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BY PAVITHRA K M ON MARCH 23, 2022

SC: There is no legal mandate that pensioners who held the same rank must be given the same amount of pension

One Rank One Pension’ or ‘OROP’ is defined as the payment of uniform pension to armed services personnel retiring in the same rank with the same length of service, irrespective of the date of retirement, according to the Union Government’s definition as per the scheme’s notification released in 2015. It stipulates the following:




In Indian Ex Servicemen Movement vs. Union of India & Others, the ex-servicemen association filed a plea in 2016 seeking implementation of the OROP Scheme as per the recommendations put forth by Koshyari Committee with an automatic annual revision based on the 2014 salary of ex-servicemen. In the current policy, a periodic review is conducted once in five years based on 2013 salaries. The plea also claimed that different pensions were given for the same rank depending on when the person retired. For instance, a Sepoy who retired prior to 31 December 2013 would get a monthly pension of Rs. 6,665 and another Sepoy (Group Y) who retired on or after 1 January 2014 would get Rs. 7,605 per month which implies that two soldiers who served for the same length of years, holding the same rank will draw a different pension.

The Supreme Court Bench of Justices DY Chandrachud, Surya Kant, and Vikram Nath dismissed the challenge noting that there is no legal mandate that pensioners who held the same rank must be given the same amount of pension. Moreover, some personnel may be entitled to varying benefits which also affects the pension payable. This need not be equalized with the rest of the personnel. Citing various principles, the bench stated that they could not find any constitutional infirmity in the OROP principle adopted. With respect to the definition of policy, the Bench stated that it was not arbitrary. Stating that a re-fixation exercise should be carried out from 1 July 2019, upon the expiry of five years, the Bench also ordered that all arrears payable to eligible pensioners of the armed forces should be paid within three months.


OROP


Source

https://factly.in/review-sc-says-all-angles-must-be-considered-while-considering-petitions-for-expedition-of-trial/


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OROP Latest News for Ex Servicemen-One Rank One Pension Latest News for Ex Servicemen




Ex Servicemen can find out Latest News about OROP-Latest News for OROP,
Latest News on OROP-OROP Latest News here.


OROP for Defence Pensioners were made by defence organizations to be benefited after retirement from Indian Defence. You can find many articles on this topic like OROP Latest News Today 2019-OROP Latest News 2019 and OROP Latest News Today 2018(in Hindi) which are available on many websites. Here we are sharing some latest OROP information for all concerned. We also will provide in future new information about OROP Latest Update News, so please be remaining in touch frequently on this blog.


OROP Arrears Ex- Servicemen Pre- 2006 Retiree



OROP Latest Update News

One Rank One Pension (OROP) and issues of concern of Defence Veterans needing urgent resolution – IESM writes to MPs

Dear Veterans,
Letter to Members of Parliament on the above subject dated 02 Nov 2019 is enclosed herewith for your information widest circulation please.
With Regards,
Jai Hind,
Yours Sincerely,
Maj Gen Satbir Singh, SM (Retd),
Advisor United Front of Ex Servicemen &
Chairman Indian Ex-Servicemen Movement (IESM)
Dated: 02 Nov 2019

ONE RANK ONE PENSION (OROP) & ISSUES OF CONCERN OF DEFENCE VETERANS NEEDING URGENT RESOLUTION

Dear Members of Parliament,
1. We wish to bring to your notice that long pending demand of defence fraternity of OROP has not yet been implemented. Hon’ble Prime Minister and President of BJP Sh. JP Nadda have time and again stated at various forums that OROP has been implemented. With grievously hurt feelings and anguish, we wish to inform you that such statements by our Hon’ble Prime Minister are of serious concern to us. Had the OROP been implemented as per the definition stated by MoS Sh. Rao Inderjit Singh on 02 Dec 2014 in the parliament, the Ex Servicemen would not have been on the road across the country protesting for the non-implementation of OROP. On 31 Oct 2019, Ex Servicemen have completed 1600 days of continuous Protest Movement executed peacefully with dignity, respect and in the best traditions of soldiering.
2. There are serious anomalies in the Govt of India Min of Def Notification No 12 (I)/2014/D (Pen/Pol)-part –II dated 07 Nov 2015 wherein the Govt is purported to have implemented OROP. The serious anomalies have been brought to the Notice of the Govt on numerous occasions, but these anomalies have not yet been rectified. Ex-servicemen were forced to approach Hon’ble Supreme Court for grant of full OROP. Hon’ble Supreme Court in its order dated 01 May 2019 (copy attached). Asked the MoD to resolve the anomalies to the extent possible and the next date of hearing was to take place on 06 Aug 2019. However, the Hon’ble judge hearing the case was busy in hearing Ram Mandir Case and our OROP case hearing was not listed.
3. In the meantime we had a meeting with Hon’ble Raksha Mantri on 01 Jul 2019 and briefed him about Hon’ble Supreme Court order and requested for the rectification of the OROP anomalies. Hon’ble Raksha Mantri assured us for another meeting after a few days for the resolution of OROP anomalies; however, that meeting has not taken place even after writing to Hon’ble Raksha Mantri a number of times.
4. During an Election Rally at Chandigarh President of BJP Sh. JP Nadda stated that his Govt had implemented OROP. The same was denied by Ex-servicemen bodies. To add to our hurt feelings, Hon’ble Prime Minister on 19 Oct 2019 at Rewari in another Election Rally, again stated that his Govt had implemented OROP. We wish to inform that this is far from truth. OROP has not been implemented; what has been implement is One Time increase in Pension. Unless the OROP anomalies are rectified, grant of Full OROP will remain unfulfilled.
5. We also wish to inform you that equalization of pensions of defence personnel was due with effect from 01 Jul 2019 as per Govt Notification dated 07 Nov 2015, but the same has not yet been carried out. The Govt which had issued the notification has not honored its own order of equalization of Pensions after every five years which became due with effect from 01 Jul 2019. We had through a letter dated 03 Sep 2019 written to Hon’ble Raksha Mantri, copy to Hon’ble Prime Minister and three Chiefs and also forwarded the same letter to Secretary (ESW) requesting for immediate equalization of pensions as notified in Govt Notification dated 07 Nov 2015. MoD, instead of implementing equalization of pensions, ordered another committee whose recommendations have not been made public. The outcome of another, “One Man Judicial Committee (OMJC)” which submitted its report to the Govt on 26 Oct 2016 headed by Justice L. Narasimha Reddy, retired Chief Justice of Patna High Court has neither been made public nor implemented.
6. We appeal to our elected representative, Hon’ble Members of Parliament to raise our issues of concern in the coming winter session and ask the Govt to grant Full OROP to the defence personnel, a demand which is long pending, though it had been accepted by both NDA and UPA Govts but not yet implemented. Our Hon’ble Member of Parliament, with anguish we wish to say that “any country which does not respect its soldiers is doomed to fail”.
Please grant Justice to Soldiers.
With Regards, Jai Hind, Yours Sincerely,
Maj Gen Satbir Singh,
SM (Retd), Advisor United Front of Ex Servicemen & Chairman Indian Ex-Servicemen Movement (IESM)
Mobile: 9312404269, 01244110570/Email:satbirsm[@]gmail.com/(Source Via e-mail)/Source: 
ex-servicemenwelfare.blogspot.com
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Government has delivered on promises made on One Rank One Pension: JP Nadda

BJP national working president J P Nadda said that the BJP`s manifesto for Haryana is a pragmatic paper hence it is doable.
Oct 13, 2019, 14:33 PM IST /Source- zeenews.india

BJP National Working President JP Nadda on Sunday said that the government has delivered on its promises made with regards to One Rank One Pension (OROP). "In Haryana, every family has a member in the armed forces. Prime Minister Narendra Modi had said in Rewari that OROP scheme would be implemented by the government. Rs 12,000 crore has been disbursed for this provision and 22 lakh cases have been addressed in this regard without any pendency," he said.
Nadda was addressing a program during the release of the BJP manifesto for the October 21 Haryana Assembly elections. "Within five years, the armed forces have been equipped with 36 Rafale jets, 28 Apache helicopters, 6 submarines with nuclear weapon carrying capacity, 1.86 lakh bulletproof jackets, 83 Tejas aircraft which are replacing MiG-21 aircrafts. This has been done to substantiate the `Jai Jawan` idea," he added.
The manifesto for Haryana assembly polls was released here today. Nadda said that the BJP`s manifesto is a pragmatic paper hence it is doable. He added that the Manohar Lal Khattar government had changed the image of Haryana with its work in the past five years and the change extended beyond cosmetic change to a fundamental change in the political culture of the state.
"The image of Haryana earlier was projected as a symbol of corruption and nepotism. Today, the image of Haryana has changed because of the transparent governance provided by the Khattar government," he said. The national working president of BJP said that for bolstering the `Jai Kisan` idea, Pradhanmantri Kisan Samman Nidhi has been initiated to give Rs 6,000 annually to 14 crore farmers across the country.
Speaking on healthcare and provisions made in this regard, Nadda said: "For healthcare, 2000 health and wellness centres will be opened in the state to prevent ailments of the people. To address the curative part, the central government has opened an AIIMS in Haryana and medical colleges have been opened in all the districts of the state. The country`s biggest cancer centre, National Cancer Institute made at a cost of Rs 2,052 crore has been planned in Haryana."
Polling in Haryana is scheduled to take place on October 21 and counting of votes will take place on October 24.
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Is the Government Violating SC’s May 1 Order on OROP?


The Defence Minister told Parliament that an internal committee was looking into the Justice Narasimha Commission report on OROP, not mentioning the Supreme Court order asking it to consider the grievances "seriously".

Source - newsclick.in/ 28 Jun 2019

A response from the Minister of Defence, Rajnath Singh, with regard to a starred question in the Lok Sabha on June 26, ought to ease all concerns about the ‘one rank one pension’ (OROP) demand of ex-servicemen. However, if one were to look at the status of the petition in the Supreme Court regarding this matter, there appears to be an anomaly regarding the appointment of a committee to look into the grievances of the retired servicemen.
The response from the Defence Minister is particularly interesting regarding questions (c), (d) and (e) in question 68.
(c) whether there is some resentment among the ex-servicemen with the present model of the scheme and if so, the details thereof;
(d) the details of steps taken for holding negotiation with them and steps taken/being taken by the Government for redressing the issue; and
(e) the aim of setting up of Justice Narasimha Reddy Commission for OROP along with the main recommendations of the Commission and their implementation/status thereof;
In his response to question (c) and (d), the Defence Minister stated;
Some Ex-Servicemen Associations have been demanding changes in methodology for fixation of pension, periodicity of its revision etc. The Government appointed One Member Judicial Committee (OMJC) on OROP on 14.12.2015 to look into anomalies, if any, arising out of implementation of OROP.
As for question (e), the Defence Minister stated;

The Government appointed One Member Judicial Committee (OMJC) on OROP on 14.12.2015 under Justice Narasimha Reddy to look into anomalies, if any, arising out of implementation. The Committee was to take into account the financial impact of its recommendations. The Committee submitted its Report on 26.10.2016. An Internal Committee has been constituted by the Government to examine the recommendations of OMJC with respect to feasibility and financial aspects. The matter is under examination of this internal Committee.

Supreme Court of India Order 

On May 1, a bench of the Supreme Court, comprising Justice DY Chandrachud and Justice Hemant Gupta passed an order which stated;
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 can be provided for the satisfaction of all concerned.”
The grievances of the retired personnel referred to by the court in simple terms means the implementation of the Koshiyari Committee’s recommendations. In 2011, the Koshiyari Committee Report on Petition Praying for Grant of One Rank One Pension to the Armed Forces Personnel described the government’s reluctance to grant OROP as “a typical example of bureaucratic apathy”. The report had found the demand of the retired servicemen for OROP as justified and that it ought to be granted.
What also emerged in the report as a strong reason for implementing OROP is that unlike in the civil services, where the retirement age is 60, the retirement age of defence services personnel is roughly the age of 40. At this age, most people are already married and with children. Having to earn for a family becomes an imperative when one has to pay for school fees and feed and clothe one’s family members. The problem is heightened when one considers the job opportunities in civilian life for those possessing skills learnt in the Army.
In February 2014, in a meeting chaired by the Defence Minister, OROP was defined as; “One Rank One Pension (OROP) implies that uniform pension be paid to the Armed Forces Personnel retiring in the same rank with the same length of service irrespective of their date of retirement and any future enhancement in the rates of pension to be automatically 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 of future enhancements in the rate of pension to be automatically passed on to the past pensioners.
However, a letter written in 2011 by the Joint Secretary of Ex-Servicemen Welfare in the Ministry of Defence to the three service chiefs, defined OROP as a uniform payment of pension to retired servicemen “retiring in the same rank with the same length of service, regardless of the date of retirement , which implies bridging the gap between the rates of pension of current and past pensioners at periodic intervals.” This ‘tweaked’ definition has led to the ongoing litigation.
What is interesting is that the Defence Minister in his reply to Parliament has not referred to the May 1 Order in his response. Further, the Justice Narasimha Reddy Committee was set up on December 14, 2015 and submitted its report on October 26 the following year. For almost three years, the matter has been stuck with an internal committee which is looking over the contents of the Justice Reddy committee’s report. In this regard one ought to wonder whether the government is violating an Order of the Supreme Court.
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पूर्व सैनिक 01-01-2006 से 30-06-2014 तक अपना ओ आर ओ पी एरिअर यहाँ देखें।



2006 से पूर्व सैनिक अपना एरियर यहाँ जाने -


Ex- Servicemen Arrears Pre- 2006 Retiree
OROP

All Ex- Servicemen are excited to know their arrears w. e. f. 01-01-2006 to 30-06-2014. As this group has won case in Hon Supreme Court for delink 33 years.

Note:    From 01-07-2014 we are getting new pension and for arrears is being paid in 4 installments (in two years), 2 installments have been paid so far.

One can find out easily arrears as per latest tables provided by some experts -

Indian Air Force - Down load Here

Indian Air Force  X Group Link

Indian Army Down load Here


- All old details of Pension of Defence Ex Servicemen Pre- 2006 are available in tables given below.

- Ex Men can download for their further calculation.

- Separate Lists are available in consolidated Govt. orders for Army, Air Force and Navy.

#OROP:     Equal pension to all Pre 2006 retiree to current retiree/Post 2006 Ex- men. (In same length of service, same Group X/X, Y/Y and Z/Z and same trade i. e Diploma etc).

One can find out his arrears from this table -

Prepared tables for Sgt Group X Diploma



Prepared table for Sgt Y Group 




 Prepared table for JWO Y Group 


Click Here to Know your New Basic Pension 

DEARNESS ALLOWANCE RATES

Effective Dates
DA Rates
107%
100%
90%
80%
72%
65%
58%
01.01.2011
51%
01.07.2010
45%
01.01.2010
35%
01.07.2009
27%
01.01.2009
22%
01.07.2008
16%
01.01.2008
12%
01.07.2007
9%
01.01.2007
6%
01.07.2006
2%
01.01.2006
0%

Download Previous Pension Details of Pre - 2006 Retiree Here-

Circular No.568 d/d 13.10.2016 issued by PCDA : Revision of pension of Pre-2006 pensioners (JCOs/ ORs and Commissioned Officers)- delinking of qualifying service of 33 years for revised pension.


Circular-568


Circular-555


Circular-547

पिछली पेंशन यहाँ देखें-


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