The Delhi high court delivered a landmark judgment on Wednesday said the central armed police forces (CAPF) are a part of the armed forces of the union government and 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. The CAPFs will not be covered under the new pension scheme as provided in the notification of December 22, 2003.
A bench of Justice Suresh Kumar Kait and Justice Neena Krishna Bansal Krishna said:
“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.”
There were 82 batch petitions filed by the 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).
The batch petition filed to quash the orders denying them the benefit of the old pension scheme and also quash 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.
Advocate Ankur Chibber appearing for the petitioners, submitted that despite Supreme Court clarified that CRPF is an Armed Force of the Union of India, and Army, Air Force and Navy is covered under the scheme, petioners are being excluded.
The court in its ruling in favour of the petitioners, said that the old pension scheme shall not only be applicable in the case of petitioners but all the CAF personnel and appreciated their role in safeguarding the country.
