RM Sh Manohar Parrikar. He is a man of his words. He had promised action on OROP by 17 Feb and he has executed it.

Regards
Gp Capt VK Gandhi VSM
Gen Sec IESM

 Block N5, Flat no 801
Narmada Block
Pocket D6, Vasant Kunj
New Delhi. 110070
Mobile 09810541222

Source: http://ex-airman.blogspot.in/

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For One Rank One Pension, war veterans to march on Delhi

For OROP, war veterans to march on Delhi: Ajay Sura,TNN

CHANDIGARH: More than 10,000 restless ex-servicemen from across the country will hold a massive protest at Jantar Mantar in New Delhi on February 1 to pressurize the Centre into keeping its promise on the one rank one pension (OROP) demand.

During the 2014 Lok Sabha election campaign, both the BJP and Congress had pledged to implement the scheme. But the new government has not implemented it even after completing 200 days in office. Several ex-servicemen welfare organizations have come under the banner of Indian Ex-servicemen Movement (IESM) for the protest.

The veterans are also unhappy over defence minister Manohar Parrikar recent statement that he would try to implement 80% of OROP.

“It has to be implemented 100% as promised by the Prime Minister on a number of occasions. Any dilution will not be OROP,” said Major General Satbir Singh (retd), chairman of IESM. He also wants a white paper from the Centre on OROP, given that Narender Modi had pledged to implement the scheme in his first election rally at Rewari in September 2013 after he was declared BJP’s prime ministerial candidate.
“If it is short of funds, the government should openly say so. We are even ready to accept bonds but give us our 100%,” Gen Satbir said.

Brigadier Harwant Singh (retd), president of the all India Defence Brotherhood, said, “As soldiers, we never thought of performing 80% while guarding the nation. We are feeling dejected and restless because of the delay.”

Brigadier Kiran Krishan (retd) of IESM said OROP was sanctioned on February 17, 2014. “Ten months have passed since. The BJP government enthusiastically promising to implement it had raised our hopes. But the party seems to be dragging its feet.”

In its last budget in February, the UPA government had provisioned for Rs 500 crore for OROP. The BJP government had announced Rs 1,000 crore in its interim budget in July. However, army authorities estimate that Rs 5,000 crore would be required, whereas the accounts department of the defence ministry says Rs 9000 crore would be needed to implement OROP.

Out of 30-lakh ex-servicemen in the country, Punjab alone has around 3 lakh, Haryana has nearly 2.8 lakh, Himachal Pradesh (HP) has around two lakh. Around 10,000 retired ex-servicemen live in Chandigarh.
OROP implies uniform pension to personnel retiring on the same rank with the same length of service irrespective of their date of retirement.

Source: TOI

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One Rank One Pension – IESM announces Maha Rally on 1.2.2015 at Jantar Mantar

One Rank One Pension – IESM announces Maha Rally on 1.2.2015 at Jantar Mantar
IESM ANNOUNCES MAHA RALLY ON 01.02.2015 AT JANTAR MANTAR FOR O.R.O.P.

We all, in most disciplined manner and peacefully, have been waiting the implementation of OROP as promised by the UPA Government and then by Shree Modi the Prime Minister of the NDA Government.
Unfortunately for us the NDA Government has made a U Turn on its pre-poll promises and repeated announcement by Shree Narender Modi since the time he became the PM.

As per the latest announcement made by the RM, he is planning to give us only 80% of our demand and he still wants to call it OROP. What a shame to the NDA Government.

It is the Babus who seem to be running the country and not the PM and his Government.

We have only one option left now –

JOIN ESM MAHA RALLY ON SUNDAY, 1 FEBRUARY 2015 AT 1030 HRS AT JANTAR MANTAR NEW DELHI

We all ESM, our families, relatives and friends, living in NCR and in Northern States should join the Rally. Please start planning accordingly. We must join in maximum possible numbers and shake up the Modi Government and all the other political parties of India.

We must not allow the Babus to cheat the ESM and families as always they have been doing.

IT IS NOW OR NEVER

SO DO JOIN THE RALLY
IN MAXIMUM POSSIBLE STRENGTH

In service of Indian Military Veterans & Families
Chander Kamboj

JUSTICE DELAYED IS JUSTICE DENIED

Source: http://indianexserviceman.blogspot.in/

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