NEW DELHI: 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 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.
They also sought quashing of the 2020 OM issued by the respondents to the extent that it does not grant benefit of the old pension scheme to the personnel who have been appointed pursuant to notifications or advertisements of January 1, 2004.
Advocate Ankur Chibber, representing the petitioners, submitted the Special Selection Board (CPOs-2002) had in June 2002 issued an advertisement inviting applications from eligible candidates for filing up the Group 'A' post of Assistant Commandants in the BSF, CRPF, ITBP and SSB.
As per the advertisement, the last date for applying for the examination was June 30, 2002 and the final result was declared in July, 2004.
The petitioners were offered appointment to the post of Assistant Commandant during the period October, 2004 till 2005.
In the interregnum, vide a December 22, 2013 notification, New Contributory Pension Scheme (NPS) was implemented with effect from January 1, 2004.
However, the scheme was not applicable to armed forces, as the forces shall be governed by the already existing OPS, the counsel said.
On discovering that the NPS was less beneficial to them than the OPS, a few personnel whose selection process had started prior to January 1, 2004 but had received appointment letters thereafter, preferred the writ petitions before the high court.
Central government's standing counsel Harish Vaidyanathan Shankar submitted the petitioners have joined the respective forces during 2004 and 2005 and the Ministry of Finance, through the December 2003 notification, implemented NPS for new entrants to central government service, except for the armed forces, thereby replacing the OPS.
Since the petitioners joined service after the 2003 notification came into force, they were not entitled to OPS under the CCS (Pension) Rules, 1972, he contended.
The high court said the Ministry of Home Affairs, in its August 6, 2004 circular, has itself declared that the central forces under the administrative control of MHA are armed forces of Union and the position cannot be disputed that the armed forces shall remain excluded from coverage under the 2003 notification.
"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 NPS."
"Apparently Article 246 read with List 1 Entry 2 of the VII Schedule of Constitution of India envisages armed forces of the Union of India includes 'Naval, Military and Air Forces'; any other armed forces of the Union', so, the personnel of CAPFs deserve to get the benefit of OPS, as has been granted vide notification dated December 22, 2003," the bench said.
It added that the Supreme Court and high courts in various decisions have appreciated the role of the 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 bench said.
It said the contents of the notification and the OM clearly demonstrate that when the policy decision to implement the 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 December 22, 2003 as well as OM dated February 17, 2020 are required to be implemented in their true essence," it said.