Supreme Court Stays Delhi HC Judgment Holding That Old Pension Scheme Is Applicable To Paramilitary Forces

The Supreme Court has stayed the Delhi High Court judgment which held that Old Pension scheme would be applicable to Para military forces. However, the bench comprising Justices Sanjiv Khanna and Bela Trivedi clarified that the petitioners shall abide by the Office Memorandum no. 57/05/2021-P&PW(B) dated 03.03.2023 issued by the Department of Pension and Pensioners’ Welfare, Ministry of Personnel, Public Grievances and Pensions, and to that extent, the operation of the impugned judgment has not been stayed.

BACKGROUND OF THE CASE

The petitioners(now Respondents before the Supreme court) are employees of different forces namely CRPF, BSF, SSB, CISF, etc. who approached the High Court to quash the OM dated 17.02.2020 denying them the benefit of Old Pension Scheme (OPS) in accordance with CCS (Pension) Rules, 1972

The petitioners were offered an appointment for the post of Assistant Commandant during the period October 2004 to 2005. By Notification dated 22.12.2003, New Contributory Pension Scheme (NPS) was implemented w.e.f. 01.01.2004, However, the said scheme was not applicable to Armed Forces, as the Forces shall be governed by the OPS already existing.

Those who got appointed after NPS came into force due to administrative delay of Govt must get the benefit of OPS contended Petitioners

The petitioners relied on a catena of cases such as Naveen Kumar Jha Vs. UOI & Ors. (2012) SCC OnLine Del 5606, Inspector Rajendra Singh & Ors. Vs. UOI & Ors. (2017) SCC OnLine Del 7879 and Tanaka Ram & Ors. Vs. UOI & Ors. 92019) SCC OnLine Del 6962 and Shyam Kumar Choudhary & Ors. Vs. UOI & Ors. 2019 SCC OnLine Del 11891 to contend that it is a settled law that where an advertisement has been issued prior to 01.01.2004 but the successful candidates have been issued appointment letters subsequent to the NPS due to administrative delay on the part of respondents, then all such candidates must be given the benefit of OPS.

He also relied on the State of U.P. v. Arvind Kumar Srivastava and Ors. 2015 (1) SCC 347 to submit that when a set of employees has been given relief by the Court, then all other identically placed persons need to be treated alike by extending the benefit to them.

CRPF an armed forces of the Union, OPS must apply as in Army, Navy and Air force contended Petitioners

The petitioner further submitted that as per the notification dated 06.08.2004 issued by the Government of India stating that the CRPF is the Armed Force of the Union, respondents are not covering the petitioners under the OPS, as has been applied in case of Army, Air force and Navy.

Only those whose results were declared before 1.1.2004 covered under OPS: Govt

OM dated 17.02.2020 issued by the Department of Pension and Pensioner's Welfare, mentioned that in cases where the final result for recruitment was declared before 01.01.2004 against the vacancies occurring on or before 31.12.2003, only those candidates shall be eligible for OPS under the CCS (Pension) Rules, 1972

The respondents contended that since the petitioners joined the services after coming into force the aforesaid Notification, these petitioners were not entitled to OPS under the CCS(Pension) Rules, 1972

They further contended that in terms of Section 3 of the CRPF Act, 1949, CRPF is an Armed Force of the Union of India and the Notification dated 22.12.2003, the “ARMED Forces” implies Army, Navy, and Air Force and not to the entire armed forces of the Union.

They relied 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 MHA already declared as Armed forces by Govt: Delhi High Court

When vide Circular dated 6th August 2004 issued by the Ministry of Home Affairs, Government of India has itself declared that the Central Forces under the administrative control of Ministry of Home Affairs are armed Forces of Union, the position cannot be disputed that the Armed Forces shall remain excluded from coverage under Notification dated 22.12.2003.

The court also observed that “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 22.12.2003.”

Case title: Union of India & Ors v. Pawan Kumar & Ors, SPECIAL LEAVE PETITION (CIVIL) Diary No. 19815/2023

For petitioners- Mrs. Aishwarya Bhati, A.S.G. and AOR Adv. Mr. Arvind Kumar Sharma along with advocates Mrs. Bani Dikshit, Adv. Mr. Apoorv Kurup

For respondents- Advocates Mr. Ankur Chhibber, Adv., Adv. Mr. Anshuman Mehrotra, Adv. Mr. Nikunj Arora.

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