Case Note & Summary
The appeal challenged an order from the Armed Forces Tribunal which granted One Rank One Pension (OROP) to Lt. Col. Om Dutt Sharma (Retd.) and his legal heirs. The deceased respondent had served in the Army Postal Service (APS) and claimed OROP based on his military rank. The court noted that the respondents were non-gazetted officers in the Department of Posts and were on deputation to the APS. The deceased respondent relinquished his commission in the Army in 1984 and retired in 1985, while the intervenors claimed similar benefits. The appellants argued that the respondents were governed by civil pension rules and not entitled to OROP, as their pensions were higher than their counterparts in the Department of Posts. The court analyzed various Army Instructions and concluded that the respondents, despite their military ranks, retained their lien in the Department of Posts and were entitled only to civil pensions. The court emphasized that the OROP benefit was applicable only to those drawing pensions from Defence establishments. Ultimately, the court dismissed the appeal, setting aside the Tribunal's order and ruling that the respondents were not entitled to OROP.
Headnote
A) Pension Law - One Rank One Pension - Eligibility of Army Postal Service personnel - Government of India, Circular dated 7th November, 2015 - The court held that personnel of the Army Postal Service, despite holding military ranks, are governed by civil pension rules and are not entitled to One Rank One Pension as they do not draw pension from Defence establishments (Paras 26-26).
Issue of Consideration
Whether the respondents, who served in the Army Postal Service, are entitled to the benefit of One Rank One Pension.
Final Decision
The Supreme Court dismissed the appeal, holding that the respondents are not entitled to One Rank One Pension as they are governed by civil pension rules and do not draw pensions from Defence establishments.
Law Points
- One Rank One Pension
- Armed Forces Tribunal
- pension eligibility
- civil service rules
- military service pay
