Old pension scheme applicable to all CAPF personnel, says Delhi HC
The judgment comes after a batch of 82 petitions by personnel of CRPF, SSB, BSF, CISF and ITBP seeking to quash the orders denying them the benefit of the old pension scheme
The Delhi high court on Wednesday said the central armed police forces (CAPF) are a part of the armed forces of the union government and ruled that all employees of these paramilitary forces will be entitled to avail the old pension scheme (OPS) as applicable to the army, navy and air force.
In a landmark judgment on Wednesday, a bench of justices Suresh Kait and Neena Krishna Bansal, said that Article 246 of Constitution of India envisages that armed forces of the Union of India include “Naval, Military and Air Forces; any other armed forces of the Union”, and hence the personnel of CAPFs deserve to get the benefit of old pension scheme (OPS) according to the notification of December 22, 2003 by the ministry of home affairs.
The court said held the CAPFs will not be covered under the new pension scheme as provided in the notification of December 22, 2003.
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According to this notification of December 22, 2003, the New Contributory Pension Scheme (NPS) was implemented with effect from January 1, 2004, even though it had said that the scheme will not be applicable to the armed forces, as they would be governed by the old pension scheme.
The judgment comes after a batch of 82 petitions by personnel of Central Reserve Police Force (CRPF), Sashtra Seema Bal (SSB), Border Security Force (BSF), Central Industrial Security Force (CISF) and Indo Tibetan Border Police (ITBP) seeking to quash the orders denying them the benefit of the old pension scheme.
The petitioners had also sought quashing of an Office Memorandum of February 17, 2020 to the extent it does not grant benefit of old pension scheme to the personnel who have been appointed pursuant to notifications/advertisements dated January 1, 2004.
Appearing for the petitioners, advocate Ankur Chibber had contended that despite various decisions and the fact that the Supreme Court has clarified that CRPF is an Armed Force of the Union of India, the respondents are not covering the petitioners under the OPS, as has been applied in case of Army, Air force and Navy.
Ruling in their favour, the court said that the old pension scheme shall not only be applicable in the case of petitioners but all the personnel of CAPFs at large.
The court said that the Supreme Court and the high courts across the country in various decisions have appreciated the role of armed forces in safeguarding our country.
“Having great respect for the personnel of forces, the courts as well as Government of India, have always ensured that any policy decision should not be detrimental to their interest. The contents of notification dated December 22, 2003 as well as OM dated February 17, 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 as well as office memorandum are required to be implemented in their true essence, “the court said in a 58-page judgment released on Thursday.
The court said when the MHA, vide circular of August 6, 2004 has itself declared that the central forces under its administrative control are armed forces of Union, the position cannot be disputed that Armed Forces shall be excluded from the new pension scheme.
“We find that despite the fact that “armed forces” are exception to notification dated December 22, 2003, however, without application of mind, have mentioned in the appointment letters of the candidates that the recruits shall be governed by New Pension Scheme, “the court said.