Summary
Department of Posts employees deputed to the Army Postal Service claimed One Rank One Pension on the strength of their military ranks and service. The Court held that they retained their civilian lien and civil service-pension status. The OROP policy for defence pensioners did not extend to them, and the Tribunal’s grant was set aside.
Issues
- Whether postal employees holding temporary commissions while on deputation to APS qualified for OROP.
- Whether military pay, ranks or ex-serviceman status under recruitment rules altered their civil pension entitlement.
Held
- The governing Army Instructions preserved civil rules for service pension despite the option to draw military pay and specified benefits concerning disability or family pension. The postal employees retained their lien and could revert or be recalled to their parent department. (¶¶ 11, 12, 13, 14, 15, 16, 17, 18, 19)
- The OROP circulars covered defence pensioners, not civilian pensioners paid by the Department of Posts. Drawing higher pay or pension and holding an Army rank during deputation did not bring the respondents within that scheme. (¶¶ 15, 19, 20, 21)
- The expanded definition of ex-servicemen in the 1979 re-employment rules served civil recruitment reservations; it could not be imported into the separate OROP policy. Courts interpret the existing policy rather than enlarge its coverage. (¶¶ 22, 23)
- Retirement at the civilian superannuation age further supported their continuing civil status. Persons in the position of the respondent and intervenors deputed from the Department of Posts were not entitled to OROP. (¶¶ 25, 26)
Result
Union’s appeal allowed. The Tribunal’s order granting OROP was set aside; the respondent and similarly placed intervenors were held ineligible for that benefit.