New Delhi, Jul 29: The Supreme Court has dismissed the review petition which had challenged its decision on the "One Rank One Pension" policy. An SC bench of justices DY Chandrachud, Surya Kant, and Vikram Nath said, "The review petition is dismissed in terms of the signed order."
A review petition was moved in the Supreme Court challenging the top court judgement delivered in March this year. The Supreme Court in March this year upheld the Central Government's decision on "One Rank One Pension as it said that the OROP definition is not arbitrary and it does not find any constitutional infirmity in the OROP principle as defined by the communication dated Nov 7, 2015."
The SC disposed of the Indian Ex-Servicemen Movement plea which challenged the manner in which the "One Rank One Pension" policy for ex-servicemen of defence forces has been implemented by the respondent through a letter dated Nov 7 2015 issued to the Chiefs of three defence forces. The letter defines OROP 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. OROP, in terms of the letter, aims to bridge the gap between the rate of pension of current and past pensioners at periodic intervals.
The petitioners had contended that in the course of implementation, the principle of OROP has been replaced by 'one rank multiple pensions' for persons with the same length of service. The petitioners had further contended that the initial definition of OROP was altered by the first respondent and, instead of an automatic revision of the rates of pension, the revision now would take place at periodic intervals.
The Court said, "We find no constitutional infirmity in the OROP principle as defined by the communication dated 7 November 2015," the Court said in its March order and further added that "The definition of OROP is uniformly applicable to all the pensioners irrespective of the date of retirement. It is not the case of the petitioners that the pension is reviewed 'automatically' to a class of the pensioners and 'periodically' to another class of the pensioners."