CAPF entitled for Old Pension Scheme: HC

Delhi High Court has now effectively given blanket cover to all the CAPF personnel to get the benefits of the old pension and nullified the earlier notifications in this regard.

New Delhi, Jan 13: Delhi High Court in its judgment has held that since paramilitary forces are armed forces, they too are entitled to benefits of Old Pension Scheme (OPS). Delivering the judgment on the plea of 80 petitioners who have all worked for CAPF, a Division Bench of Justices Suresh Kumar Kait and Neena Bansal Krishna set aside the earlier government orders (GOs) and officer memorandums (Oms) in this regard.

The GO and OM had denied the benefits of the Old Pension Scheme to the personnel of the paramilitary forces. However, as the court observed that the CAPF that includes forces like the Central Reserve Police Force, Shashtra Seema Bal (BSF), Border Security Force (BSF), Indo Tibetan Border Police (ITBP), etc. are entitled for OPS.

Now, effectively the High Court of Delhi has given blanket cover to all the CAPF personnel to get the benefits of the old pension and nullified the notification dated 22.12.2003 and OM dated 17.02.2020. This has placed CAPF personnel in the league of personnel from the Indian Army, Navy and Air Force who are also entitled for OPS.

HC disagrees with Centre's stand

During the hearing of the case the Central Government counsel argued that even though Section 3 of CRPF Act, 1949, says that CRPF is an Armed Force of the Union of India, it does not fall in the category of Indian Army or Air Force/Navy. According to the government stand the December 22, 2003 notification though has the term 'Armed Forces' it implies only for the personnel of Army, Navy and Air Force.

At the same time the government is of the view that since the NPS that is applicable to CAPF, OPS cannot be applied. However, the Delhi High Court did not accept the government's argument and held that the role of armed forces in safeguarding our country should be appreciated and any policy decision should not be detrimental to their interests.

The High Court also based its decision on Amarendra Kumar vs. Union of India & others. Case where it was made clear that the terms which governed at the time of issuance of advertisement for appointment, shall hold the field for the applicants.

Additionally, the judges were of the view that since the circular from the Ministry of Home Affairs (MHA) itself claims that the Central Forces under the administrative control of MHA are armed Forces of Union, they should be armed forces for all the purposes including of the OPS.