Old Pension Scheme to be applicable to all CAPF personnel: Delhi HC directs Centre to issue orders within 8 weeks
The division bench stated that the Supreme Court and the High Courts have praised the role of the armed forces in protecting our country in various decisions. With a high regard for military personnel, India's courts and government have always ensured that no policy decision jeopardizes their interests, it said.
;Quashing the government orders and the office memorandums (OM) that denied paramilitary personnel the benefits of OPS, the Delhi High Court on Wednesday ruled that the Central Armed Police Forces (CAPF) or paramilitary forces are the Union's armed forces and, are entitled to the benefits of the Old Pension Scheme (OPS) as given to the Indian Army, Navy, and Air Force.
While hearing a batch of 82 petitions seeking the quashing of orders denying the benefit of OPS to personnel of the CRPF, BSF, CISF, and ITBP, a division bench of Justice Suresh Kumar Kait and Justice Neend Bansal Krishna ordered,
“The Notification dated 22.12.2003, whereby New Contributory Pension Scheme (NPS) has been executed w.e.f. 01.01.2004, upon the personnel of the paramilitary Forces i.e. Central Reserve Police Force (CRPF), Sashtra Seema Bal (SSB), Border Security Force (BSF), and Central Industrial Security Force (CISF) Indo Tibetan Border Police (ITBP) (CAPFs), etc. Consequentially, the impugned Office Memorandums, Signals, and Orders, to the extent it denied the benefit of Old Pension Scheme (OPS) to the petitioners and similarly situated personnel of the armed forces, are hereby quashed.”
“Meaning thereby, Old Pension Scheme shall not only be applicable in the case of petitioners herein but all the personnel of CAPFs at large. Accordingly, necessary orders are to be issued within eight weeks”, the court added.
According to the said Office Memorandum, only those candidates will be eligible for OPS whose final result for recruitment was declared before January 1, 2004, against vacancies occurring on or before December 31, 2003.
During October 2004 and 2005, the petitioners were offered positions as Assistant Commandant under the New Contributory Pension Scheme (NPS) which was implemented with effect from January 1, 2004, via Notification dated December 22, 2003; however, the said scheme did not apply to the Armed Forces, as the Forces were governed by the existing OPS. It was further stated that OM dated February 17, 2020, specifically stated that the NPS will apply to Central Government employees," except armed forces."
On Contrary the Standing Counsel for the respondents contended that CRPF is an Armed Force of the Union of India under Section 3 of the CRPF Act, 1949, and the Notification dated December 22, 2003, the term "Armed Forces" refers to the Army, Navy, and Air Force, not the entire armed forces of the Union. He argued that NDP does not apply to the members of the CRPF.
The court noted that the Government of India has itself declared that the Central Forces under the administrative control of the Ministry of Home Affairs are armed Forces of the Union, the position cannot be disputed that the Armed Forces shall remain excluded from coverage under Notification dated 22.12.2003.
“The CAPFs is an Armed Force of the Union as prescribed within Article 246 Schedule 7 of the Constitution of India and hence are not covered under the New Pension Scheme as provided in the notification dated 22 December 2003 and thus all employees of CAPFs to be governed by the Old Pension Scheme”, the court held.
The court stated that in various decisions the Supreme Court and the High Courts have praised the role of the armed forces in protecting our country. With high regard for military personnel, the courts and the government of India have always ensured that any policy decision does not jeopardize their interests.
“The contents of Notification dated 22.12.2003 as well as OM dated 17.02.2020 clearly demonstrate that when policy decision to implement NPS was taken, the armed Forces of the country were kept out of its domain. Accordingly, we are of the considered opinion that the Notification dated 22.12.2003 as well as OM dated 17.02.2020 are required to be implemented in their true essence”, the court opined.
Accordingly, taking note of the observations, the court quashed the government notification as well as the OM which created a bar on the respondents to not implement the December 22, 2003 notification. Thus, disposed of the petition.
Case Title: Pawan Kumar and Ors. (connected batch of petitions)