Citizen Support for grant of One Rank One Pension (OROP) to the Armed Forces Personnel

Presentation toThe Committee on Petitions of the Rajya Sabha on OROP

Under the Chairmanship of Shri Bhagat Singh KoshiyariHonorable Member, Rajya Sabha

By Shri K Sanjay Prabhu & Anand Vijayender and

Rohit Nair, Bangalore04 May 2011, Committee Hall, Parliament Annexe

New Delhi

One Rank One Pension

“The nation that forgets its defenders will itself be forgotten” -Calvin Coolidge, Former President of United States of America

What is Pension?

The Supreme Court in 1983 { D.S.Nakra and others Vs UOI. (AIR 1983, SC 130)} has said :

"Pension is not a bounty nor a matter of grace depending upon the sweet will of the employer. It is not an ex-gratia payment, but a payment for past services rendered. It is a social welfare measure, rendering socio-economic justice to those who in the hey days of their life, ceaselessly toiled for their employers on an assurance that in their old age, they would not be left in the lurch."

• Going by pension being 'a payment for past services rendered', logic demands that 'equal service' must get 'equal payment'.

• The 'equal service' in military parlance has two parameters - the quantity, in the form of total years in uniform, and the quality, implying the level of responsibility or the rank held.

• In other words, 'Equal service' and 'equal rank' should get 'equal pension’ - which is today referred as OROP.

Supreme Court Judgment 2009

The Supreme Court Judgment of 09 Sep 2009 in the case of Union of India & Maj. Gen. Vains & Others ruled :(i) No Defence Personnel Senior in rank can get lesser

pension than his junior irrespective of the date of retirement

(ii) Similarly placed Officers of the same rank are to be given the same pension irrespective of the date of retirement

Both these rulings stand unenforced even today

What is One Rank One Pension

One Rank One Pension (OROP)implies that the pension entitled to the military personnel should be same for the personnel in the same rank with the same length of service, irrespective of the date of retirement.

OROP-What’s in it for the Indian Soldier?

In the pre-partition era, joining the Armed Forces was considered an elite profession; Today, 63 years post Independence - let alone the elite, joining Armed Forces by itself is considered the last resort – Why?

• The definite edge that was given to the Armed Forces in their pay and perks has been systematically eroded with the result that now the Armed Forces for almost everything are worse off than their counter parts in the civil services.

• During pre-Independence, Indian Officers had a distinct edge over their civilian counterparts for pay and pension. This edge was maintained till 1953. After that, however, the advantage was gradually eliminated over a period of time.

• Now in many cases the civilians enjoy an edge over the Armed Forces. • This does not happen in any other country except in India.

As a resultIndian Armed Forces - An unattractive career for youth

How other countries treat their soldiers

How other countries treat their soldiers

• The US President misses no possible opportunity to repeatedly convey gratitude to the nation’s Servicemen for defending the country’s freedom and for making sacrifices in its cause. Since assuming office, Obama has made it a point to review the passing-out parades at every Service academy. He has used each occasion to make important national policy statements while addressing the Cadets and Midshipmen; such is the regard and respect that the USA holds its Servicemen in.

How do we treat soldiers in India?

• In every civilized country, soldiers are treated as something special and given far more attractive pay and perks than the civilians to draw in the best talents for preserving the sovereignty and independence of their Nation. In our country, the most civilised of the civilised Nation, things are however different.

• A Soldier is sent out of service at a time when his liabilities are the highest and his income cut down to less than half. Some of these soldiers earlier did get an alternate employment.

• Besides performing their normal assigned duties of defending the Nation against external threats, the Armed Forces are frequently deployed to meet the calamitous situations so deftly created by the Bureaucrats all over the country. When however the question of giving them their rightful dues arises the entire effort is converted into an exercise for finding out ways and means of denying the Armed forces their rightful dues and also taking away the already granted privileges.

• We are now presenting the one single most important problem of OROP to this elite Committee set up by Rajya Sabha with the hope that the Armed Forces would get Justice with the solution of OROP.

• Independent India is yet to have a Memorial for the brave Martyrs of the Armed forces- which shows that the Government is not doing enough to respect the sacrifices made by our Armed forces.

Support for One Rank One Pension

Support for OROP…

– Shri VP Singh - After promising grant of OROP, he was led into giving an Ad Hoc One Time Increase which was totally inadequate and therefore rejected by the ex-servicemen. Soon after, his Govt fell and it was back to square one.

– I.K Gujral- The 5th Pay commission accepted the concept of OROP and offered it to only 4 ranks in the armed forces. It was not agreed by the Ex Servicemen and they approached the PM; unfortunately, the government did not last long enough to help the Ex-servicemen with OROP.

– Standing Committee on Defence - Considered as mini Parliament – It agreed with the Ex-servicemen and strongly recommended implementation of OROP. However , the bureaucrats rejected it

– Group of Ministers- The Govt, left with no option but to give a serious thought to this problem, appointed a Group of Ministers in May 2005.This GOM made far reaching recommendation on 25 Jan 2006, by bringing pre 1996 pensioners at par with the Fifth CPC full rates and thus set a precedence for giving full rates of the CPC to Armed Forces while the civilians remained at the minimum rates, in other words Modified Parity.

Reactions and Actions

The Congress election manifesto for the last Lok Sabha elections had said, 'The long-pending issue of one-rank, one-pension will once again be re-examined and the satisfactory solution arrived at expeditiously'.

An important document like the manifesto is prepared after due deliberation on all 'difficulties' involved in implementing it.

Why the Armed Forces deserve One Rank One Pension•

Moral Considerations

(a) Soldiers cannot serve up to the age of 60 years, where as their civilian counterparts can. This has to be done to keep a young profile of the Armed Forces.

(b) A Soldier retires around the age of 35 years. The effect of inflation on their pensions over a long period is disastrous. Further the monetary losses due to early retirement are colossal. After he retires at the age of 35 years he loses the opportunity to earn salary amount for 25 years and gets pension which also is cut down to less than half on account of thirty three years service conditionality.

(c) For the Sacrifices they make for the Nation, they deserve to get better deals for pay and pensions.

(d) At a time when companies and corporates walk away with doles, concessions and payouts in a blink, our nation is reducing the brave to begging for a fair deal.

(e) This sends a dangerous signal to our country that there are two sets of standards which suggests that the armed forces veterans are secondary to political expediency and politics.

(f) Prolonged periods of stay in inhospitable areas away from their families. Add to this the problem of frequent moves from one station to another and you have a true picture about he troubles a soldier has to face in performance of his duties and head of his family.

Why the Armed Forces deserve One Rank One Pension

Moral Considerations

(g) In order to address the sense of hurt, injustice and dishonour in the Armed Forces and bring parity in the pensionary benefits for the retired personnel of Armed Forces.

(h) Every Armed Forces personnel was entitled for One Rank One Pension which took care of his needs and it was based on principle of reward for his sacrifices.

(i) The just demand of honour and justice of the ex-servicemen has the support of almost all the political parties of the nation and this has been included in the Election Manifesto of some of our National Political parties which reflects the political will.

Unjustified Objections

Citizens’ Demand for OROP

• The concept of ‘OROP’ as practiced in the Seventies must be made applicable as a permanent measure for the Military Personnel as ‘Military Pension’.

• The pension of the Chiefs referred to as the Reference Pension in this paper must have a distinct edge over the pension of the topmost Civilian employee.

• The pension of a soldier (meaning all military personnel of the three wings of the Armed Forces of every rank) should not be compared to that of any Civilian Employee, as the job content, the work environment, the dedication and the sacrifices of a soldier have been and are far more demanding than those of the Civilian Employee.

• The pension of the soldiers of the rank Jawan to Subedar Major needs radical change, as the British Government treated them very badly, which treatment has continued since then by the Government of India.

Kautilya, the great political strategist, wrote to Chandragupta Maurya centuries ago :

“The day a soldier has to demand his dues will be a sad day for Magadha. From then on that day you have lost all moral sanctions to be King”

Thank You