Numerous representations have been received by the MoD – IAF, IN and IA from the veterans of all the three wings of the Indian Armed Forces on the major issues concerning with OROP, including the resolution of anomalies in the OROP Tables 7 & 8 (wrt Pre-2016 / Post-2016 retires of X Group).
STAND OF MoD (DESW): The issues concerning with OROP, including the resolution of the anomalies in the OROP Tables 7 & 8 (wrt Pre-2016 / Post-2016 retires of X Group) have been taken up by the Tri-services with MoD DESW. However, MoD DESW has reviewed the issue and clarified the same as follows:- “In the OROP revision wef 01.07.2019, the pension of all the Defence Forces pensioners/family pensioners has been re-fixed on the basis of the average of minimum and maximum pension of Defence Forces personnel retired in calendar year 2018 in the same rank with same length of service.
The scheme of two different rate of X pay has been made operational from 01.01.2016 and the same can be applied prospectively. Hence, separate tables have been prepared for Pre-01.01.2016 retirees and post-01.01.2016 retirees. Pension Table No 7 applicable for the personnel who retired before 01.01.2016 and table No 8 has been prepared for those who have drawn the higher rate of X pay i.e Rs 6200/- wef 01.01.2016”. It is also clarified by MoD DESW that Hon’ble Supreme Court in its order dated 16 Mar 22 in WP(C) No 419/2016 has observed that “It is not a legal mandate that the pensioners who held the same rank must be given the same amount of pension.
The varying benefits that may be applicable to certain personnel which would also impact the pension payable need not be equalised with rest of the personnel.” Hon’ble Supreme Court has also observed that the benefit of new element in a pensionary scheme can be prospectively applied. Further, Indian Ex-Servicemen Movement had filed MA No 499/2023 in WP(C) No 419/2016 for seeking intervention of Hon’ble Supreme Court in the matter. Hon’ble Court on 17 Apr 2023 has found the said MA misconceived and dismissed it accordingly in view of Hon’ble Supreme Court Judgement dated 16 Mar 2023.
ACTION BEING TAKEN: The AFPIC has once again taken up the subject matter for review through TRIPAS with MoD DESW. Hence, the pensioners are requested to await further outcome from MoD (DESW) on the subject.
ADVISORY TO AIR VETERANS: Air Veterans are advised to wait till further update on the subject. Response to the representation received at the Dte AV on the subject is put on hold till the final outcome of the review of GoI.
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