old pension scheme for capf|capf old pension news|old pension scheme news|capf pension latest news:The judgment comes after a batch of 82 petitions by personnel of CRPF, SSB, BSF, CISF and ITBP seeking to quash the orders denying them the benefit of the old pension scheme.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.
In a landmark judgment on Wednesday, a bench of justices Suresh Kait and Neena Krishna Bansal, said that Article 246 of Constitution of India envisages that armed forces of the Union of India include “Naval, Military and Air Forces; any other armed forces of the Union”, and hence the personnel of CAPFs deserve to get the benefit of old pension scheme (OPS) according to the notification of December 22, 2003 by the ministry of home affairs.The court said held the CAPFs will not be covered under the new pension scheme as provided in the notification of December 22, 2003.
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The Delhi High Court directed the Centre Wednesday to grant the benefit of the old pension scheme (OPS) under the CCS Pension Rules 1972 to all personnel of the Central Armed Police Forces (CAPF). The court was hearing a batch of 82 pleas seeking quashing of orders denying the benefit of the scheme to certain paramilitary personnel.
A division bench of Justices Suresh Kumar Kait and Neena Bansal Krishna in its decision of January 11, while directing the Centre to issue necessary orders, said, “A mandamus by way of direction is accordingly issued to the respondents to issue an Order to CAPFs mentioned above to implement the Notification dated 22.12.2003 as well as OM dated 17.02.2020 in essence noted above. It is made clear that the Notification dated 22.12.2003 as well as OM dated 17.02.2020 granting the benefit of Old Pension Scheme shall be applicable in rem. Meaning thereby, Old Pension Scheme shall not only be applicable in the case of petitioners herein but all the personnel of CAPFs at large. Accordingly, necessary orders be issued within eight weeks.
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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.
A division bench of Justices Suresh Kumar Kait and Neena Bansal Krishna, hearing 82 petitions against the lack of OPS benefit for CAPF personnel, asked the Union government to issue necessary orders within eight weeks.A division bench of Justices Suresh Kumar Kait and Neena Bansal Krishna, hearing 82 petitions against the lack of OPS benefit for CAPF personnel, asked the Union government to issue necessary orders within eight weeks.
The petitioners had also sought quashing of an Office Memorandum of February 17, 2020 to the extent it does not grant benefit of old pension scheme to the personnel who have been appointed pursuant to notifications/advertisements dated January 1, 2004, has additionally reported.
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Central Armed Police Forces or CAPF include the Central Reserve Police Force, Border Security Force, Sashtra Seema Bal, Central Industrial Security Force and Indo-Tibetan Border Police.Earlier, employees of the CAPF were outside the ambit of this pension scheme.The court noted that the December 22, 2003 notification for a New Contributory Pension Scheme (NPS) said 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 court thus held that this meant that the NPS was not applicable to the Armed Forces and that the Armed Forces were to be covered by the Old Pension Scheme that was already in place.