Supreme Court Rules Old pension scheme applicable to all paramilitary personnel

The Supreme Court has issued a stay order on the Delhi High Court's judgment regarding the implementation of the old pension scheme (OPS) for Central Paramilitary Forces (CAPF). The bench comprising Justices Sanjeev Khanna and Bela M Trivedi issued a notice, stayed the operation of the order, and clarified certain aspects related to the case.

The Supreme Court clarified that the petitioners must adhere to the Office Memorandum issued by the Department of Pension and Pensioners' Welfare, Ministry of Personnel, Public Grievances, and Pensions. However, they stayed the operation of the impugned judgment to the extent that it directed the application of the old pension scheme to the para-military forces.

The matter is now slated for further hearing in February 2024, providing ample time for both parties to present their arguments and evidence.

The crux of the petitioners' argument was centered around their appointment as Assistant Commandants from October 2004 to 2005. While the New Contributory Pension Scheme (NPS) was implemented in January 2004, the armed forces were excluded as they were already governed by the old pension scheme.

The petitioners contended that the administrative delay in implementing the NPS should not deprive those who were appointed after its introduction of the benefits of the old pension scheme.

Earlier this year, the Delhi High Court, in its judgment on 82 petitions, ruled that all present and future recruits in the CAPF should be covered by the old pension scheme. These petitions were filed by employees from various forces, including the CRPF, CISF, and ITBP, among others.

The plea argued that excluding the forces under the Ministry of Home Affairs (MHA) from the old pension scheme was discriminatory and violated the principles of equality.

In response to the Supreme Court's stay order, the respondents (petitioner CAPF personnel) have been asked to respond to the Centre's petition challenging the high court's verdict by February 2024.

Source: Link