Koshyari Committee Report On Grant Of One Rank One Pension

‘One Rank One Pension’ more widely known by its acronym OROP, until 1973, was the basis for deciding pension of Indian Armed Forces Personnel. In 1973, in the wake of Third Central Pay Commission (3CPC), when Indira Gandhi was Prime Minister, and Jagjivan Ram was Defense Minister, the Indian National Congress Government, "took ex-parte decision against the One Rank One Pension formula". One Rank One Pension (OROP) since then has become a contentious issue. Especially since 2006, the delay in restoring OROP has become a cause of disquiet in the Armed Forces, and has provoked unprecedented public protests and demonstrations, including surrender of war medals, by Armed Forces veterans.

In 2010-11, Petitions Committee of the Upper House of Parliament, Rajya Sabha, in response to a petition, and the growing unease in the Armed Forces, examined the issue of grant of OROP to Armed Forces Personnel. The Parliamentary Committee, known as the Koshyari Committee after its Chairman, found that "there is merit in the demand for One Rank One Pension by Armed Forces Personnel" and strongly recommended that, "Government should implement OROP in the defence forces across the board at the earliest and further that for future, the pay, allowances, pension, family pension, etc. in respect of the defence personnel should be determined by a separate commission so that their peculiar terms" are properly taken into account.

Despite the commitment by Manmohan Singh, the Prime Minister in the UPA Government and many commitments by the Bharatiya Janata Party (BJP) Government, including by Manohar Parrikar, the Defence Minister, and Narendra Modi, the Prime Minister, to implement OROP, it remains unimplemented. The delay in the implementation of the OROP has provoked a fresh round of protest by Indian Veteran organizations.

Composition of the Koshyari Committee

The Parliamentary Committee on Petitions on Grant of OROP, named after its Chairman, Bhagat Singh Koshyari, a veteran Bharatiya Janata Party (BJP) Member of Parliament (MP), consisted of ten Members of Parliament drawn from all the major political parities in parliament. The committee members were: Bhagat Singh Koshyari Chairman, Ram Vilas Paswan, Nandi Yellaiah(INC), Rajeev Shukla, Avinash Pande(INC), Balavant Apte (BJP), P. Rajeev (CPM), Veer Pal Singh Yadav (Samajwadi Party), Paul Manoj Pandian(Anna DMK), and Rajaram. The Committee submitted its report on 19 December 2011.

Concept of One Rank One Pension

"One Rank One Pension (OROP" according to The Koshyari Committee Report, and the deposition by Secretary (ESW), Ministry of Defence, before the Committee, "implies that uniform pension be paid to the Armed Forces Personnel retiring in the same rank with the same length of service irrespective of their date of retirement and any future enhancement in the rates of pension to be automatically passed on to the past pensioners."

The concept includes "bridging the gap between the rate of pension of the current pensioners and the past pensioners, and also future enhancements in the rate of pension to be automatically passed on to the past pensioners. In armed forces, equality in service has two components, namely, rank and length of service. The importance of rank is inherent in armed forces as it has been granted by the President of India and signifies command, control and responsibility in consonance with ethos of service. These ranks are even allowed to be retained by the individual concerned after his/her retirement. Hence, two armed personnel in the same rank and equal length of service should get same pension irrespective of date of retirement and any future enhancement in rates of pension be automatically passed on to the past pensioners."

The definition of OROP by Koshyari Committee is in sync with definition of OROP by Ex-service organisation ["implies the grant of equal pension to soldiers of a particular rank, who have rendered the same length of service, irrespective of the date of their retirement."], and has gained wide acceptance including by the formed UPA Government. Narendra Modi, the PM, gave an impression in a recent interview that his BJP government is not in agreement with the Koshyari Committee definition of OROP, which has prompted widespread dismay among Armed Forces pensioners.

Evidence and Witnesses

In addition to the petition by K.Sanjay Prabhu and Rajeev Chandrasekhar, Member of the Rajya Sabha, the Committee took into account the growing disquiet in the Armed Forces, unprecedented nationwide demonstrations by veteran, and considerable body of written and oral evidence, in formulating its findings and recommendations. It interacted with members of the armed Forces, veterans and veteran organisations, received over 200 "memoranda" and "written comments" from concerned Ministries, and heard oral deposition by officials and non-official.

Government Submission Opposing OROP

Ministry of Defence (MOD), under AK Antony, Ministry of Finance (MOF) under Pranab Mukherjee, and Ministry of Personnel, under Manmohan Singh, the PM, in their written and oral submissions opposed grant of OROP to the armed Forces. Secretary, Ministry of Defence (Department Ex-servicemen Welfare), Secretary, Department of Expenditure (Ministry of Finance) and Secretary, Department of Pensions and Pensioner's Welfare (Ministry of Personnel, Public Grievances and Pensions) on behalf of their respective ministries deposed before the Committee.

Neelam Nath, Secretary, Department Ex-servicemen Welfare (June 1, 2009 to September 30, 2011), who deposed on two separate dates, citing financial, administrative and legal reasons opposed grant of OROP.Secretary Department of Pensions and Pensioner's Welfare (Ministry of Personnel, Public Grievances and Pensions) who deposed on (15'h July, 2011), taking cue from the Department of Ex Servicemen, opposed the OROP, saying that if OROP is accepted for the Armed Forces, then there will be similar demands from the civilian pensioners, and that Pay Commissions have not supported OROP"

Panel's Salient Findings

1. One Rank One Pension is an old issue, it was in ‘vogue till 1973 when the Third Central Pay Commission took ex-parte decision against the One Rank One Pension formula".
2. Since 1973, OROP has been considered by the Government in Third Central Pay Commission, in 1973, Fourth Central Pay Commission, in 1986, Fifth Central Pay Commission, in 1996, Sixth Central Pay Commission considered, in 2006. The committee found that in addition to Pay Commissions, OROP has been considered by the Sharad Pawar Committee, in 1991; Inter-Ministerial Committee, in 2003; Group of Ministers, in 2005 and Cabinet Secretary Committee. The Committee concluded that the repeated consideration by the Government of OROP "indicate that there is merit in the demand for One Rank One Pension by Armed Forces Personnel, otherwise the matter would not have been considered time and again by various committees of the Government and Central Pay Commissions. It could have been rejected once and for all and principle of res judicata would have been applied to this demand. Hence, it definitely deserves attention of the Parliamentary Committee as well as the Government."
3. The Committee on Defence (2009–10) (Fifteenth Lok Sabha) in its Seventh Report recommended that the Government should "implement One Rank One Pension in a holistic manner so that large number of ex-servicemen can be benefited"
4. Commenting was not persuaded by the Government attempt to paint a "rosy picture about the pension given to the Armed Forces Personnel". The Committee thought it was misleading and observed "If this is beneficial to them than why are the ex-servicemen are consistently demanding for One Rank One Pension Formula? Why they are agitated? They serve the nation with utmost devotion and selflessness but their demands are consistently being ignored, not by the heads of Armed Forces, but by the bureaucrats. It's a typical example of bureaucratic apathy."
5. The Committee dismissed government 'apathy' and excuse for failing to implement OROP because civilian Government employee would make similar demands as "baseless apprehension". It noted that military and civilian terms & conditions of service are not comparable and ‘cannot be equated’: military conditions are ‘tougher and harsher’, there is greater risk to life and limb, stress and strain, transfers and dislocation, adverse family life, bleak career prospects, ‘undefined and unlimited working hours’, and the "Armed Forces are also subjected to Court Martial system".
6. The Committee blamed "Governments' apathetic attitude" to implementing OROP for forcing 'defence personnel of our country' from returning their service medals to the President of India.

Time Line

1973 Ministry of Defence terminates ‘One Rank One Pension’ the basis for deciding pension of Indian Armed Forces Personnel which had been in vogue for 26 years since independence’ through an ex-parte administrative order. Veterans and service headquarters are dismayed. OROP becomes a contentious issue. By 1985, armed Forces has fourteen different categories of pensioners. Armed Forces pensions before 1973 because of early retirement, conditions of military service were about 70 percent of the pay of rank at which they retired. In 1973, the pension of civilian government servant was increased from 33 percent to 50 percent, and that of armed forces personnel, who have far shorter careers and more challenging service conditions, was decreased from 70 percent to 50 percent of last pay drawn.

1986 OROP, is considered by 4th CPC, but without an outcome.

1991 During the tenure of PM Chandra Shekhar (1990-1991), OROP is considered by Sharad Pawar committee (1990-1991). In 1992, Government grants a 'one time increase', instead of OROP.

1996 The Government approves 5 CPC recommendation of full parity between pre and post 1/1/1986 pensioners and a modified parity between pre and post 1/1/1996 to all pensioners including Armed Forces pensioners, but ignores OROP. Government decision to accept 5 CPC depress military pensions, including that of General Officers who, in an precedent action, file a lawsuit against the Government. After protracted litigation, strongly contested by the UPA Government, the Supreme Court of India rules in favour of the litigants.

23 November 2002 Sonia Gandhi, Chairman UPA, in run-up to elections, at a public rally, in the Sector 46 sports complex at Chandigarh, declares that she and her party support grant of OROP. OROP is included in the Party's election Manifesto.

2006 6th CPC while acknowledging that ‘One Rank One Pension has been demanded for all ex- servicemen’ recommends that "extant provisions may continue". The casual dismissal of the military pensioners plea for grant of OROP by the Government provokes widespread dismay amongst ex-servicemen. Ex-servicemen take to the streets, and threaten hunger strikes. A retired general, notes that "The Sixth Pay Commission has done inestimable damage to civil-military relations", and expressing the general mood, says, "The protest rallies are actually a manifestation of the seething anger which many veterans carry as baggage accumulated during service. We all seem to have very bitter memories of the shoddy treatment meted out to us by civil servants.

16 December 2008 Ex-servicemen begin a relay fast at Jantar Mantar. The peaceful protest largely ignored by the government. Veteran decide to surrender of their war medals, including medals for gallantry.

8 February 2009 Retired Officers and men from the three services march to the Rastrapati Bhavan to surrender their medals to the President, the Supreme Commander of the armed forces. Pratibha Patil, President, refuses to meet with the Ex-servicemen (ESM). The medals are collected by member of staff. The "studied disrespect" by the President fuel grievance.

29 October 2010 K. Sanjay Prabhu, a resident of Bengaluru, submits petition to Rajyasabha Committee On Petitions for grant of one rank one pension to the armed forces personnel. The petition is countersigned by Rajeev Chandrasekhar, M.P. (Rajya Sabha).

15 March 2011 Rajya Sabha Chairman, admits petition by K. Sanjay Prabhu and Rajeev Chandrasekhar for grant of one rank one pension to the armed forces. On 18 March 2011, the petition "stands referred" to the Committee on Petitions for examination and report in terms of Rule 150.

4 May 2011 The all party 10-member Committee commences hearing of Petitioners' oral submission. The petitioners state that ex-servicemen have been getting lower pension than their younger counterparts in the same rank, particularly after implementation of Third Central Pay Commission Report. "The petitioners made a power-point presentation inter alia covering various Supreme Court judgements on the issue, comparison of pay and pension scheme for armed forces in countries like the USA, UK and Singapore, justification for the prayer for one rank and one pension, etc. The petitioners also submitted that the prayer for grant of one rank one pension has been opposed by the Government mainly on financial, legal and administrative grounds which could be resolved with the intervention of the Committee. The petitioners prayed to the Council of States for one rank one pension for ex-servicemen irrespective of their date of retirement".

27 May 2011 Neelam Nath (June 1, 2009 to September 30, 2011), the Secretary to the Ministry of Defence (Department Ex-servicemen Welfare), deposed before the Committee. Neelam Nath, opposes grant of OROP, citing financial, administrative and legal reasons. She informs the Committee that the financial burden, as calculated by Defence Accounts, would be ₹3,000 crores per year; she says implementation of OROP, was "a gigantic task", because defence pensioners records after 25 years do not exist. She says that according to Law Ministry, and her assessment, grant of OROP would be "discrimination under the Constitution". Secretary Department Ex-servicemen Welfare deposed a second time on 4 November 2011.

15 July 2011 Secretary, Department of Expenditure, (Ministry of Finance), in his deposition, which was continued on 1 August 2011, said, that while "figure relating to defence personnel's pension was being maintained in the Office of Controller General of Defence Accounts" the financial implication of OROP would be "around ₹8,000-₹9,000 crores per annum"

Secretary Department of Pensions and Pensioner's Welfare (Ministry of Personnel, Public Grievances and Pensions) who deposed on (15 July 2011), says that "Reports of various Pay Commissions have not supported the concept of OROP" He raised alarm that if OROP is accepted for the Armed Forces, then there will be similar demands from the civilian pensioners and others. He said Cabinet Secretary's Committee has assessed financial implication of ₹8,000-₹9,000 crores per annum tentatively.

19 December 2011 Bhagat Singh Koshyari, Chairman, Committee on Petitions, presents the report to the parliament. The report finds no merit in the arguments by the UPA Government opposing grant of OROP to Armed Forces pensioners. It finds that "there is merit in the demand for One Rank One Pension by Armed Forces Personnel" and strongly recommended that, "Government should implement OROP."

12 July 2012 Prime Minister Manmohan Singh, according to the Ministry of Defence Annual report for 2012-13, "on the persistent demand" of ESW, constitutes a Committee under Ajit Kumar Seth, the Cabinet Secretary "for looking into pay and pension related issue of relevance to defence personnel and ESM" but not specifically OROP. The Cabinet Secretary's committee consists of six other secretaries from the IAS: [1] PK Nair, the Principal Secretary to the Prime Minister; [2] Shashi Kant Sharma, Defence Secretary; [3] Secretary, Department of Ex- Servicemen's Welfare, Ministry of Defence; [4] Secretary, Department of Expenditure; [5] Secretary, Department of Personnel and Training; and [6] Secretary, Department of Revenue. There are no Armed forces personnel on the panel despite separate letters from the Chiefs of the Army, Navy and the Air Force to AK Antony, Defence Minister to include an Armed Forces representative on the panel. The Panel lacks credibility and little is expected from it. Admiral Nirmal Kumar Verma, Chief of Naval Staff & Chairman, Chiefs of the Staff Committee, makes a presentation to the Committee. The committee also meets with Air Marshal Norman Anil Kumar Browne, Chief of Air Staff and General Bikram Singh, Chief of Army Staff. The Committee submits report on 27 August 2012; its position on the OROP is no different from that of secretaries who deposed in front of Koshyari Parliamentary Panel. It evades the OROP issue.

24 September 2012 The UPA Government announces that OROP is approved, and that ₹23,00 crore has been set aside for the ‘One Rank One Pension’ scheme. However, there are no plans to implement OROP, and it remained un-implemented.

See also

• One Rank, One Pension
• Pay Commission
• Sixth Central Pay Commission

References

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