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.
The New Contributory Pension Program (NPS) was established with effect on January 1, 2004, according to this announcement dated December 22, 2003, even though it had said that the scheme would not apply to the armed forces since they would be controlled by the existing pension scheme.
Additionally, the petitioners asked that an office memo from February 17, 2020 be quashed insofar as it denies employees who were hired in response to notices or advertising from January 1, 2004, benefit from the old pension system.
Ankur Chibber, an attorney for the petitioners, argued that the respondents are not covering the petitioners under the OPS, as has been done in the cases of the Army, Air Force, and Navy, despite a number of decisions and the Supreme Court’s clarification that the CRPF is an Armed Force of the Union of India.
Ankur Chibber, a lawyer for the petitioners, argued that the respondents are not covering the petitioners under the OPS, as has been done in the cases of the Army, Air Force, and Navy, despite a number of decisions and the Supreme Court’s clarification that the CRPF is an Armed Force of the Union of India.
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.