NEW DELHI: The Delhi High Court has ruled that personnel of the Central Armed Police Forces (CAPFs) be considered armed forces and be governed by the old pension scheme. The ruling came in the case of Srinivas Sharma vs Union of India and the order is significant because the Central government has not been recognising CAPFs as armed forces.
“The court held that the CAPFs are 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,” said advocate Ankur Chhibber, who represented the petitioners.
The National Pension Scheme (NPS) replaced the old system on January 1, 2004 and became applicable to all new entrants to central government services except the Army, Navy and Air Force. With the Delhi HC ruling, CAPF will also be governed by the old system.
Under NPS, government employees have to contribute 10% of their salary (basic pay plus dearness allowance) with the government contributing another 14%. However, under the old scheme, employees need not make the contribution.
The total sanctioned strength of the CAPF, which comes under the Ministry of Home Affairs, is 11,09,511. The forces comprise BSF, Assam Rifles, CISF, CRPF, Indo Tibetan Border Police, National Security Guard (NSG) and Seema Suraksha Bal.
Ranbir Singh, general secretary, Confederation of Ex-paramilitary Martyr’s Welfare Association (CoEpMWA), said the rulig will “motivate CAPF personnel who serve in tough terrains and conditions.”