Old Pension Scheme Applicable To All Personnel Of Central Armed Police Forces: Delhi High Court

The Delhi High Court has ordered implementation of the Old Pension Scheme for all personnel of the Central Armed Police Forces (CAPF) and directed the Centre to issue necessary instructions within eight weeks.

The high court quashed a 2003 notification of the Ministry of Finance and a 2020 Office Memorandum (OM) of the Department of Pension and Pensioner's Welfare to the extent that they deny the benefit of the Old Pension Scheme (OPS) to the personnel of central paramilitary forces who were appointed pursuant to January 1, 2004 advertisements.

The petitions were filed by personnel of the Central Reserve Police Force (CRPF), Sashastra Seema Bal (SSB), Border Security Force (BSF), Central Industrial Security Force (CISF) and Indo Tibetan Border Police (ITBP).

“It is made clear that the notification dated December 22, 2003 as well as OM dated February 17, 2020 granting the benefit of OPS shall be applicable in rem (directed against a thing). Meaning thereby, OPS shall not only be applicable in the case of petitioners herein but all the personnel of CAPFs at large. Accordingly, necessary orders be issued within eight weeks,” a bench of Justices Suresh Kumar Kait and Neena Bansal Krishna said.

The judgement was pronounced on Wednesday and uploaded on HC website on Thursday.

The Court noted that the Supreme Court's decision in Akhilesh Prasad Vs. Union Territory of Mizoram, (1981) clearly shows that CRPF is a part of armed Forces.

"Also, the Ministry of Home Affairs, Government of India, vide Circular dated 6th August, 2004 clarified that the Central Forces under the administrative control of the Ministry of Home Affairs have been declared as Armed Forces of the Union," said the court, LiveLaw reported.

The high court’s 58-page judgment came on 82 petitions by employees of CRPF, SSB, BSF and CISF and ITBP seeking quashing of the orders denying them the benefit of the OPS in accordance with CCS (Pension) Rules, 1972 through different OMs and Signals issued by the respondents.

(With inputs from PTI)