IMPLEMENTATION OF ONE RANK ONE PENSION (OROP) FOR PRE DEC 2004 RETIREE MAJORS

09 March 2015           

 

 

 IMPLEMENTATION OF ONE RANK ONE PENSION (OROP)

FOR PRE DEC 2004 RETIREE MAJORS

Dear Veterans

 

            Letter to Hon’ble Raksha Mantri, RRM and three Chiefs regarding: Implementation of OROP for Pre Dec 2004 retiree Majors dt 09 Mar 2015 is enclosed herewith for your information and widest circulation please.

           

            With regards

Maj Gen Satbir Singh, SM (Retd)
Chairman IESM
Mob: +919312404269, 0124-4110570
Email ID: satbirsm@gmail.com

...............................................................

09 March 2015           

 

Shri Manohar Parrikar

Hon’ble Raksha Mantri

104, South Block

New Delhi-110011

 

 IMPLEMENTATION OF ONE RANK ONE PENSION (OROP)

FOR PRE DEC 2004 RETIREE MAJORS

Hon’ble Raksha Mantri

 

 

            This has reference to Indian Ex-servicemen Movement (IESM) Delegation meeting with you on 02 March 2015.

           

            As per your directions, a write-up on the implementation of OROP for Pre Dec 2004 retiree Majors is given below:-.

 

• Change in the Govt Policy for promotion to the rank of Major & Lt Col was introduced on 16 Dec 2004 consequent of acceptance of recommendation of Ajay Vikram Singh Committee constituted to  enhance promotional avenues in the Armed Forces.  All  officers with  6 years of service were promoted to the rank of Major and 13 years of service to the rank of Lt Col.
• Consequently, no officer of the rank of Major would have retired post Dec 2004.
• Officers of the rank of Major who had retired prior to the change in policy that is Dec 2004 and had put in more than 13 years of commissioned service, therefore, would need to be given the pension of Lt Col and the grade pay of Major.  The Hon’ble Supreme Court repeatedly ruled that one homogeneous class cannot be divided on the basis of an arbitrary date when dispensing a benefit to a part of group and denying the same to other part of the same group as it violates law of equality enunciated under Art 14 of Constitution. The case of Maj Gen SPS Vains Vs Union of India is a case in point. In another instance, Hon’ble Supreme Court observed that benefit of disability should not be denied to one part of homogeneous group on the basis of arbitrary date for implementation of such benevolent policies of the Government of India. It is submitted that Majors are one class. Judgement exists where no date lines are to be fixed to pass any benefit to the Govt employees.
• Therefore, any benefit of Pay & Pensions needs to be passed to all similar class of officers, in terms of rank and total services for the implementation of OROP.   If officers of 13 years commissioned service are given the benefit of promotions to the rank of Lt Col and consequently the Pay & Pensions of the rank of Lt Col, all officers of the rank of Major with more than 13 years of commissioned service who retired prior to Dec 2004 fulfilling condition of qualifying service of pension would also qualify to be considered for the grant of pension for the rank of Lt Col.  Such officers can be notionally placed in the rank of Lt Col for the implementation of OROP.

• The number of such officers in the rank of Major who had put in minimum 13 years of commissioned services and retired with pension is a finite small number ie approximately only 900.  It will be only just and fair if they are also given the pension of Lt Col and grade pay of the Major for implementation of OROP.
• Since there is no officer of the rank of Major who would have retired on 01.04.2014, the effective date of implementation of OROP, there will be no bench mark/equivalence to work out  the pension of Pre Dec 2004 retiree Majors  for the  implementation of OROP.
• The funds required to grant Lt Col pensions to a small number of Pre Dec 2004 retiree Majors will be very small.  The Service Headquarters are also of the same view as above and the DGL prepared by them for the implementation of OROP takes the above into account.  They have also recommended that Pre Dec 2004 retiree Majors be granted pension at par with Lt Col, with grade pay of Majors. It is obvious that DESW has once again not looked after the welfare of soldiers.
• From the administrative point of view, only the length of qualifying service (which is a total of Commissioned Service and Pre Commissioned Service) is mentioned in the PPO.  It will be administratively difficult/not feasible to ascertain the length of commissioned service from the old records of several decades.  It will only be  fair to grant one time dispensation to the  Pre Dec 2004 retiree Majors who had earned their pension with total qualifying service of 20 years and above because pensions have  historically been granted based on qualifying service.

• Officers of the rank of Majors Pre Dec 2004 retiree had carried out their assigned responsibilities of Sub Unit Cdrs during most difficult times of WARs between China/Pakistan in 1962, 1965, 1971, 1999 and insurgency operations in the J & K and North East. The duties of sub-unit Commanders, earlier performed by pre-2004 retiree Majors, are now being performed by presently retiring Lt Cols. Granting them the pension of Lt Col will therefore be justified.

 

            In view of the foregoing, it is strongly recommended that all Pre Dec 2004 retiree Majors who had earned their pensions based on the qualifying service for pension be granted the pension of Lt Col with the grade pay of Major for the implementation of OROP.

 

            With regards

 

Maj Gen Satbir Singh, SM (Retd)
Chairman IESM
Mob: +919312404269, 0124-4110570
Email ID: satbirsm@gmail.com

Copy to :-

 

Shri Rao Inderjit Singh Raksha Rajya Mantri C-1/14 Lodi Garden New Delhi - 110 003   General Dalbir Singh                              PVSM, UYSM, AVSM, VSM, ADC           Chief of the Army Staff Integrated HQs of Ministry of Defence (Army)South Block, New Delhi-110011	For information and necessary action please.     You are requested to jointly and strongly take up the issue with the Govt.
Air Chief Marshal Arup Raha                           PVSM, AVSM, VM, ADC                                                                             Chief of the Air Staff & Chairman, Chiefs of Staffs Committee (CoSC),                                   Integrated HQs of Ministry of Defence (Air Force) Vayu Bhawan, New Delhi 110011	Our request as above.
Admiral R K Dhowan, PVSM, AVSM, YSM, ADC                                                                                                                            Chief of the Naval Staff                                                                                 Integrated HQs of Ministry of Defence (Navy)  South Block, New Delhi -110011	Our request as above