INDIAN EX SERVICEMEN MOVEMENT Vs. UNION OF INDIA

JUDGEMENT

(1.) This judgment has been divided into the following Sec. to facilitate analysis:

(2.) The salient facts giving rise to the proceedings need to be stated. The demand for OROP by ex-servicemen of the defence forces was initially examined by Parliament in 2010-11. On 19/12/2011, the Rajya Sabha Committee on Petitions ["Koshyari Committee"] presented its 142nd Report on the Petition Praying for Grant of OROP to Armed Forces Personnel ["Koshyari Committee Report"]. The Committee recommended the implementation of OROP. The Committee defined OROP as a uniform pension to be paid to armed forces personnel retiring in the same rank with the same length of service, irrespective of their date of retirement, where any future enhancements in the rates of pension were to be automatically passed on to the past pensioners. The Committee noted that OROP was being implemented till 1973 when the Third Central Pay Commission took a decision to revoke it. The relevant observations/recommendations of the Koshyari Committee are extracted below:

(3.) On 17/2/2014, the Finance Minister announced in his Budget Speech that the Union Government had in principle accepted OROP and it would be implemented prospectively from financial year 2014-15. The Finance Minister stated that an amount of Rs.500.00 crores has been transferred to the Defence Pension Account to meet the budgetary expense. On 26/2/2014, the Defence Minister chaired a meeting to discuss the implementation of OROP. The Defence Secretary, the Secretary to the Department of Ex-Servicemen Welfare, the Controller General of Defence Accounts ["CGDA"], the three Vice Chiefs of Staff, and senior officers of the Service Headquarters along with the concerned Joint Secretaries attended the meeting. The minutes of the meeting refer to OROP as a uniform pension to be paid to armed forces personnel that are retiring in the same rank with the same length of service, irrespective of the date of retirement, where any future enhancements in the rates of pension are to be automatically passed on to the past pensioners. The fourth respondent, CGDA, was directed to take necessary steps to give effect to the decision of implementing OROP in consultation with the three defence forces, and the first and second respondents.