The Judicial Committee on OROP headed by Justice L.Narasimha Reddy, retired Chief Justice of Patna High Court has been notified today by the Ministry of Defence.
No. 12(01)/2014-D(Pen/Pol)-Part-II
Ministry of Defence
(Department of Ex-Servicemen Welfare)
NOTIFICATION
New Delhi, 14th December, 2015
Whereas the Central Government has decided to implement One Rank One Pension (CROP) for the Ex-Servicemen for payment of uniform pension to the armed forces personnel retiring in the same rank with the same length of service, regardless of their date of retirement, which implies that bridging the gap between the rate of pension of current and past pensioners at periodic intervals.
Whereas it is necessary to implement the same in an equitable manner keeping in view the existing pension structure, the conditions of service, the reasons for varying pensions in case of service personnel of the same rank with the same length of qualifying service retiring at different points of time as well as the principle of CROP decided by the Government vide Govt. of India letter No.12(1)/2014/D(Pen/Pol)/Part-II dated 7.11.2015.
Now, therefore, the Central Government hereby appoints a Judicial Committee headed by Justice L.Narasimha Reddy, retired Chief Justice of Patna High Court.
2. The Terms of Reference for the Committee shall be:
To examine and make recommendations on references received from the Central Government on the following matters:
i. Measures for the removal of anomalies that may arise in implementation of the OROP Letter No.12(1)/2014/D(Pen/Pol)/Part-II dated 7.11.2015.
ii. Measures for the removal of anomalies that may arise out of inter-service issues of the three forces due to implementation of OROP order ibid.
iii. Implications on service matters
iv. Any other matter referred by the Central Government on implementation of the OROP or related issues.
In making its recommendations, the Committee shall take into account the financial impact of its recommendations.
3. The Committee shall make its recommendations within six months of the date of its constitution. It may, if necessary, make interim reports on any of the matters mentioned in Paragraph 2 above.
4. The Committee will devise its own procedure and may call for such information and take such evidence, as may be considered necessary. Ministries and Departments of Government of India shall furnish such information and documents and other assistance, as may be required by the Committee.
5. The Committee will have its Headquarters in Delhi. All administrative support will be provided by Department of Ex-Servicemen Welfare, Ministry of Defence.
(K.Damayanthi)
Joint Secretary to the Govt. of India
Source: http://www.desw.gov.in/sites/upload_files/desw/files/pdf/Judicial-Commitee-on-OROP.pdf
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COMMENTS
The OROP is an intractable issue and cannot be implemented without detailed studies. All pre -2006 veterans want parity with post 2006 veterans stating that the basic pension of post 2006 veterans is more than the pre-2006 veterans. But the reality on ground is that the pre-2006 veterans draw more residual pension (monthly carry home pension) than the post-2006 veterans. All veterans including those who retired pre-maturely can be classified into three categories: – (1) All veterans (pre & post 2006 era) who commuted pension as per govt. orders (2) All veterans who did not commute pension as per govt. orders (3) All veterans who had commuted pension partially. If one carries out a study of these three categories of veterans, one would come to the following conclusions:-
(a) Veterans who had availed pension commutation. The present residual pension of pre-2006 veterans is more than the post 2006 veterans. Besides, the pre 2006 veterans enjoyed greater opportunity cost than the later because the market price went up considerably after implementation of 6 CPC benefits. Since pre-2006 veterans are already drawing more residual pension there is no need for immediate hike of pension. The basic pension of pre-2006 veterans need be raised only when the post 2006 veterans starts drawing more residual pension than the former. A large percentage (more than 99%) of veterans comes in this category.
(b)Veterans who had not availed commutation of pension. The percentage of this category is negligible. If you compare the monthly pension, it can be seen that pre-2006 veterans are presently getting less pension than the post 2006 veterans. In fact this is the category which really needs OROP at present and to be given parity immediately.
(c) Veterans who had partially commuted pension. In this category also the pre-2006 veterans are likely to draw more residual pension than the post 2006 veterans. When the govt. permits one to avail full commutation of pension at the time of retirement, one should have availed the full facility and enjoyed the opportunity cost.
Since the commutation of pension is refundable with interest to govt. it is, therefore, futile to discuss on the issue of commutation amount one got it at the time of retirement. Therefore, it is of paramount important to stress upon the residual pension rather than the basic pension. I personally feel that since commutation value is refundable all veterans whether pre or post 2006 era must get same amount of monthly pension.