“PETITION PRAYING FOR GRANT OF ONE RANK ONE PENSION - By Gp Capt H Rajagopal

To

Shri Bhagat Singh Koshiyari,
Hon’ble Member of Parliament (Rajya Sabha)
Chairman, Committee on Petitions, Rajya Sabha
New Delhi- 110 001
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Through
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Shri Rakesh Naithani
rsc2pet@sansad.nic.in
Jt Director, Rajya Sabha Secretariat
Parliament House Annexe
New Delhi-1100001
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SUBMISSION OF MEMORANDUM IN RESPONSE TO ADVERTISEMENT SEEKING INPUTS FROM THE PUBLIC IN RESPECT OF “PETITION PRAYING FOR GRANT OF ONE RANK ONE PENSION TO THE

ARMED FORCES PERSONNEL”

Respected Chairman,
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Greetings and Good Wishes
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One Rank One Pension, a genuine requirement, a Right as defined by the Honorable Supreme Court, has been denied by the Central Government to military pensioners.
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Sir, I wish to bring to your attention the Historic Judgment delivered by the Constitution Bench of the Supreme Court on December 17, 1982 In the case of D.S. Nakra Vs Union of India (AIR 1983, SC 130) vide Para 5.1.3 of its report.
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“The judges stated:

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"With the expanding horizons of socio-economic justice ... and largely influenced by the fact that the old men, who retired when emoluments were comparatively low and are exposed to vagaries of continuously rising prices ... we are satisfied that by introducing an arbitrary eligibility, being in service and retiring subsequent to the specified date, or being eligible for the regularised pension scheme and thereby dividing a homogeneous class, these classifications being not based on any discernible rational principle ... are unconstitutional and are struck down."

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Consequently, a Special Committee headed by Sri. K P Singh Deo, AVSM, Dy Defence Minister was constituted to settle the issues raised by the ex-servicemen. It made 62 recommendations and stamped its imprimatur on OROP. The Government accepted most of the recommendations except One Rank One Pension, the major demand and genuine one which still eludes the military pensioners.

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However in a placatory gesture, the government granted a 'one time increase' in 1992. Later the fifth pay commission merged all the pre-1996 pensioners into one category, and created a new breed of post-1996 pensioners, yet another Class within Class,

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Sonia Gandhi the president of the Congress Party had endorsed OROP at a rally at Chandigarh on November 23, 2002. Also the President's Address to the Parliament in 2004 included the subject of OROP thus making it as a sworn government policy.

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On the contrary the 6th Central Pay Commission Report created a huge void in the pensions of those retiring prior to 1 – 1 – 2006 as compared to those retiring after that date.

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The report had exactly done what the Supreme court had specifically pointed out in its historic Judgment of 1982 – ie creating a division, among a class based on an arbitrary reason, say “date of retirement”

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Unfortunately despite the Presidential remark, Hon Defence Minister Sri. A K Antony informed the Rajya Sabha on December 11 2008 that the government has not found acceptable the demand for 'one rank one pension' (OROP) by the ex-servicemen.

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Ex Servicemen community rose as one and organized Rallies and Hunger strikes all over the country and returned the Medals and Awards to the President of India, their Supreme Commander once, placing their demand of One Rank One pension.

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The reasons for the demand for One Rank One pension have all been eloquently explained by many in their appeals to this august committee.

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My simple appeal to you Sir, is to take into account the rationale behind the Historic Judgment of the Apex Court of 1982 which clearly spells out why there should not be any class among a class ie, any dividing line based on date of retiring between same Rank of Military pensioners in determining their basic pension.

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Regards,

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Veteran Group Captain. H Rajagopal