The government order that denied pre-mature retirees (PMR) One Rank One Pension (OROP) benefits was overturned by the primary bench of the Armed Forces Tribunal (AFT) in New Delhi, which ruled that it was unconstitutional.
According to the AFT, the decision went against the Constitution’s Articles 14 and 16, which protect equality and equal opportunity in public employment.
OROP Benefits Overturned By Primary Bench of Armed Forces Tribunal
Judge Rajendra Menon and Rear Admiral Dhiren Vig (retd) gave the ruling on January 31 in response to petitions by officers in the Army, Navy, and Air Force contesting the exclusion of PMR troops from OROP benefits.
The affected officers fall into three categories:
- Category A: PMR pensioners who retired before July 1, 2014, and already receive OROP.
- Category B: PMR pensioners who retired between July 1, 2014, and November 7, 2015.
- Category C: PMR pensioners who retired after November 7, 2015, and were denied OROP.
Category C pensioners were the main target of the AFT decision.
Under OROP, military personnel earned pension parity up to 1973, regardless of when they retired.
Pension discrepancies resulted from the discontinuation of OROP by the Third Pay Commission in 1973.
Government Re-examined OROP
This discrepancy alarmed former service members, therefore the government re-examined OROP.
The petitioners contended that no significant advancements were made in spite of the 5th and 6th Central Pay Commissions’ (1987–2000) mentions of OROP.
The government’s 2008 rejection of its 2004 pledge to adopt OROP sparked massive demonstrations.
War veterans protested the denial of OROP compensation in 2009 by returning their medals.
As a result, a 10-member parliamentary group known as the Koshiyari Committee was established, and it turned in its report in December 2011.
The government’s plan to adopt OROP was revealed in 2014 by the defence and finance ministers at the time.
In February 2014, the government announced that OROP would be implemented for the 2014–2015 fiscal year.
The current government released a policy in November 2015 to put OROP into effect.
Premature retirees who retired on or after July 1, 2014, were not eligible for OROP under this program.
The petitioners contended that the exclusion of PMR employees was not addressed by a judicial commission that was established on December 14, 2015, to look into OROP irregularities.
