The Supreme Court on Monday refused to accept the sealed-cover note submitted by the Defence Ministry and fixed February 28, 2024, for disbursement of “One Rank, One Pension” (OROP) arrears. The Bench, headed by Chief Justice DY Chandrachud, said the Centre is duty-bound to comply with its 2022 judgment on the payment of pension arrears worth `28,000 crore for 2019-2022.
“Sealed covers in court are against transparency, we want to end it...Please share the sealed cover with the opposite side or take him to the chamber. We want to put an end to the sealed cover business being followed by the SC since High Courts also follow it,” said the CJI when Attorney-General R Venkataramani submitted the details in a sealed cover.
“This is about implementing the orders. What can be the secrecy here? You must give a copy to the other side. Sealed covers are completely against settled judicial principles,” said CJI when the A-G insisted on submitting it in a sealed cover.
“Sorry sorry we will not take this sealed cover. Please take it back or read it,” said the CJI.
The Bench noted that out of 25 lakh pensioners, four lakh did not qualify for the OROP scheme as they were getting enhanced pensions and the Centre proposed to pay the arrears by April 30, 2023.
Reducing the time limit to February 28 next year, the Bench gave the time schedule for payment of arrears to different groups of pensioners under the OROP scheme.
The Bench, also comprising Justices PS Narasimha and JB Pardiwala, directed that the six lakh family pensioners and gallantry award winners “shall be paid their OROP dues by April 30, 2023”. It said around four-five lakh retired servicemen aged 70 years and above shall be paid their OROP dues in one or more instalments by June 30.
The OROP dues for 10-11 lakh remaining pensioners shall be paid in three equal instalments by February 28 next year, the Bench said, making it clear that the payment of the dues “will not affect further equalisation of pension of ex-servicemen to be done in 2024”.
“The Union Government is duty-bound to comply with the judgment of this court in the terms of the OROP scheme,” said the Bench fixing specific timelines for the disbursement of OROP arrears.
The Bench was hearing the Indian Ex-Servicemen Movement’s (IESM) plea over payment of OROP dues. The top court, on March 13, came down heavily on the Government for “unilaterally” deciding to pay OROP dues in four installments. The Defence Ministry has recently filed an affidavit and a compliance note in the top court, giving the time schedule for payment of the arrears of Rs 28,000 crore to ex-servicemen for years 2019-22.