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ONE-RANK-ONE-PENSIONMaj Gen (Retd) Surjit Singh‘Equal Pay for Equal Work’ is a directive principle of the State policy in ourConstitution. The right to equal pension at each rank for the same length ofservice derives from the same tenetSummary"One Rank One Pension" ( OROP ) is an emotive issue. When two soldiers of thesame rank and with equal length of service find that they are in receipt ofdifferent pensions, just because they retired on different dates, they are unableto reconcile with the situation. The feeling of hurt is not confined to lowerranks alone. Even general officers whose pension was depressed by the Fifth PayCommission, felt so aggrieved that they took the matter to the court to seekjustice, and their case is still pending in the Supreme Court. OROP is one ofthe few pending grievances of our veterans. No responsible person has ever saidthat the demand is either unjustified or unreasonable. The benefit of thisdispensation will go to veterans who are really old, and needy. Grant of OROPwill instill a sense of fairness and equity amongst the old soldiers, sinceideally, the pay and pensions of soldiers should be regulated through simplecharts wherein the entitlement of a soldier or a veteran is governed by only twobasic factors : his rank and the length of service.The financial effect of OROP was officially estimated at Rs 600 crores per annumin 2004, as per the records of a parliamentary committee which examined the issue.This figure would have increased due to inflation during the last four years.No civilian organization has, till this day, sought the equivalent of OROP.Further, when a ‘One Time Increase’ was granted to the soldiers in 1992 there wasno reaction from the civilian pensioners. Hence, there need be no reservationsabout the apprehension of similar demands from civilian pensioners. OROP has been the stated policy of all mainstream political parties. It waseven there in the President's opening address to Parliament in 2004. That makesit the declared policy of the government, not just of a political party. The PayCommission is a creature of the government and works in close co-ordination withthe Finance ministry. Therefore, the report of the 6th PC reneges on thedeclared guiding principle of the government. The call is for the government tohonour its promise. NOW is the ideal time to institute this reform, since thereport of the Pay Commission is in the process of being implemented.BackgroundThe pension system for the military underwent rapid changes during the first threedecades after our independence. And for some reason or the other, the reforms wereinvariably made effective prospectively, without extending the new benefits to thepast pensioners. In many cases, retirees were given options to choose from.Consequently, by 1985, there were fourteen categories of pensioners. Quitenaturally, the veterans sought rationalization of the system. The quest for one-rank-one-pension (OROP) began during the early eighties. A high level committee,headed by Shri KP Singh Deo was formed to examine all issues related with theproblems of ex-servicemen, and this was one of the main concerns. The committeeidentified over sixty problem areas, most of which were resolved, but the OROPlingered on. There after, this quagmire has been examined by three pay commissionsand several parliamentary committees. It has continued to bug successive
 
governments and has now become a ‘war cry’ of our ex-servicemen. During the run upto the elections for the current Lok Sabha, all major parties promised to resolvethis issue. It even figured in the President’s address to the Opening Session ofParliament, thus making it government policy. However, to our dismay, the 6th PChas ignored the issue.The Nature of the Proposed ReformAt the outset, it must be understood quite clearly that OROP implies the grant ofequal pension to soldiers of a particular rank, who have rendered the same lengthof service, irrespective of their date of retirement. It will thus remove thesense of injustice which the earlier retirees experience, when they find thattheir pension is less than that of some one who was their equal in service. In amajority of cases, the actual difference is no more than ten or fifteen percent,but the heartburn which that small amount of money causes has resulted inrepresentations, petitions and even court cases. Many old soldiers feel that thegovernment is insensitive to their just and legitimate plea.Present Position of the CaseThere are two reasons for the successive governments failing to resolve this issueso far. One, that the State could not bear the financial burden of admitting OROP,and two, because there was always a lurking fear that a similar demand could comefrom civilian pensioners, and the fiscal effect of granting this concession to allcentral and state pensioners would be exorbitant. However, within the constraintsof the resources, a ‘One Time Increase’ was granted by the Congress government in1992 and later the Fifth Pay Commission amalgamated all pre-1996 pensioners intojust one category. Consequently, we now have only two types of pensioners: thepre-1996 pensioners and the post ’96 retirees. For complete resolution of theproblem a parliamentary committee headed by Shri Madan Lal Khurana wasconstituted. The record of their deliberations reveals that this committee alsoran into the same imbroglio. Mercifully, the financial effect estimated by thegovernment on 1.4.2004 was a modest figure of Rs 600 crores. But if they chose toadmit arrears wef 1996, it would cost an additional out go of Rs 4000 crores.Meanwhile, the report of the Sixth Pay Commission has come in, and after takinginto account all factors, the current estimate of the price tag on this reform mayhave risen to a proportionately higher figure. But the magnitude of the financialeffect would be of the same order. The veterans are agitated at the dismissal oftheir demand for OROP by the Pay Commission and have threatened to demonstrate andeven resort to a hunger strike.Fear of a Possible Demand Being Raised by Civilian PensionersRelating civilian pensioners with veteran soldiers is like comparing chalk withcheese. The two categories of personnel are so different that using this as anargument is actually a red herring. This ghost has been haunting the governmentsin power for over two decades and preventing them from implementing a straightforward reform. Given below is a list of the major factors which distinguishsoldiers from the civilians :First and foremost, soldiers are the only people who have “ranks”, whichconform to internationally accepted norms. Thus, a Battalion is commanded by acolonel and the boss of a ship is a Captain, the world over. On the other hand,the civilian grades are municipal ‘designations’ which have no formal sanctity.Even a miniscule organization can have a ‘Director’ and he can designate hisassistants as ‘general managers’ or ‘secretaries’. Thus, the very basis of OROP isinapplicable in their case.While all civilians retire at sixty years of age, the length of service ofsoldiers is related with the rank attained. A very large number of combat soldiersare sent home in their mid-thirties, to keep the army young.Soldiers are the only government servants who are exposed to war risk, and

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manali_shahleft a comment

Thanks for uploading this document. Very useful.

Kamal Singhleft a comment

mainly it is only for army that govt, doesnt have money.their own ministers are making money in crores with out any fear. for them theren is no poblem and no punishment, though for small things senior army officer are being taken to task

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krishanlaljaspalleft a comment

Endeavors have brought partial results. In this context I submit As per budget speech of Fin Min, the OROP is approved for few ex-men. All Officers are debarred. In fact it is not understood whom to believe. The Fin min says some thing else where as def min says some thing else. If the def min is right the govt needs to be congratulated for fulfilling its promise and long pending demand of def pensioners but if fin min is to be believed it is shame and disgrace to the concerned auth who drafted and approved OROP. It is shame for govt. for such action. The debarred def pensioners wish to know: Are the debarred pensioners are not the ex-men, did they not serve the nation? Did they not fight and many of them give their lives while fighting against external and internal enemies, whose families and children suffered? Could the def pensioners served or fought the wars without officers/can it be ever possible in future? Were the deprived def pensioners not sincere honest loyal faithful obedient dutiful submissive docile tractable and disciplined soldiers? If the fin Min is right, the following is submitted by: Lt. Col. (Retd.) K L Jaspal, H. No. 28, Sector 21-B, Faridabad, Haryana. Pin-121001. Mobile Phone No. 09471889885 Email address: krishanlaljaspal@yahoo.co.in SUBJECT: DIVIDING THE DEFENSE PENSIONERS AND CREATING DISCRIMINATION IN APPROVING ONE RANK AND ONE PENSION FOR THEM AND BY INCARPORATITING A CLAUSE OF PRO RATA OF 33YEARS FOR CALCULATING PENSION OF PRE-2006 PENSIONERS. PROLOGUE. 1. In accordance with the contents of Article 14, this piece of writing is to throw light on similarly circumstanced country men who cannot be and must not be arbitrarily divided or categorized or classified by the state for debarring some of them from the benefits whenever announced by the Govt. Efforts are made to explain that already existing classifications/categories of pensioners are founded on an intelligible differentia which distinguishes pensioners that are grouped together. Whenever and wherever, the state has ever made any deceptive efforts to further classify the pensioners for its own financial or any other interest, but that was against pensioners in financial or in any other manners, it was checked by the Law of the Land. Many of the courts of the country including the Apex court of India always stood by Article 14, which forbade the Govt. from doing so. Article 14 is therefore specifically incorporated in the constitution to ensure fairness and equality of treatment to all the countrymen of the nation, so that all of them are treated alike both in privileges conferred and liabilities imposed by the state or any of the state’s authorities. A BRIEF SUMMARY OF ARTICLE 14. 2. Article 14 of the constitution strikes at arbitrariness of the State action and ensures fairness and equality of treatment to all the country men of India. This article is attracted where equals are treated differently without any reasonable basis. The principle making the guarantee compulsory and obligatory is that all persons similarly circumstanced shall be treated alike both in privileges conferred and liabilities imposed. Equal laws would have to be applied to all the persons happened to be in the same situation and there should be no discrimination between one class of persons from the other classes of similar persons as regards the subject-matter of the legislation, their position is substantially the same. 3. The Article 14 further explicitly and unambiguously forbids class division by the state. This Article, unequivocally explains that the classification already made is founded on an intelligible differentia which distinguishes persons or things that are grouped together from those that are left out of the group and that differentia must have a rational to the object sought to be achieved by the statute in question. ENTITLEMENT OF PENSION. 4. It is well known that the pension is a right and not a bounty or gratuitous benefit. The payment of pension does not depend upon the discretion of the Government alone but it is governed as per the constitution of the nation and by the rules framed by the parliament. Thus, a government servant coming within the preview of those rules is entitled to claim the pension. CLASSIFICATIONS OF DEFENSE SERVICE PENSIONERS CARRIED OUT BY THE GOVERNMENT OF INDIA, DISREGARDING AND DISRESPECTING THE CONTENTENTS AND SPIRIT OF ARTICLE 14 OF THE CONSTITUTION OF INDIA WHICH FORBIDS FOR DOING SO. 5. Since inception of defense forces, the defense pensioners have just in one class; irrespective of ranks they wear i.e. retired defense personnel called ex-servicemen or defense pensioners. Whenever the pensionary benefits were ever enhanced by the Govt., these have been made applicable to all the pensioners, irrespective of their dates of retirements or ranks they wore. 6. Factually, Just to partially approving the concept of OROP and denying the benefit to a large number of defense pensioners

Munaga Nageswara Rao replied:

It is quiet false to state that "NO DIVISION". go to CSD Canteen, go to ECHS, go to RSWB/ZSWO the officers were treated as if the Royal Army from Brtish Army whereas the ORs/NCOs/JCOs and thier families were treated as slaves and second class citizens. You the officers behaving in the civil society though the Govt defined Who will be Ex-Servicemen?/// Pl self-introspect and then address to the
01 / 30 / 2012

M Nageswara Raoleft a comment

Sir, incontinuation of my comments, the actual fact i like to bring to your kind notice that as i am referring 'Ex-Service League' comprised by all the Officers(rather from Military) gone to the Hon'ble Supreme Court in 1991 itself vide WP(Civ) Nos.13550-55 referring and basing on the judgment given in the case of 'Nakara' vs UOI, but could not succeed and thier petition was dismissed as the same was not efficiently argued with proper presentations, citations, precedents, etc. thus they gave a much chance to the Govt whenver we represent they say that see the SC's judgment and 'yeah' u people gone to the court, that ends ur demand. of course, the Hon'ble SC stated that it is the Govt to take decision on the matter. reg slaries of the armed Forces Personnel, as one of our predesor rightly pointed out that their (higher ups/ranks) pay bnad more than expectedly enhanced, because, first and foremost this time very daringly the Navy Chief Mehatha saheb represented to thier cadre, and results also very fruitful. thirdly, one of the higher ranked commissioned officer while participating in one of meetings at Bangalore, suggesting, as reported in the press, all the sub-committees shall be headed by a higher ranked officer ???? why Sir, now a days there is dearth of intellectuals/qhalified in the ORs category, it should always be rememberd. with regars, M N Rao