Delhi HC directs Centre to give benefit of old pension scheme to all Police Forces personnel – Know Details

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.

The court further directed the Centre to issue necessary orders within 8 weeks for the same.

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The court pointed out that the notification dated 22.12.2003 for New Contributory Pension Scheme (NPS) categorically mentioned that ‘the system would be mandatory for all new recruits to the central Government service from 1st of January 2004 (except the armed forces in the first stage)’.

The petitioners in the case were appointed after January 1, 2004, who contended that on December 22, 2003, the Centre issued a notification for implementation of the new pension scheme with effect from January 1, 2004. They claimed that the benefits of the OPS was extended to only those personnel whose recruitment process was completed by December 31, 2003 but joined the force after January 1, 2004.

They claimed to have applied in 2002-03 and 2003-04 for various posts in the paramilitary forces like Indo Tibetan Border Police, Central Reserve Police Force etc.

“However, given that this benefit was not extended to the personnel of the armed forces, a quite many of them took the plea that since their recruitment/ selection process commenced prior to Notification dated 22.12.2003, they shall be covered under the OPS, though the respondents have treated them as a member of NPS,” the court’s decision notes.

The petitioners claimed that they made several representations on this issue before the competent authority of their respective Force, however, their prayer for grant of benefit of OPS was turned down.

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