New Delhi: In a major embarrassment to the central government, the Supreme Court of India has not only refused to accept the sealed cover note submitted by the Central Government regarding the disbursal of pension arrears to retired defence personnel under the One Rank One Pension (OROP) scheme but has also asked the government to clear all the OROP dues by February 28, 2023.
The Defence Ministry that had come under fire for not adhering to the timelines for disbursing the OROP pension arrears in previous court proceedings again came faced the wrath of the court when the division bench led by chief justice D Y Chandrachud directed the ministry to clear all the OROP dues by February 28.
The court in its order said, payment of OROP dues to family pensioners and gallantry award winners to be made in one installment on or before April 30, 2023. OROP dues to pensioners who are above 70 years shall be paid on or before June 30, 2023, whether in one or more installments within the outer limit. The last trench of OROP remaining outstanding shall be paid in equal installments on or before August 31, 2023, November 30, 2023, and February 28, 2024.
Before issuing the directions When Attorney General for India R Venkatramani presented the sealed cover note before the bench, the division bench led by Chief Justice D Y Chandrachud flatly refused to accept it, stating that it had to be shared with the other side.
When AG mentioned that it was confidential, the chief justice said, “"I am personally averse to sealed covers. What happens is, we see something, he does not see. And we decide the case without showing it to him. This is fundamentally contrary to the judicial process. There cannot be secrecy in the Court. The Court has to be transparent. Secrecy it is understandable in a case diary...the accused in not entitled to it, or something which affects the source of information or affects somebody's life. But this is payment of pension in pursuance of directions in our judgment. What can be the great secrecy in this? ", CJI told the AG.
When AG referred to the issue as sensitive, the CJI said, "When you claim privilege, we have to decide that claim. We need to put an end to this sealed cover procedure which is being followed in the Supreme Court because then the High Courts will also start following. And this is fundamentally contrary to basic process of fair justice”. The AG then the read out the whole matter infront of the court.
On March 16, 2022, the Supreme Court upheld the OROP scheme and directed the Centre to pay the arrears within three months. The deadline was later extended by another three months in September 2022. In January 2023, the deadline was extended to March 15, 2023. Later, the Defence Ministry issued a circular unilaterally extending the deadline in the teeth of the Court order. The Supreme Court took great exception to the Defence Ministry's action and warned that the Defence Secretary would be hauled up for contempt.
