Delhi High Court has given an important decision. All CAPF (Central Armed Police Forces) jawans will get the benefits of Old Pension Scheme. The Delhi High Court has also asked the Central Government to issue instructions in this regard within 8 weeks.
The bench of Justice Suresh Kumar Kat and Justice Nina Bansal has given this decision rejecting all the petitions.
The Delhi High Court said in its decision that according to the CCS (Pension) Rules, 1972, the benefit of Old Pension Scheme will be given to all employees of CRPF, BSF, CISF and ITBP. The court further said in its order that according to the notification issued on December 22, 2013, all other Central Government employees except the Armed Forces will get the benefit of the new pension scheme.
What did the court say about the old pension scheme
The Delhi High Court said in its order that the Old Pension Scheme already exists for the Armed Forces. In such a situation, the new pension scheme has not been implemented. The court also informed that in the notification of the new pension scheme, the same information has been given that the new pension scheme is not for the armed forces. This means that CAPF personnel will continue to get the benefit of the old pension scheme.
Arm force is under the Ministry of Home Affairs
The Delhi High Court cited a Supreme Court judgment v. Union Territory of Mizoram, (1981) which showed that the CRPF is a part of the armed forces. Further, the court said that in a circular issued by the Home Ministry of the Government of India on August 6, it was said that the Central Force comes under the Ministry of Home Affairs. For this reason the Arm Force is under the Centre.
The Delhi High Court read the Pension and PW Department’s memorandum of November 2003, the clarification letter dated December 6, 2004 and the office memorandum dated December 17, 2022. As per all these notifications, BSF, CISF, CRPF, ITBP, NSG, Assam Rifles and SSB Central Forces are part of Ministry of Home Affairs.
