The Supreme Court stayed the judgment of the Delhi High Court, which said that the old pension scheme was applicable to the paramilitary forces
The Supreme Court has stayed the Delhi High Court’s decision that the old pension scheme will be applicable to paramilitary forces. However, a bench of Justice Sanjiv Khanna and Justice Bela Trivedi clarified that the petitioners would comply with Office Memorandum No. 57/05/2021-P&PW(B) dated 03.03.2023 issued by the Department of Pension & Pensioners’ Welfare, Ministry of Personnel, Public Grievances and Pensions, and to that extent, the operation of the impugned decision is not stayed.
The whole matter is that the petitioners (now the respondents before the Supreme Court) are employees of various forces viz. CRPF, BSF, SSB, CISF etc. who have filed a complaint against them on 17.02. .2020 had approached the High Court to quash the OM. The petitioners were offered appointment to the post of Assistant Commandants during the period from October 2004 to 2005. By notification dated 22.12.2003, the New Contributory Pension Scheme (NPS) was implemented with effect from 14.12.2003. 01.01.2004, however, the said scheme was not applicable to the Armed Forces, as the forces would be governed by the already existing OPS.
The petitioners argued that those who were appointed after the implementation of NPS due to administrative delay by the government should get the benefit of OPS. The petitioners have relied upon Naveen Kumar Jha v. UOI & Ors. (2012) SCC Online Del 5606, Inspector Rajendra Singh & Ors. v. UOI & Ors. (2017) SCC Online Del 7879 and Tanaka Ram & Ors. Vs. UOI & Ors. 92019) SCC Online Del 6962 & Reliance has been placed on series of cases like Shyam Kumar Choudhary & Ors. Vs. UOI & Ors. 2019. contends that it is a settled law that where an advertisement has been issued prior to 01.01.2004, but due to administrative delay on the part of the respondents, appointment letters have been issued after NPS to the successful candidates, then all such candidates will be entitled to OPS. benefit should be given.
He also trusted the state of UP. Vs. Arvind Kumar Srivastava & Ors. 2015 (1) SCC 347 to submit that when relief has been granted by the Court to one group of employees, they should be treated equally by giving benefits to all other similarly placed persons . The petitioners stated that the CRPF being an Armed Force of the Union, OPS should be implemented like Army, Navy and Air Force. The petitioners further stated that as per the notification dated 06.08.2004 issued by the Government of India, which states that the CRPF being the Armed Forces of the Union, the respondents are not covering the petitioners under OPS as applied in the case of Army.
Only those whose results were declared before 1.1.2004 are covered under OPS: The OM dated 17.02.2020 issued by the Department of Government Pension and Pensioners’ Welfare mentions that in cases where the final result for the recruitment is declared by 31.12. .2003 against vacancies which were declared before 01.01.2004 only those candidates under CCS (Pension) Rules, 1972 will be eligible for OPS. The respondents contended that since the petitioners joined the services after the enactment of the aforesaid notification, the petitioners were not entitled to OPS under the CCS (Pension) Rules, 1972. He further argued that as per Section 3 of the CRPF Act, 1949, the CRPF is an Armed Force of the Union of India and in the notification dated 22.12.2003, “Armed Forces” means the Army, Navy and Air Force and not the Union Entire Armed Forces. He placed reliance on Satya Dev Prajapati and others v. Delhi High Court, 2022 SCC Online Del 3911, whereby the petitioners were denied the benefit of OPS. Central forces under the administrative control of the Ministry of Home Affairs have already been declared by the Government as Armed Forces: Delhi High Court when the Ministry of Home Affairs, Government of India, vide circular dated 6 August 2004, itself declared that the Central Forces under the administrative control of the Ministry of Home Affairs If the Central Forces are Armed Forces of the Union, then the position cannot be disputed that the Armed Forces have been excluded from coverage under the notification dated 22.12.2003. The court also observed that “Article 246 read with List 1 Entry 2 of the Seventh Schedule to the Constitution of India envisages the Armed Forces of the Union of India which include “Naval, Military and Air Force”; any other Armed Forces of the Union”, therefore, CAPF personnel are eligible to get the benefit of OPS as provided vide notification dated 22.12.2003.”
