Keywords: Supreme Court, Delhi High Court, old pension scheme, paramilitary forces, Office Memorandum, Department of Pension and Pensioners’ Welfare, New Contributory Pension Scheme, NPS, CCS (Pension) Rules, 1972, Armed Forces, CAPFs.
The Apex Court has put a hold on the Delhi High Court’s ruling that the old pension scheme is applicable to paramilitary forces. However, the bench consisting of Justices Sanjiv Khanna and Bela Trivedi clarified that the petitioners must comply with the Office Memorandum issued by the Department of Pension and Pensioners’ Welfare, Ministry of Personnel, Public Grievances and Pensions. However, the implementation of the disputed judgement has not been stayed.
The respondents, who were previously the petitioners, are employees from various forces such as CRPF, BSF, SSB, CISF, etc. They approached the High Court seeking to invalidate the Office Memorandum that denied them the benefits of the Old Pension Scheme under the CCS (Pension) Rules, 1972. The petitioners were appointed as Assistant Commandants between October 2004 and 2005. A New Contributory Pension Scheme was introduced on 22.12.2003, which did not apply to the Armed Forces, as they were already covered by the existing OPS.
The petitioners cited several cases to argue that if an advertisement was issued before 01.01.2004 but the successful candidates were given appointed under the New Pension Scheme due to administrative delay by the respondents, then all such candidates should be entitled to the benefits of the OPS.
He also relied on a case to assert that if a relief is granted to a group of employees, it should be extended to all other individuals in similar circumstances.
The petitioner further argued, the respondents have failed to include the petitioners under the Old Pension Scheme as it has been done for the Army, Air Force, and Navy, despite a notification which recognizes the CRPF as an Armed Force of the Union.
As per the OM issued by the Department of Pension and Pensioner’s Welfare, candidates whose final recruitment results were declared before 01.01.2004 against vacancies that occurred on or before 31.12.2003 would be eligible for the Old Pension Scheme under the CCS (Pension) Rules, 1972.
The respondents argued that since the petitioners joined the services after the aforementioned notification came into effect, they were not entitled to the benefits of the OPS.
They further contended that according to Section 3 of the CRPF Act, 1949, the CRPF is considered an Armed Force of the Union of India, and the notification specifically referred to “ARMED Forces”, namely the Army, Navy, and Air Force and not the entire armed forces of the Union.
They relied on a case where the petitioners were denied the benefit of the OPS.
A circular issued by the Ministry of Home Affairs in 2004 clearly stated that the Central Forces under their administrative control are considered armed forces of the Union. The court also noted that according to the Constitution of India, the Armed Forces of the Union of India include “Naval, Military and Air Forces as well as any other armed forces of the Union.” Therefore, personnel belonging to the CAPFs deserve to receive the benefits of the Old Pension Scheme, as granted through the Notification dated 22.12.2003.
References:
- Live Law, https://www.livelaw.in/top-stories/supreme-court-stay-delhi-high-court-judgment-old-pension-scheme-para-military-forces-232223, accessed 8 July, 2023.
By: Saatvik, BBA LL.B. (Hons.). upcoming law student at Vivekananda Institute of Professional Studies, GGSIPU, Delhi, an intern under Legal Vidhiya.
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